Proceeding contribution from Lord Clinton-Davis (Labour) in the House of Lords on Wednesday, 28 February 2007. It occurred during Debate on bill on Corporate Manslaughter and Corporate Homicide Bill.
Corporate Manslaughter and Corporate Homicide Bill
My Lords, I support this amendment, provided that my noble friend asserts that the wording is incorrect but the spirit is fine. I want to help my noble friend to arrive at the correct result because responsibility in law for corporate manslaughter and homicide is overdue. It behoves the noble Baroness to spell out where individual responsibility lies. As far as I know—and I may be wrong—individuals would be held liable in the circumstances spelled out in this amendment. A member of senior management—which is defined—who has, "““connived, conspired or colluded in the commission of an offence of corporate manslaughter or corporate homicide””," should be liable if he has so behaved. I cannot see any reason why, when there has been such an open breach of the law, a person should not be held liable. I invite my noble friend to define whether it is possible to prosecute such people under the present law? It is extraordinarily difficult to prosecute successfully and to hold individuals to account for very serious defaults, but it is not impossible to do so. On the question of evidence, it may be very difficult to come to this conclusion. But when penalties are envisaged in the circumstances that are spelt out here, it is inevitable that senior management will be held liable for their defaults. Should not corporate manslaughter and corporate homicide be elevated in the criminal lexicon? If not, why not?
Secondary information
- Type
- Proceeding contribution
- Reference
- 689 c1604-5
- Session
- 2006-07
- Chamber / Committee
- House of Lords chamber
- Subjects
- Death Companies Directors Corporate manslaughter Liability Health and safety Prosecutions Management Staff
- Legislation
- Corporate Manslaughter and Corporate Homicide Bill 2005-06 to 2006-07
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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- 2023-12-15 11:31:47 +0000
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