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Proceeding contribution from Lord James of Blackheath (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

I hope that noble Lords will forgive me as this is the first time that I have ever set foot in a Grand Committee and I am unfamiliar with the protocols and procedures. In listening to the debate, I can think only in terms of what I would do now if I were sitting in a boardroom having to make a decision which had a bearing on this issue. I would not be able to rate the failure of care on a scale of one to 10, and I would not know where I had fallen below if I rated it as three, five, six or seven. However, I would guide members of my board in deciding whether they should take some action which carried a risk and I would consider whether, as a result, we were placing an individual in the company’s employment in harm’s way. That is the missing element in this debate. The question is not the degree of risk attaching to the matter in the abstract; it is specifically whether any individual decision places an employee or employees or the public in harm’s way. I am critical of the wording as it is drafted because those words have not appeared anywhere in the Bill and, as I said at Second Reading, they are the missing words which will have a great deal more significance for people in understanding their responsibility in a boardroom when they come to live with this legislation in years to come.


Secondary information

Type
Proceeding contribution
Reference
688 c144-5GC 
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