[IER] Corporate manslaughter and hiding data - no wonder this govt wants to be above the law
Sarah Glenister
ier8 at gn.apc.org
Fri Jun 4 17:59:39 BST 2021
News brief - 04/06/21 View this email in your browser
Corporate manslaughter and hiding data - no wonder this govt wants to be above the law
A criminal lawyer has warned that the government could face charges of corporate manslaughter if the Department of Health and Social Care (DHSC) returned Covid-19 patients to care homes as a matter of policy.
Writing in the Guardian, Alex Bailin QC said Health Secretary Matt Hancock has "serious questions" to answer if Dominic Cummings' claims that he misled Downing Street on the testing of care home residents were true.
The mandatory testing of care home residents did not come in until mid-April 2020, but Cummings claims Hancock "categorically" told the Prime Minister's team that this would happen in March. A leading care home provider also stated that pleas for testing in March had been ignored by Hancock.
Alex Bailin QC said that "it is doubtful that a policy that effectively forced care homes to import Covid-infected patients into a highly vulnerable environment would be shielded from prosecution".
Elsewhere, government agency Public Health England (PHE) has been accused of hiding data on the spread of the Indian variant of Covid-19 on the behest of Boris Johnson.
A pre-action letter sent to the body warned that it is against the law for a supposedly independent department to cave to political pressure.
With so many claims of law-breaking behaviour, is it any surprise that the government is pushing ahead with plans to put itself above the law?
On announcing its legislative programme for the year, Johnson's administration vowed to put limits on the judicial review process, claiming that an independent review led by Lord Faulks QC had found the courts edging "away from a strictly supervisory jurisdiction" and interfering in political matters.
Lord Faulks denies he made any such argument and says his report found no justification for the weakening of judicial review.
In a letter to Justice Secretary, Robert Buckland, a cross-party group of MPs warned that the govermment's proposals "would make it much harder for people to put things right when mistakes are made or governments overstep their bounds. They would undermine the rule of law and the crucial principles of fairness and accountability".
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About this eventPeril and possibility for workers – exploring the worst and the best of automation transition.
Our speakers at this event will consider the past, the present and the future of automation and its interaction with the workplace and workers' rights.
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