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Proceeding contribution from Alistair Carmichael (Liberal Democrat) 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

I shall not detain the House long because I do not depart from what others have said. However, given that I tabled amendment No. 27, I should like to make a few comments about it. The wording is not original but comes from the Law Society of Scotland. I always have one eye on the fact that I may require its co-operation again in earning a living at some stage in future, and I therefore like to be helpful to it. The point of the hon. Member for Hornchurch (James Brokenshire) about constituents coming to a surgery and asking why their husbands, sons, daughters and so on cannot have the satisfaction of a prosecution of their case strikes at the heart of the matter. Earlier, the Minister spoke at length about the purpose of the Bill. Surely we do not want its purpose to be defeated by a fairly artificial distinction. Although the distinction is artificial, it is also real. Under Scots law, the constitution of a partnership has a separate legal personality, distinct from the individual partners who comprise the partnership. In the dim and distant past, I prosecuted several health and safety cases and the distinction is especially important in sectors in which small and medium-sized enterprises predominate. That applies especially to construction, agriculture and sometimes the fishing industry. All those sectors operate predominantly through partnerships, if not sole traders. The small and medium-sized enterprise sector does not excel in its regard for health and safety law.


Secondary information

Type
Proceeding contribution
Reference
454 c84-5 
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