The Royal Borough of Kensington and Chelsea is concerned that the proposed Corporate Manslaughter Bill as currently drafted will stifle innovation.

  In particular, one major concern is that the Bill is likely to have an adverse impact on improvements to the highways as authorities would be less likely to undertake an experimental approach as the Royal Borough has done.

  The specific example in our case to assist your understanding of the concerns, relates to our recent improvements to Kensington High Street. In this case we undertook a radically new design approach and this involved disregarding Department for Transport design prescriptions whilst at the same time closely monitoring the consequences of deviation from DfT design, for personal injury accidents. To date the accident record has in fact shown an improvement. Furthermore the new improvements have received accolades and awards.

  Such a Bill if it becomes law could adversely affect such innovation. The proposed legislation only allows a defence to a charge of corporate manslaughter on the grounds that the defendant fully complied with health and safety requirements. This proposal in the Bill is also likely to encourage legal advisers and insurance managers to advise elected Members that they should not run the risk of departing from DfT or other Government design or other guidance.

  The Bill, if it becomes law should address these concerns and encourage innovation whilst also protecting the public. There is a fine balance which needs to be struck to achieve both outcomes.

28 July 2005