THERE may yet be an “opportunity” to introduce long-awaited corporate manslaughter legislation in Jersey before the end of the current term of office, the Home Affairs Minister has revealed.
Deputy Mary Le Hegarat suggested there may be an way of creating a corporate manslaughter offence without necessarily introducing a standalone new law.
She told the Children, Education and Home Affairs Scrutiny Panel yesterday: “Both myself and another Deputy have been approached in relation to other opportunities under different legislation, and so I think it would be prudent to have a look at that prior to us actually moving forward with the corporate manslaughter law.”
However, Deputy Le Hegarat made it clear that she was not opposed to a standalone law.
“Personally, I wouldn’t withhold corporate manslaughter legislation if the other idea was going to take too long,” she said. “I would want to push that forward.”
When asked whether there was still time during what remains of the current term to act, Deputy Le Hegarat replied: “Yes, I think we might have an opportunity to do that, but I don’t think we’ll have much opportunity to do anything else.”
It comes less than a month after Island Energy chief executive Graeme Millar said the introduction of a corporate manslaughter offence in the Island would strengthen corporate accountability, align Jersey with UK standards and promote a coherent approach to public safety.
“The creation of a new corporate manslaughter offence could ensure clearer legal avenues for investigation and prosecution, following fatal incidents arising from corporate negligence,” he said.
“It could also ensure Islanders benefit from protections comparable to those in neighbouring jurisdictions.”
Corporate manslaughter laws hold businesses or organisations responsible when their management failures lead to a person’s death.
Instead of prosecuting an individual, the law targets the company itself, typically resulting in fines rather than prison sentences.
Last year, the Home Affairs Minister confirmed that work began in 2023 to develop a domestic offence broadly aligned with the UK’s Corporate Manslaughter and Corporate Homicide Act 2007.
Initial instructions were developed in September 2023, she explained, but outstanding questions remained – including how to address challenges unique to a small jurisdiction such as Jersey, where offending organisations may be monopoly service providers or branches of larger entities based elsewhere.
According to the minister, work was underway to resolve these issues in early 2024 but resources were then “redirected to meet the commitment of this government to press all recommendations of the task force on violence against women and girls”.
As a result, corporate manslaughter legislation was postponed.
