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Corporate Manslaughter and Corporate Homicide Bill

I beg to move, That this House agrees with the Lords in the said amendment. In similar vein to the amendments on unincorporated bodies and publicity orders, the Government introduced the amendment in the other place in response to concerns raised in the House. On Report, a question was put as to whether the new offence might have the perverse effect of decreasing individual convictions on a secondary basis for health and safety offences if a successful prosecution for corporate manslaughter meant that health and safety charges could not be put to a jury. That would be an unintended consequence of the new offence. After reflection, we decided that there was merit in making the position clear on the face of the Bill by expressly stating that a conviction for corporate manslaughter would not preclude an organisation’s being convicted for a health and safety offence on the same facts if it was in the interests of justice. As a result, it is clear that, in appropriate circumstances, proceedings can also be taken against individuals on a secondary basis for health and safety offences, notwithstanding a successful corporate manslaughter prosecution. The provision does not impose new liabilities on individuals, but makes sure that existing liabilities are not inadvertently reduced by the new offence. With that explanation, I hope that the House will support the amendment.