I was anticipating that the noble Baroness would argue that it would be more appropriate for the court that considered the original case, with its knowledge of that case, to consider the response to the remedial order. Obviously, I cannot speak for the noble Baroness, who will have to make that point herself.
The relevant enforcing body would have a stronger interest in ensuring that safe practices are adopted in a convicted organisation, which is especially true if that body has been involved in setting the terms of the order as the provision now requires. I am therefore confident that, as well as being involved in drawing up remedial orders, regulators will want to be, and will be, fully engaged in monitoring compliance with them.
The noble Lord, Lord Wedderburn, raised the issue of delegation and his correspondence with us. I can confirm that we have received the letter and are giving it active consideration. We believe that some delegation in respect of the safe management of operations is sensible. That must go hand-in-hand with monitoring and supervision. Given the wide range of circumstances, the Bill cannot seek to prescribe to which it will apply. We believe the Bill will act as a safeguard against an abdication of responsibility. We will of course consider the letter very carefully because it raises important points, as I am sure noble Lords will appreciate, so we will have to reflect on it. I hope that, having heard what I have had to say, the noble Baroness, while perhaps not entirely happy with the Government’s response, will feel able to withdraw her amendment. We will see what progress we can make on this issue because we recognise its importance.
Corporate Manslaughter and Corporate Homicide Bill
Proceeding contribution from
Lord Bassam of Brighton
(Labour)
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 c288GC Session
2006-07Chamber / Committee
House of Lords Grand CommitteeSubjects
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