Corporate Manslaughter and Corporate Homicide Bill

With this it will be convenient to discuss the following: New clause 2—Individual officers’ liability: penalties— ‘An officer of an organisation who is guilty of corporate manslaughter or corporate homicide under section [Individual officers’ liability] is liable on conviction to a term of imprisonment or a fine.’. New clause 4— Members of senior management liable to disqualification as company directors— ‘Where an offence under section 1 committed by an organisation to which that section applies is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any member of the senior management of the organisation who is a director of a company, section 2(1) of the Company Directors Disqualification Act 1986 (c. 46) (disqualification on conviction of indictable offence) shall apply to him as if he had been convicted of an offence falling within that subsection.’. New clause 6— Offence by senior manager— ‘(1) A senior manager of an organisation is guilty of an offence if by his acts or omissions which amounted to a gross breach of his duty he could have prevented an offence under section 1. (2) For the purposes of this section a person is a ““senior manager”” of an organisation if he plays a significant role in the making of decisions about how the activities of the organisation are managed or organised and includes the chairman, managing director, chief executive, secretary or other director of the organisation. (3) A person guilty of an offence under subsection (1) is liable on conviction on indictment to— (a) imprisonment for a term not exceeding 6 months, or (b) a fine not exceeding the statutory maximum, or to both.’. New clause 7— Aiding and abetting— ‘Any company director or senior manager who is found to have aided, abetted, counselled or procured the commission of an offence of corporate manslaughter or corporate homicide shall be liable to imprisonment for a period not exceeding seven years.’. Amendment No. 40, in page 11, line 19, leave out clause 16. Amendment No. 7, in line 20, leave out ‘cannot’ and insert ‘can’. Amendment No. 8, in line 22 leave out ‘cannot’ and insert ‘can’.