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Proceeding contribution from Lord Davidson of Glen Clova (Labour) 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

First, I should clarify that—treating it as an example without any particular facts or employer and simply for the purpose of this debate—one would not be looking under Clause 2(1)(b) as a duty owed as an occupier of premises, but rather under Clause 2(1)(c) or perhaps Clause 2(1)(c)(iv) relating to the use or keeping by the organisation of any plant, vehicle or other thing. I was trying to get across the point that there is a distinction between the position of employer and occupier—the Clause 2(1)(c) duties—and what might more properly be regarded as the public functions that I sought to characterise as public functions of the organisation. I trust that that gives some clarity, but possibly not.


Secondary information

Type
Proceeding contribution
Reference
688 c224-5GC 
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