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Corporate Manslaughter and Corporate Homicide Bill

I shall speak to Amendments Nos. 90 and 91 in my name and that of my noble friend Lord Lee. The noble Baroness, Lady Turner, is correct that our amendments’ purposes are entirely in line with hers. I claim no credit for the drafting; I am perfectly happy for the Committee to deal with these issues as it thinks fit. These are probing amendments. The issue raised by the noble Baroness, Lady Turner, was not properly discussed in another place. We must explore why individual liability for directors should not be encompassed by the Bill. I understand—the noble and learned Lord, Lord Lloyd, will correct me on this if I am wrong, as he does on so many other matters—that individual directors can be prosecuted for the common law offence of gross negligence manslaughter and under Section 37 of the Health and Safety at Work etc. Act 1974. However, if we look back, first, at prosecution for the common law offence and, secondly, at prosecution under Section 37, the practice has been that only a small number of directors has been prosecuted. Obviously, once the Bill is passed, corporate manslaughter will be a serious offence. I want the Government to justify how excluding individuals who have been grossly negligent would facilitate justice for bereaved families under those circumstances. This is a probing amendment. I support the principle that the noble Baroness, Lady Turner is putting forward. I claim no credit for the drafting, because her amendments have exactly the same effect, and look forward to hearing the Government’s response.