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Proceeding contribution from Tony Lloyd (Labour) in the House of Commons on Monday, 4 December 2006. It occurred during Debate on bill on Corporate Manslaughter and Corporate Homicide Bill.


Corporate Manslaughter and Corporate Homicide Bill

This debate also took place in Committee, but it is worth placing it on the record that, by definition, the offence of corporate manslaughter amounts to the causing of a person’s death where there is a ““gross breach”” of"““a relevant duty of care””." We are not talking about a trivial matter of negligence. As the hon. Gentleman knows better than I do, a gross breach is a strong test before the courts. It would be necessary to prove both the corporate manslaughter and the corporate nature of that manslaughter before any individual would be caught within the realms of new clause 1 or, as I will explain later, new clause 6. We might disagree about whether people should be imprisoned, but the powers will never be used for a trivial matter and the court will have to apply a strong test.


Secondary information

Type
Proceeding contribution
Reference
454 c43 
Session
2006-07
Chamber / Committee
House of Commons chamber
Subjects
Accountability Detainees Death Company law Companies Directors Convictions Crown immunity Corporate manslaughter Disqualification Liability Health and safety Exemptions Government departments Holding companies Prosecutions Prisons Management Police custody Staff Negligence Scotland Remand in custody
Legislation
Corporate Manslaughter and Corporate Homicide Bill 2005-06 to 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk