moved Amendment No. 80:
80: Clause 9 , page 8, line 10, leave out ““(““the relevant breach””)””
The noble Lord said: The amendments in this group are probing in nature. I want to give the Government an opportunity to explain the amendments that they moved in the other place, because there was no such opportunity on Report there.
Both Amendments Nos. 80 and 81 would delete ““the relevant breach””. Amendment No. 81 would insert ““that””, the word that appeared previously. Amendment No. 82 addresses paragraph (c) of subsection (1) of the clause. I was interested to note the inclusion of that small paragraph, which puts a duty on the courts to consider how, "““any deficiency, as regards health and safety matters””"
may be remedied. I assume that that ought to be read in conjunction with proposed new subsection (3), contained in Amendment No. 83.
I am grateful that the Government have amended the clause in this way. I note that these amendments were tabled in response to my honourable friend Dominic Grieve, who raised a series of points in the other place.
Remedial orders are all very well and good but there is no structure within the Bill to ensure that they are carried out. What is more, previously there was no direct link to regulators, who have far more experience than the courts in the precise health and safety requirements that a remedy order would require.
The Minister in another place said that he was, "““confident that, as well as being involved in the drawing up of remedial orders, regulators will be fully engaged in monitoring compliance with such orders, without the Bill making specific provision in that respect””.—[Official Report, Commons Standing Committee B, 26/10/06; col. 178.]"
I am glad that the Government agreed to reverse that position. It is important that there is a strong link between regulators and the courts during the entire process of a corporate manslaughter prosecution. They are the bodies which will be able to contribute most to the dissection of any corporation's health and safety practices. I beg to move.
Corporate Manslaughter and Corporate Homicide Bill
Proceeding contribution from
Lord Hunt of Wirral
(Conservative)
in the House of Lords on Thursday, 18 January 2007.
It occurred during Debate on bills
and
Committee proceeding on Corporate Manslaughter and Corporate Homicide Bill.
About this proceeding contribution
Reference
688 c281-2GC Session
2006-07Chamber / Committee
House of Lords Grand CommitteeSubjects
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