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Proceeding contribution from Lord Wedderburn of Charlton (Crossbench) 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

Does the noble Lord agree—and this is relevant to what other noble Lords have said—that the standard of care is set by Clause 1(4)(b)? It gives us an explanation of what is meant by gross negligence and tells us that the breach has fallen ““far below””—I would say below, "““what can reasonably be expected of the organisation in the circumstances””." What can reasonably be expected of the organisation in the circumstances is the duty set by Clause 1(1)(b). It is no good for noble Lords to say, ““Oh, this is a question for lawyers”” or ““It is not a question for lawyers””. It is a matter of common sense. The word ““far”” limits the liability further.


Secondary information

Type
Proceeding contribution
Reference
688 c143-4GC 
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