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Proceeding contribution from Ed Davey (Liberal Democrat) 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

My hon. Friend is right. Our fourth concern is with how the Bill is constructed, particularly with respect to the duty of care that corporations and organisations have to bestow on the victim before they can be accused of an offence. We believe that that unduly limits the new offence and that focusing on the civil law definition of duty of care rather than the law of negligence and criminal law amounts to a restriction. For example, one could imagine an organisation, especially if it is a public body, having a statutory duty under health and safety legislation, but no duty of care. Once again, that illustrates a problem with the approach. Surely every organisation owes a public duty not to kill a person by its gross negligence. It is a simple as that. Linking the issue only to duty of care tests under civil law does not go far enough.


Secondary information

Type
Proceeding contribution
Reference
450 c226 
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