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Corporate Manslaughter and Corporate Homicide Bill

My Lords, I say to both my noble friends how much I appreciate the succinct way in which they have spoken to the amendment. It therefore causes me considerable chagrin to disappoint them, not least because they have been stalwart in their support for the Bill and resolute in trying to make it as fine an instrument as possible to deal with what has been the most terrible gap in our law in relation to corporate liability. I want to make it clear therefore that we have looked with the greatest care, first, at the anxiety that they have and, secondly, at the drafting of the Bill to see whether there is an ambiguity which would remain, with the mischief that they seek to address having not been dealt with. I assure them that we have looked very carefully at this issue. We believe that the current drafting means that their concern is not merited. I am happy therefore to give the fullest possible endorsement to the reassurance given by my noble friend Lord Bassam when he ably dealt with the earlier part of the Bill’s passage in relation to this issue. He said: "““Inappropriate delegation of health and safety responsibilities will not be a legitimate defence to a charge of gross negligence. The courts will be able to consider how the activity was managed at senior level, and if the answer is that those at senior level failed to manage health and safety appropriately in respect of the activity, that will be potent evidence of failures at that level””.—[Official Report, 11/1/07; col. GC 135.]" That is absolutely correct. I am happy therefore to set out that we do not believe that either of my noble friends need be concerned. I do not wish to speak at length, but simply to say that neither by acts of omission or commission will senior management be able to avoid their responsibility. I know that that is exercising my noble friends. Although I will have disappointed them, I hope that I have given them an assurance that we believe that the drafting of the Bill meets the mischief that they fear.