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Proceeding contribution from Lord Lyell of Markyate (Conservative) in the House of Lords on Thursday, 11 January 2007. It occurred during Debate on bill and Committee proceeding on Corporate Manslaughter and Corporate Homicide Bill.


Corporate Manslaughter and Corporate Homicide Bill

The noble Lord is right that this is very important. I am simply advocating that the Bill should remain exactly as the Government have drafted it in this respect. I was seeking to explain the difference between ordinary negligence—which is only too common—and gross negligence. Somebody leaving something by accident so that someone trips over it and very sadly breaks their neck is a very long way from gross negligence, although it rightly gives rise to civil liability and rightly does not normally give rise to criminal liability. The noble Baroness is saying that because of the disastrous consequence of death, ordinary civil liability tests should be enough to make you guilty of manslaughter. I hope that on reflection, the Committee and the House will not take any such view. The Bill is exactly right here. I entirely support what the noble and learned Lord, Lord Lloyd, says in this respect. This is a standard definition of gross negligence, which is what it purports to be. While I completely understand the many tragedies which seem to have gone unpunished and which underlie the pressure for the Bill, we should not move away from standard definitions of our law. That is what we would be doing if we removed the word ““far””. I hope that we stick with the Bill as drafted in this respect.


Secondary information

Type
Proceeding contribution
Reference
688 c143GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
Subjects
Accountability Armed forces Death Companies Crown immunity Corporate manslaughter Liability Health and safety Exemptions Government departments Police Prosecutions Management Public bodies Negligence
Legislation
Corporate Manslaughter and Corporate Homicide Bill 2005-06 to 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk