Proceeding contribution from Lord Lyell of Markyate (Conservative) in the House of Lords on Monday, 15 January 2007. It occurred during Debate on bill and Committee proceeding on Corporate Manslaughter and Corporate Homicide Bill.
Corporate Manslaughter and Corporate Homicide Bill
As the Minister knows, some of us have anxiety about the structure of the Bill, as the Government have been careful to limit the duties of public authorities to those relating to their position as an employer or to their position under the Occupiers’ Liability Act as occupiers of premises. That is a narrow limitation. When one looks down the list of authorities in Schedule 1, it is possible to imagine—I am sorry that I have not been more imaginative than this—that there must be a significant number of activities in which bodies such as the Department for Culture, Media and Sport, the Department for Education and Skills, the Department for Transport, the Department of Health and so on are obliged to engage that might put people at very serious risk, including that of death, if they were carried out improperly and, sadly, with gross negligence. Whereas any other body in this country would be liable to a charge of corporate manslaughter, these public authorities would not be. I can anticipate this causing considerable concern down the road. I shall continue, in Committee and on Report, to rack my brains and hope that somebody realises my incompetence, reads our speeches—if anybody ever does—and comes forward with suggestions. I am quite sure that there is a gap here. If the Minister does not agree, or if he does not think that there is a problem, why are he and his advisers so keen to exclude this liability? If he thinks that there is a problem—the noble Lords, Lord Razzall and Lord Lee, mention a number of important statutory requirements—what is the justification for excluding a public authority? If the Minister cannot help now, perhaps he would ask those assisting him to enable him to reflect on this and help later. It is a serious point.
Secondary information
- Type
- Proceeding contribution
- Reference
- 688 c175GC
- Session
- 2006-07
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Contracts Breach of contract Children in care Detainees Death Companies Directors Crown immunity Custodial treatment Corporate manslaughter Inspections Liability Health and safety Exemptions Government departments Mental illness Prosecutions Prisoners Prisons Management Public bodies Staff Negligence Safety Suicide
- 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 12:46:37 +0000
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