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Corporate Manslaughter and Corporate Homicide Bill

I found the arguments of the noble Baroness, Lady Turner of Camden, persuasive, as, indeed were the comments of the noble Lord, Lord Wedderburn of Charlton, and of my noble friend Lord James of Blackheath. There is a strong case for the courts to ensure that responsibility for putting things right after an offence has been committed should rest with a named individual or individuals. It is presumably safe to assume that the organisations in question already suffer from substantial management dysfunction; therefore, little may be achieved if the responsibility for rectifying serious structural or systemic problems is allowed to fall between the cracks of an inadequate management structure, just as responsibility for preventing avoidable and unnecessary death or deaths leading to the conviction presumably must have done previously. So it is right that we try to find a way through this. There is, however, a reason for qualifying support. If an individual is charged with putting things right, the question inevitably arises: what sanctions may be applied against that individual if he or she fails to deliver the required improvements, "““in the organisation’s policies, systems or practices””?" We have already had a hint of that, with the references to possibly contempt of court and possibly a fine or various other remedies. I suppose all this creates a danger of going against the corporate character of the legislation, since it seeks to add a provision, here in Amendment No. 89, for the fining or even limited or indefinite disqualification, in extremis, of individual directors of organisations. I agree with my noble friend Lord James of Blackheath that we have to be a little careful, because we do not want to get rid of really rather clever, astute and powerful directors because they have a complete inability to deal with health and safety practices. I assume that the Minister will speak along those lines, but I look forward to hearing what he has to say.