Corporate Manslaughter and Corporate Homicide Bill

I deliberately dealt with that issue in that way for precisely the reasons raised by the right hon. and learned Gentleman. Ultimately, such questions would be for the jury and the good sense of the prosecution. I realise that the wording might not be as precise as the formulation in, for example, section 37 of the 1974 Act—indeed, such an option will be put before the House in other amendments—but the degree of contribution, although not particularly high, should be sufficient. My objective is to produce an offence whereby the director stands in the dock alongside the vacant chair that represents the company. Amendments Nos. 7 and 8 deal with the problem in clause 16 by reversing it, so that individuals can be guilty of aiding, abetting, counselling or procuring the corporate offence. That provides an alternative formulation within the corporate nature of the offence, as opposed to the individual liability to which I have referred. New clause 2 provides for the penalty for a director on conviction to be either a fine or imprisonment. That clear deterrent is needed to concentrate the mind of the senior managers on their obligations not just to run their companies within the requirements of the companies Acts to ensure financial probity, but to ensure that they are run safely too. I understand from discussions that the Government might be considering an amendment to the 1974 Act to create a new statutory duty on directors to take reasonable steps to comply with health and safety requirements—I await the Minister’s views on that with interest—but I wonder whether that would add anything to section 37, which already provides for an offence by a director if the company is convicted. However the 1974 Act is amended, it would be a poor substitute for creating a clear offence of corporate manslaughter for which a director could be held liable, as I propose in new clause 1.