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Proceeding contribution from Gerry Sutcliffe (Labour) 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

I am grateful to hon. Members for their support. I would not minimise in any way the effect of such deaths on families, which is the motivation behind the Bill and the wider health and safety package. We have debated individual liability extensively throughout the Bill’s passage. The Government and the official Opposition agreed that individual liability was not appropriate for this Bill—[Interruption.] I understand that others took a different view. However, this takes nothing away from the many years of campaigning undertaken by my hon. Friend the Member for Hendon (Mr. Dismore). He should take great heart from the fact that he has helped to shape the Bill, even though it falls short of his requirements. He is right that we want to examine individual liability through a review of the Health and Safety at Work, etc. Act 1974. My hon. Friends the Members for Manchester, Central (Tony Lloyd) and for Eccles (Ian Stewart) are pursuing that matter with Work and Pensions Ministers. It is the case that directors may be liable. In Committee, I said that the Health and Safety Commission had examined in depth with stakeholders the idea of statutory duties for managers on health and safety management. Work is being carried out on guidance, and there are already provisions on disqualification under health and safety legislation, which is why that is appropriate route through which to deal with individual liability. The hon. Member for Beaconsfield (Mr. Grieve) is right that this is a belt-and-braces provision. The measure is designed to deal with a situation in which an individual defendant cannot be identified in a jurisdiction at the point at which corporate proceedings are brought. The spirit of our proceedings on the Lords amendments has shown how Parliament can bring things together positively, despite the notable occasion on which there was disagreement. I am grateful to hon. Members for their participation and to all the officials who have worked to try to get the Bill into its present shape. I hope that the House will support the Lords amendment. Lords amendment agreed to. Lords amendments Nos. 31 to 35 agreed to.


Secondary information

Type
Proceeding contribution
Reference
460 c707 
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