Proceeding contribution from Lord Garnier (Conservative) in the House of Commons on Wednesday, 16 May 2007. It occurred during Debate on bill on Corporate Manslaughter and Corporate Homicide Bill.
Corporate Manslaughter and Corporate Homicide Bill
Does my hon. Friend agree that the Government’s arguments stand at odds with our own experience? There have been a number of cases since 1998 where patients or patients’ families, or those supporting patients, have sued the NHS, in whichever guise it happens to be, in relation to the giving of treatment, the withdrawal of treatment or the refusal to give treatment to a particular patient. Clearly, behind those cases lies the question of Government resources—public resources—and their allocation by that particular part of the NHS. The court decides, on the basis of the evidence before it, whether this is an incursion into some part of public policy which the courts do not get involved in, or it decides, on the facts of the case before it, that it can make or withhold an order. Surely the principle is precisely the same in this case and the Minister is at odds with his own Government’s policy.
Secondary information
- Type
- Proceeding contribution
- Reference
- 460 c670-1
- Session
- 2006-07
- Chamber / Committee
- House of Commons chamber
- Subjects
- Care homes Accountability Charities Death Directors Criminal law Crown immunity Delegated legislation Corporate manslaughter Legislative process Liability Health and safety Employers' associations NHS Police Prosecutions Prisons Police custody Publicity Partnerships Psychiatric hospitals Schools Trade unions Reviews Suicide HM Prison Service Detention centres Secure training centres Academies Prisons and Probation Ombudsman Young offender institutions National School of Government
- Legislation
- Corporate Manslaughter and Corporate Homicide Bill 2005-06 to 2006-07
- Health and Safety at Work etc. Act 1974
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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