A FIFE Labour MSP wants companies who are to blame when there's a workplace death should face charges for culpable homicide.

And Claire Baker said the refusal of the Scottish Government to back the move meant families who had lost loved ones were being denied justice.

The MSP introduced the Culpable Homicide (Scotland) Bill in 2019 with the aim of ensuring suitable convictions would take place in the event of a workplace death, where recklessness or gross negligence of individuals, companies or organisations could be proven.

Ms Baker said: "I am disappointed at the Scottish Government’s lack of support on this important bill which would have ensured justice for families left behind – not least because many SNP ministers, including the First Minister, supported a similar bill when in opposition.

“Very little time was afforded at committee stage to hear from the families and trade unions who have long campaigned for this legislation. Those who have lost loved ones and suffered years pursuing justice deserve to have their voices heard."

The number of Scottish workplace deaths increased to 29 in 2018/19.

Currently, common law determines how culpable homicide applies to individuals, but there is no expectation that large businesses can be successfully pursued through criminal courts.

Ms Baker said the bill sought to rectify that issue but it didn't receive the necessary support at stage one of the process.

She added: "There have been too many deaths in workplace accidents in Scotland over the past decade, and there is not sufficient deterrent – the current laws are inadequate to ensure prosecution.

“If culpable homicide can be identified as the cause of the death in the workplace, it should not matter whether that is by the actions of an individual or by a small or large company – the treatment under the law should be equal.”

Justice minister Humza Yousaf, in a letter to Adam Tomkins, convener of the justice committee, he said: "Like the committee, the Scottish Government has a great deal of sympathy with those families who have lost a relative whilst attending their workplace.

"We also appreciate that there are a number of families for whom this bill's provisions will be important given the tragic circumstances behind the death of a loved one whilst attending their workplace.

"The Scottish Government also appreciates that many of those families and those who support this bill are of the view that the UK Government Corporate Manslaughter and Corporate Homicide Act 2007, is inadequate and cite the lack of prosecutions under this act as a clear example of its deficiencies.

"I think it is important to bear in mind, however, the lack of prosecutions under the 2007 act, does not necessarily lead to the conclusion that it is not fit for purpose."

He said that if current legislation could be improved by new devolved legislation, the government will "consider what further steps should be taken".

However he added there were "legislative competency and policy concerns" about the bill.

Mr Yousaf said the Scottish Law Commission had begun a much wider review of homicide, it was announced in February 2018 and is due to be completed in 2023.

He added: "The Scottish Government take the view that there should be no reform of one part of the law relating to culpable homicide until a set of new, reformed culpable homicide criminal law is in place.

"So on that key point alone, the Scottish Government is not able to support this bill."