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Corporate Manslaughter and Corporate Homicide Bill

The noble Lord raises a most interesting point. Perhaps I may answer him in two, or possibly three, ways. First, I do not believe that it would be sensible for the Bill to stress the need for someone in senior management or the board—the noble Lord has mentioned companies and the board so we will stick to that—to be the safety officer or safety director. Secondly, that is all part of a problem that is still there in the Bill: I call it the problem of delegation. In some people’s view—the noble Lord raises this germane point—the Bill allows for delegation to a point where it could almost never bite. I do not in my amendment suggest that there should or must be a director on the board nominated as safety director or the like; I say that after the accident, the death and when the court has passed on the initial proceeding, a director who is responsible for failing to carry out a court order should, according to the discretion of the court, be open to disqualification. I have written to the Minister on delegation, which must surely receive a little more thought before Report. I am sorry to have mentioned it, as the Minister has so much to do, and in the absence of his colleagues it is an extra burden, but delegation is such an significant problem that I hope he will be able to turn his mind to it. I do not believe, for example, that it should be open to a board, the articles of a company or any other arrangement to delegate expressly safety matters to someone below board and senior management level. Where that is done as the Bill stands, the Bill will never bite. Delegation below senior management should not be allowed. Somebody in senior management should have to use his greater authority to deal with these matters. As I say, I have written to the Minister about this matter and, with his colleagues, he will no doubt consider it before Report. I very much look forward to the Government’s views on the general question of delegation as it applies to the Bill. I am grateful to the noble Lord, Lord James, for raising the point.