Regional Airports Limited is a private company that owns and operates two small commercial airports—London Southend Airport and London Biggin Hill Airport, together with operating the passenger handling facilities at RAF Northolt.

  We object to the introduction of this Draft Bill on the grounds that it will actively discourage SME's from operating businesses in this country. The long term effect on the economy of this country is likely to be counter productive to the development of an entrepreneurial and full employment society where risk is managed not eliminated.

  The drafting makes it quite clear than an offence is likely to be based on what an organisation has "failed" to do—so it is a sin of omission and not a sin of commission.

  SME's are the most important yet economically vulnerable businesses in the UK, usually employing less than 50 or so staff. In such small businesses, sins of omission are more likely to arise and for a "guiding hand" to be more readily identifiable. In larger companies, as has been evidenced from legal cases on this matter the "guiding" hands are less evident. This Bill will therefore place an unfair burden on the SME's without resolving the problem you seek to solve by this legislation.

  The proposed legislation is, therefore, unfair for those employed in SME's and it is also unfair to exclude any section of Government, a Minister or Secretary of State should be just as accountable as a director of a large company. Both are almost certainly remote from the event but no doubt a link can be found, a decision identified, a request considered and denied.

  I believe that this bill will discourage leadership, enterprise, innovation and employment and sends the wrong message to foreign companies thinking of investing in the UK. It is another element of the blame culture and should be avoided at all costs.

  A more positive step would be better and more frequent Safety Campaigns, urging individuals to think for themselves and to make their own risk judgements. Employee support to speak up when they think things are wrong and to say when people's lives are being put at risk would be far more constructive.

13 June 2005