7. To ask the Scottish Government how many fines have been issued by courts to companies for breaches of health and safety rules, resulting in workers’ deaths, in the last five years. (S6O-02242)

Information provided by the Crown Office indicates that, in the period 2018-19 to 2022-23, 164 companies have been convicted and fined for criminal breaches of health and safety law. Information relating to the number of specific health and safety cases in which a death has occurred is not available.

The Health and Safety Executive found that, of all the United Kingdom nations, Scotland has the highest rate of deaths in the workplace caused by fatal injuries, so it is highly concerning that no cases have been prosecuted in Scotland under the Corporate Manslaughter and Corporate Homicide Act 2007 despite 164 companies having been legally deemed responsible for workers’ deaths. Although that law is reserved, will the Scottish Government review why those cases are not being brought as corporate manslaughter cases and how it can make that option more accessible for victims’ loved ones?

The member is correct in saying that that is concerning. Health and safety legislation is reserved, and the legislation to which she refers is United Kingdom legislation that was passed in 2007. Although the argument is progressed by some that that legislation acts as a deterrent, because it ensures that organisations are aware that they must meet a duty of care to employers and the public, I know that the member and some of her colleagues have narrated effectively how the legislation bypassed, in effect, what was then referred to as the Transco loophole, as opposed to closing the loopholes.

We will consider what more we can do within our powers in that area, in which I recognise that the member, along with Claire Baker, has a long-standing interest.

The recent work by the Scottish Trades Union Congress and the Scottish Hazards group shows that we need to consider the best way to reform legislation in order to better allow negligent companies to be prosecuted. The enforcement of safe working environments is essential, and it is a disgrace that the UK Government has cut the Health and Safety Executive’s budget by 40 per cent.

The Scottish Hazards group has stated that

“only full devolution of health and safety regulation allowing convergence with existing devolved powers ... will provide the necessary foundation for a health and safety system that protects workers and delivers justice for those impacted by health and safety failure.”

Does the Cabinet secretary agree with that view?

I very much agree with the member, given that the Smith commission considered giving this Parliament powers over health and safety but did not ultimately recommend it. I am aware that the STUC has said that that failure was “a missed opportunity” to allow this Parliament to shape how workers can be better protected. I am sure that many members would agree with that statement, and this Parliament would be able to do more to protect workers if those powers sat here.