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Corporate Manslaughter and Corporate Homicide Bill

moved Amendment No. 79: 79: Clause 8 , page 7, line 34, at end insert— ““( ) have regard to whether the organisation had appointed one of its directors as a dedicated health and safety director.”” The noble Lord said: In view of the comments made by the noble Lord, Lord Wedderburn, on the Financial Times, I have to declare an interest as one who writes a monthly column for that very fine paper and has done so for the past six years. As I hope to continue to do so, I could be at serious risk if I did not come out in support of the paper. So I put that on the record. Clause 8 relates to the factors for the jury to consider when deliberating whether there has been a gross breach. Through the Bill, we hope to make a contribution to changing the attitude to health and safety in the body corporate. No one can be happy with the statistics for 2005-06, in which 212 workers and 384 members of the public were killed followinga workplace incident. Our contention in the amendment is that the need to designate one director to be responsible for health and safety issues would help to focus the board of directors and senior management on health and safety. No one is suggesting that this individual could or should be held solely responsible for health and safety. Clearly, that would be unreasonable and unfair. Much could depend, say, on the backing of the board and chief executive, and on the necessary resources being made available to the named individual. However, the designation of such an individual might well be viewed in a positive and favourable light by the jury, as well as having an obvious practical benefit. I am very pleased that the Association of Personal Injury Lawyers supports the designation of a named individual. I beg to move.