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Proceeding contribution from Lord Hunt of Wirral (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

This has been a very disappointing response from the Minister, and we should take a moment to explore why. We are talking about someone who is killed who would be alive had an activity not been performed in a grossly negligent manner. That is a really serious situation. The Government are not being even-handed; they are saying that in certain circumstances, a corporation will be found guilty of corporate manslaughter but, perhaps in circumstances even more serious than the case involving the private sector, the agency of government could not be prosecuted for corporate manslaughter. I tried to work out why the Minister was being so firm, given that all the arguments that we have heard are so persuasive. I believe that the answer may lie in a rumour that has not been aired in this Committee—that the Home Secretary has made it clear that if the amendment were passed, the Bill would not be brought into effect. I challenge the Minister to tell us whether that is or is not true, because it is an important point and an important question to ask. The Bill forms part of what is said to be the Warwick agreement—and I am still waiting for the noble and learned Lord, Lord Davidson, to give me a copy. I asked for a copy at Second Reading but I am still waiting for one—and perhaps one day I will get one. I understand that it contains a commitment that the corporate manslaughter offence will be introduced as a criminal offence. If it is the case that that is a key part of the invisible but apparently already written Warwick agreement, are the Government seriously contemplating withdrawing a Bill that they have promised under that agreement because the majority in the Houses of Parliament might oppose them on this matter? It would need a majority in both Houses to press this on the Government. I believe that these threats are being issued because the Government are not confident that they would succeed in persuading the Members of the other place to reject any such amendment if we passed it in this Chamber. Perhaps the rumour should be aired a little more clearly so we know exactly where we are. At the moment my colleagues and I are determined to press the issue—and when we come to Report, which I understand may be on 5 February, this is a very important amendment on which we would want to test the opinion of the House. That is some days away, and there is still time for the Government to seek to meet this point and to recognise that very strong feelings are being expressed.


Secondary information

Type
Proceeding contribution
Reference
688 c202-3GC 
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