UK Parliament / Open data

Corporate Manslaughter and Corporate Homicide Bill

My hon. Friend is right. Our fourth concern is with how the Bill is constructed, particularly with respect to the duty of care that corporations and organisations have to bestow on the victim before they can be accused of an offence. We believe that that unduly limits the new offence and that focusing on the civil law definition of duty of care rather than the law of negligence and criminal law amounts to a restriction. For example, one could imagine an organisation, especially if it is a public body, having a statutory duty under health and safety legislation, but no duty of care. Once again, that illustrates a problem with the approach. Surely every organisation owes a public duty not to kill a person by its gross negligence. It is a simple as that. Linking the issue only to duty of care tests under civil law does not go far enough.

About this proceeding contribution

Reference

450 c226 

Session

2005-06

Chamber / Committee

House of Commons chamber
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