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Corporate Manslaughter and Corporate Homicide Bill

The Minister probably thought he had had enough of me for one afternoon. Amendment No. 79A is a reflection of my continuing concern on two counts arising from the debate over the past three sittings. First, I remain concerned that we still have not clearly, to my satisfaction, pinned down the right level of responsibility that should apply in a considerably wide range of cases. That remains a big issue for me. Secondly, I am concerned that there is a lack of clarity in the Bill about whether there is mitigation as a result of the incompetence of a lower-level employee who has caused injury to himself or to others by failing to follow laid-down rules. I suggested this wording as a means of clarifying once and for all, either way, whether that mitigation is a viable argument on challenge. The example I gave several days ago of death on a race course arising from allowing a fence to be jumped when it involved riding straight into a setting sun would involve the groundsmen, the clerk, the chief executive and the chairman of the course, and, beyond them, the British Horseracing Authority. There is no clarity in any of our discussions about which level would be held accountable in that case for a death that has occurred. I seek only clarity here. I am not nailing my colours to the mast and stating that it is or is not mitigation; I merely seek clarity on how the Act would apply in operational terms.