I was going to say that the Minister made a passing reference to a very important point raised by the noble Lord, Lord Wedderburn, on the first day of Committee last week, which he cast like a fly over the water but no fish bit. It was a very important...

I was going to say that the Minister made a passing reference to a very important point raised by the noble Lord, Lord Wedderburn, on the first day of Committee last week, which he cast like a fly over the water but no fish bit. It was a very important...

In our previous debate, we considered the general proposal to set out certain categories of relevant duty of care, and I explained that the intention was primarily to provide a way of establishing whether a particular set of circumstances was within the scope of the offence without detailed recourse to...

In our previous debate, we considered the general proposal to set out certain categories of relevant duty of care, and I explained that the intention was primarily to provide a way of establishing whether a particular set of circumstances was within the scope of the offence without detailed recourse to...

I think that we are getting there; the Minister will probably tell me that he is going to give us a fuller answer when we debate a later amendment. We are still trying to tease out why, if public authorities engage in all the activities that are mentioned in Clause...

I think that we are getting there; the Minister will probably tell me that he is going to give us a fuller answer when we debate a later amendment. We are still trying to tease out why, if public authorities engage in all the activities that are mentioned in Clause...

The Minister has answered the point with such clarity that I can only ask that a similar clarity be conveyed in the Bill so that all may understand it equally.

The Minister has answered the point with such clarity that I can only ask that a similar clarity be conveyed in the Bill so that all may understand it equally.

I think that the noble Lord’s request to withdraw the amendment should be accepted by the Committee.

I think that the noble Lord’s request to withdraw the amendment should be accepted by the Committee.

With regret, yes, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.

With regret, yes, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.

First, I should clarify that—treating it as an example without any particular facts or employer and simply for the purpose of this debate—one would not be looking under Clause 2(1)(b) as a duty owed as an occupier of premises, but rather under Clause 2(1)(c) or perhaps Clause 2(1)(c)(iv) relating to...

First, I should clarify that—treating it as an example without any particular facts or employer and simply for the purpose of this debate—one would not be looking under Clause 2(1)(b) as a duty owed as an occupier of premises, but rather under Clause 2(1)(c) or perhaps Clause 2(1)(c)(iv) relating to...

I am a little reluctant to intrude into what is obviously a rather personal debate. I am sure that we will return to this matter on Report, so I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 37 to 42 not moved.] Clause 3 agreed to....

I am a little reluctant to intrude into what is obviously a rather personal debate. I am sure that we will return to this matter on Report, so I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 37 to 42 not moved.] Clause 3 agreed to....

This debate is framed by the wider question of the position of public bodies under the Bill, and I wish to consider that wider context. There are, of course, important questions about the extent to which the offence does in fact extend to public authorities and the width of the...

This debate is framed by the wider question of the position of public bodies under the Bill, and I wish to consider that wider context. There are, of course, important questions about the extent to which the offence does in fact extend to public authorities and the width of the...

I am grateful to the noble Lord. What he says arises in part from the point that the noble and learned Lord, Lord Lloyd, raised in relation to occupier’s liability. I confess that I have not looked into this in detail, but I would certainly expect the Prison Service as...

I am grateful to the noble Lord. What he says arises in part from the point that the noble and learned Lord, Lord Lloyd, raised in relation to occupier’s liability. I confess that I have not looked into this in detail, but I would certainly expect the Prison Service as...

I support Amendment No. 37. I have listened carefully to the arguments on Amendment No. 36 but, like my noble friend, I have a little anxiety about making public policy decisions, particularly on resources, justiciable by the courts. On the other hand, as will be clear from my earlier speeches,...

I support Amendment No. 37. I have listened carefully to the arguments on Amendment No. 36 but, like my noble friend, I have a little anxiety about making public policy decisions, particularly on resources, justiciable by the courts. On the other hand, as will be clear from my earlier speeches,...

Does it also not follow from what has been said so interestingly by noble and learned Lords about Scottish law that Clause 17 cannot stand in its present state? If the clause applies only to English law, as I understand was the submission, because it refers to manslaughter by gross...

Does it also not follow from what has been said so interestingly by noble and learned Lords about Scottish law that Clause 17 cannot stand in its present state? If the clause applies only to English law, as I understand was the submission, because it refers to manslaughter by gross...

I regret that I do not have that figure to hand. Certainly more have been taken than have resulted in a conviction. I fully recognise the point—

I regret that I do not have that figure to hand. Certainly more have been taken than have resulted in a conviction. I fully recognise the point—

All that I have said—

All that I have said—

I am not opposing anything that the noble Lord is saying. I merely wish to understand the Explanatory Note in light of the Bill.

I am not opposing anything that the noble Lord is saying. I merely wish to understand the Explanatory Note in light of the Bill.

Why Clause 16 is in the Bill is for others to explain. I am saying that it cannot remain there if my amendment is accepted. That is why I am speaking in the same debate on whether Clause 16 shall stand part of the Bill. Mine is a minimal amendment....

Why Clause 16 is in the Bill is for others to explain. I am saying that it cannot remain there if my amendment is accepted. That is why I am speaking in the same debate on whether Clause 16 shall stand part of the Bill. Mine is a minimal amendment....

I completely agree. Some years ago, I was one of the senior Whips, and I know that the most effective way to change a Government’s mind is for their own Back-Benchers and Members to argue the case. When I was a Minister, I hope that I was always available to...

I completely agree. Some years ago, I was one of the senior Whips, and I know that the most effective way to change a Government’s mind is for their own Back-Benchers and Members to argue the case. When I was a Minister, I hope that I was always available to...

moved Amendment No. 34: 34: After Clause 2, insert the following new Clause— ““Offence by senior manager (1) A senior manager of an organisation is guilty of an offence if by his acts or omissions which amount to a gross breach of his duty he contributes to a breach under...

moved Amendment No. 34: 34: After Clause 2, insert the following new Clause— ““Offence by senior manager (1) A senior manager of an organisation is guilty of an offence if by his acts or omissions which amount to a gross breach of his duty he contributes to a breach under...

Does the noble Lord agree—I am sure that he does—that the Joint Committee specifically recommended exactly what he has said?

Does the noble Lord agree—I am sure that he does—that the Joint Committee specifically recommended exactly what he has said?

Would it not be right, following a debate that has not been party political at all, for the Minister to say that he will cogitate profoundly on everything that has been said? It would not bind the Minister at all but, if he did so, the whole Committee would be...

Would it not be right, following a debate that has not been party political at all, for the Minister to say that he will cogitate profoundly on everything that has been said? It would not bind the Minister at all but, if he did so, the whole Committee would be...