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Proceeding contribution from Lord Reid of Cardowan (Labour) in the House of Commons on Tuesday, 10 October 2006. It occurred during Debate on bill on Corporate Manslaughter and Corporate Homicide Bill.


Corporate Manslaughter and Corporate Homicide Bill

May I respond fraternally to my hon. Friend and fellow member of the Transport and General Workers Union by saying that I have already pointed out that an individual director or manager who can be proven to be guilty of gross negligence can, at the moment, be prosecuted for gross negligence and manslaughter in that way? So at the moment, there is nothing to prohibit that, and nor does anything in the Bill prohibit it; it can still be achieved. The Bill supplements that by stating that, even where that individual cannot be shown himself to have acted with gross negligence, nevertheless, if he and others in the senior management have acted in such a way that a systemic failure across the organisation has resulted in death and destruction on a significant scale, they ought, in addition to the individual responsibility, to be open to the corporation’s being fined or faced with a remedial order. Of course, it is ““corporate”” manslaughter, so individuals are not held responsible; rather, the incorporated institution itself is.


Secondary information

Type
Proceeding contribution
Reference
450 c201-2 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Accountability Armed forces Death Companies Directors Crown immunity Corporate manslaughter Disqualification Liability Homicide Health and safety Health and Safety Executive Fines Exemptions Foreign companies Police Prosecutions Management Negligence Scotland Prohibition notices
Legislation
Corporate Manslaughter and Corporate Homicide Bill 2005-06 to 2006-07
Health and Safety at Work etc. Act 1974
Link
View this Proceeding contribution on www.publications.parliament.uk