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Proceeding contribution from Dominic Grieve (Conservative) 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

For the reasons I gave before. Someone who had been involved in the way the hon. Gentleman describes would be liable for conviction for manslaughter, and that is what they should be prosecuted for. The point about new clause 4, which I found interesting in some ways, is that it provides a mechanism for the direct disqualification of directors, but to disqualify them one has to show that the offence was committed with their ““consent or connivance””, which means that they will have to be in the dock during the trial. That is just a muddling feature, given that the same outcome can be achieved without all the paraphernalia and extra cost of holding disqualification proceedings thereafter; that was my simple point. To come back to the key issue, if somebody commits a killing by gross negligence through their direct, personal involvement, they should be prosecuted for manslaughter under existing law, but they should not be dragged into prison because they are associated with a corporation convicted of corporate manslaughter, because there injustice lies.


Secondary information

Type
Proceeding contribution
Reference
454 c44 
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