Proceeding contribution from Lord Henley (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
Perhaps before the Minister responds, I could say a few words. I am somewhat confused by the explanation put forward by the noble Lord, Lord Wedderburn. My understanding is that the substantive amendment, Amendment No. 13, relates to the definition of ““senior management””. On page 1, Clause 1(4)(c) says that senior management, "““in relation to an organisation, means the persons who play significant roles in””—" and then we have paragraphs (c)(i) and (c)(ii), to which the noble Lord adds a paragraph (iii), "““the performance of duties arising from a contract, an office or a fiduciary obligation, concerning matters substantially connected with those activities””." The first point is what I would call, in honour of my noble friend Lord James, the ““Lord James of Blackheath point””. How can that be understood in the boardroom? I find it fairly difficult to understand and I dare say that my noble friend’s colleagues in the boardroom would similarly find it difficult to understand. Secondly, whom exactly do the noble Lord and his noble friend intend to include in the amendment? In an amendment such as this one, the intention could be to include every single paid employee in an organisation who takes any kind of decision. If that is the case, it seems pretty poorly drafted. I may have misunderstood what the noble Lord was saying and he may, when he responds to the Minister, be able to put me right. But at the moment I cannot offer much support for the amendment.
Secondary information
- Type
- Proceeding contribution
- Reference
- 688 c152GC
- 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
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- 2023-12-15 12:46:58 +0000
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