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Corporate Manslaughter and Corporate Homicide Bill

moved Amendment No. 29: 29: Before Clause 9 , insert the following new Clause— ““Power to order publication of offence (1) An organisation that is guilty of corporate manslaughter or corporate homicide is liable on conviction on indictment to— (a) make the conviction known by a statement in open court in terms approved by the court, and (b) give an undertaking to the court as to the manner of its publication. (2) Any penalty imposed under this Act shall be notified by the court to the Registrar of Companies and the Registrar of Companies in Scotland.”” The noble Lord said: My Lords, this subject has already been aired by the noble Baroness, Lady Turner of Camden, on Amendment No. 16. The amendments in this group seek to add a power to the Bill to order a convicted body to make its conviction public. Like the noble Baroness, Lady Turner of Camden, I am pleased to see that the Government have tabled their own amendment. They have added to the proposals we discussed in Committee; in fact, their amendment goes further, making it explicit that the court must have regard to any representations made by both the prosecution and the defence in deciding the manner of publication. Most importantly, that will enable the courts to consider the wishes of the families of victims of the offence. I hope that that is what the Minister has envisaged. There could be scope here for the court to take into account victim impact statements, although I imagine that the prosecution on behalf of the families of victims would make its clients’ wishes known as a matter of course. I welcome the further measures that enable the court to direct the publication, as opposed to simply approving what a convicted company may suggest, and the concept that an enforcement authority will ensure that the publication is carried out. I should be interested to hear from the noble and learned Lord the Attorney-General what that enforcement authority would be if it is not to be the courts themselves. I am, however, content that the Government’s amendment achieves everything that my amendment, my noble friend’s amendment and the amendment tabled by the noble Baroness, Lady Turner of Camden, set out to do. I lend my full support to the government amendment. I beg to move.