Basically, since we are considering a corporate offence, imprisonment will not be an option because individuals will not answer on behalf of any company or corporate organisation except in a legal capacity. Fines will be unlimited and one would expect substantial fines for the sort of offence that we are considering. Of course, high fines have already been imposed in serious cases. For example, in the Balfour Beatty case, the fine was more than £7 million. Railtrack was fined £3.5 million in the Hatfield case. I believe that Transco was fined approximately £15 million for health and safety breaches. When we can bring such cases under existing law, that shows the seriousness with which the courts take them. However, the unlimited nature of the fines and their ability to be imposed without the need to prove individual liability, but taking into account systemic failures in the company or corporate organisation as a whole, is a sufficient combination to act as a deterrent to anyone who would conduct themselves in a fashion that would put people at risk.
Corporate Manslaughter and Corporate Homicide Bill
Proceeding contribution from
Lord Reid of Cardowan
(Labour)
in the House of Commons on Tuesday, 10 October 2006.
It occurred during Debate on bills on Corporate Manslaughter and Corporate Homicide Bill.
About this proceeding contribution
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450 c194 Session
2005-06Chamber / Committee
House of Commons chamberSubjects
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