NICOLA Sturgeon has been urged to give the families of individuals killed by an employer’s gross negligence greater legal powers after it emerged she backed similar legislation in opposition.

The Scottish Government has said it will “consider” plans by Labour MSP Claire Baker to create new legal avenues for the families of victims of fatal workplace accidents.

However, documents show that the First Minister and three serving SNP Cabinet Secretaries - John Swinney, Michael Matheson and Roseanna Cunningham - supported proposals for Holyrood legislation back in 2006.

Ms Baker, a member of Scottish Labour leader Richard Leonard’s shadow cabinet, last week unveiled plans to amend the law on culpable homicide.

Her consultation stated that, in cases where individuals caused death by recklessness or gross negligence, it is “relatively easy” for the Crown Office to secure a conviction.

But on occasions where medium sized or larger companies cause a death she argued that it remains “extremely difficult” to secure a conviction of corporate culpable homicide.

She believes firms, and their directors, should be held accountable for any wrongdoing.

“It is only right that, as well as the company being guilty, the individuals whose action led to the company’s guilt can be convicted and sentenced appropriately”, her document stated.

Her planned Bill comes eleven years after the Corporate Manslaughter and Corporate Homicide Act was passed by MPs in 2007.

The legislation clarified the criminal liabilities of companies and, in cases where serious health and safety failures led to workplace fatalities, made prosecutions easier. However, critics were underwhelmed as the legislation did not apply to directors personally.

Ms Baker’s consultation said of the UK law: “The law of culpable homicide has always failed to have one clear set of rules that apply to all wrongdoers, individuals and organisations alike. Many hoped that would be achieved by the 2007 Act but it has failed entirely in that objective.”

Seventeen people are believed to have died on average in industrial incidents each year in Scotland over the last five years but there has not been a prosecution under existing legislation in the last decade.

At the time that the UK proposal was under discussion, former Labour MSP Karen Gillon consulted on Scottish-only legislation in 2006.

Ms Gillon abandoned the plan amid a legal wrangle, but her far-reaching proposals, which are in line with that Ms Baker is backing, secured the support of dozens of MSPs.

Fifteen Nationalists supported Ms Gillon, including the three MSPs who now sit in Ms Sturgeon’s Cabinet, as well as prominent backbenchers such as Shona Robison, Alex Neil, Linda Fabiani and Maureen Watt. Ten of the fifteen are still at Holyrood.

The Herald on Sunday has also obtained a letter from Ms Sturgeon, as an opposition MSP, who wrote to the Families Against Corporate Killers campaign group in 2006 on the Gillon proposal.

“The SNP is supportive of this legislation and, in particular, legislation specific to Scotland. It is regrettable that the Scottish Executive has not shown leadership in this issue," she wrote.

Campaigners believe the SNP MSPs should turn support in Opposition into action in Government.

Lawyer Patrick McGuire said: “Senior members of the SNP, including the First Minister and Deputy First Minister, have previously pledged to support reform of the law in this area. The only reason that I can see for them not supporting Claire Baker’s proposal would be party politics; and this issue is far too serious to fall foul of such games.

“The issue therefore comes down entirely to political will. I hope that all MSPs will rise above party politics and get behind Claire’s proposal.”

Ms Baker said: "The campaign to reform Scotland's culpable homicide laws to better protect workers has been a long one.

"I hope those SNP MSPs, including the First Minister and three Cabinet Secretaries, who backed similar proposals in 2006 will now join with me in finally bringing about these much needed changes.

A Scottish Government spokesperson said: “While health and safety at work is reserved, we will consider any proposals for a Members’ Bill carefully if and when they are introduced into the Scottish Parliament.

“We support the 2007 Act as it sends a robust message to organisations that they must meet a duty of care to employees and the public. If current legislation could be improved by new devolved legislation, Ministers would consider what further steps should be taken.”