---

Corporate Manslaughter and Corporate Homicide Bill

moved Amendment No. 15: 15: Clause 1, page 2, line 9, at end insert— ““(5A) No part of this Act shall be construed as preventing or in any way hindering action under section 37 of the Health and Safety at Work etc. Act 1974 (c. 37) (offences by bodies corporate).”” The noble Lord said: We now consider an important subject in Amendment No. 15. We must ensure that a corporate manslaughter conviction does not preclude secondary liability of individuals for health and safety offences. I would be grateful if the Minister could help us through this by explaining how the system would now operate. It is important to recognise that it will still be possible to have an individual prosecuted under Section 37 of the Health and Safety at Work etc. Act 1974. Alongside that, it would be possible to prosecute the company for corporate manslaughter with this legislation. I am concerned to ensure that prosecuting the company for corporate manslaughter under this new offence does not mean that the old Section 37 prosecution cannot take place side by side. The issue is not just academic. In the event of a conviction for corporate manslaughter, the judge would not necessarily ask for a verdict against the company for breaches against the 1974 Act as well. The amendment suggested by my noble friend and I would make it clear in the Bill that the new offence does not supersede a separate health and safety offence. This refers back to what I sought to persuade the Committee before: namely, if the Corporate Manslaughter and Corporate Homicide Bill is to make a significant contribution to persuading everyone that they should take health and safety much more seriously, it must be made clear that it is in addition to the existing laws and not a detraction or distraction from them. The Minister, Gerry Sutcliffe, said in the other place: "““I am trying to argue that there would be the opportunity to combine corporate manslaughter with existing health and safety legislation … My point is that individual liability is catered for under existing legislation, so the Government are not persuaded that we need to move down the route of individual liability in relation to corporate manslaughter. The aim is to make sure that the legislation works and can create an arena for change … I hope that it will be a deterrent””.—[Official Report, Commons, 4/12/06; col. 74.]" Are we, therefore, sure in our minds that we can have what is called twin-tracking; namely, that the Health and Safety at Work etc. Act 1974 and the corporate manslaughter Bill can see prosecutions in respect of the same incident, the same terrible fatality? I hope that the Minister can reassure us about that, as we need to be clear on the subject.