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Corporate Manslaughter and Corporate Homicide Bill 2005-06 to 2006-07

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Corporate Manslaughter and Corporate Homicide Bill 2005-06 to 2006-07 (98)

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I am grateful to the noble Lord for that explanation. I have followed what he has said and I am more or less happy with what has been done. I have only one question to put to him before I consider how to proceed with my amendment, perhaps at a...

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c243GC
House
House of Lords

moved Amendment No. 51: 51: Clause 5 , page 4, line 43, leave out subsection (2) The noble Lord said: This is one of a number of amendments designed to probe the Government’s reasoning for some of the amendments that they tabled on Report and at Third Reading in another...

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c242GC
House
House of Lords

I was only 15 at the time. I think that neither the noble Lord nor I was there, but whether the noble Lord was there in spirit is another matter. As I said, I will look very carefully indeed at what the noble Lord had to say and consider how...

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c239-40GC
House
House of Lords

I would have beenabout 14.

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c239GC
House
House of Lords

I am very grateful to all those who have taken part in the debate. I agree in essence with the point that the noble Lord, Lord Dear, has just made: this is in a sense a re-run of earlier debates. Nevertheless, it is important for me to recite the Government’s...

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c237-9GC
House
House of Lords

This exemption, as I understand it—perhaps the Minister will confirm this—applies where law enforcement operations are, "““dealing with terrorism, civil unrest or serious public disorder””," and not otherwise, so ordinary policing operations are not caught by it. I have a worry about this. Five years ago, we did not anticipate...

Member
Lord Boyd of Duncansby (Labour)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c237GC
House
House of Lords

I declare an interest as a serving police officer for more than 30 years; indeed, I served in the significant tactical front-line and strategic ranks in incidents of severe public disorder. Everything that was adduced to support the previous clause can equally be adduced to support this one. I was...

Member
Lord Dear (Crossbench)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c237GC
House
House of Lords

I have spoken at some length on the question of exempting the military in certain circumstances. The amendment recognises the case for exemption but proposes to narrow it in key respects. Many of the general points that I have made about exempting the military are equally applicable in this context....

Member
Lord Davidson of Glen Clova (Labour)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c233-5GC
House
House of Lords

moved Amendment No. 46: 46: Clause 5, page 4, line 34, leave out subsection (1) and insert— ““(1) Subject to subsection (5), subsection (3) shall apply where— (a) it is established that a public authority owed a relevant duty of care to a person, (b) the duty of care was...

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c235GC
House
House of Lords

moved Amendment No. 45: 45: Clause 4 , page 4, line 32, at end insert— ““(5) This section shall not apply where the relevant duty of care in respect of which the Ministry of Defence was in breach was a duty to provide adequate equipment or training, or was a...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c231GC
House
House of Lords

In 1940 very many would-be pilots never actually made it to the Battle of Britain because, sadly, they died in training before they got there. Those who made it had a life expectancy measured in weeks; certainly, their training was inadequate. I hope that the operations on which United Kingdom...

Member
Lord Boyd of Duncansby (Labour)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c232GC
House
House of Lords

This amendment could help the senior military officers who ultimately have to advise the Government whether the Army or Royal Air Force is ready to go on a mission. The noble and learned Lord the former Lord Advocate raised the issue of home defence. I see home defence and the...

Member
Earl of Mar and Kellie (Liberal Democrat)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c233GC
House
House of Lords

I am sorry that the noble Lord cannot offer me much more succour on this amendment. My point was that there already is an agreement, bound by statute and signed up to in 2000, between the Association of Chief Police Officers (ACPO), the Health and Safety Executive and the noble...

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c242GC
House
House of Lords

The noble Viscount makes a very fair point. I accept that the word ““dedicated”” is probably not the correct term, and I would prefer ““nominated””. So far as whether it should be a main board director, I think it should certainly be a senior director, whether on the main board...

Member
Lord Lee of Trafford (Liberal Democrat)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c279-80GC
House
House of Lords

Does the Minister agree that if the message from this Bill were to be that every organisation must appoint one of its directors or senior personnel as a dedicated health and safety director, and every organisation in fact were to follow that lead, it really would be a tremendous achievement?...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c278GC
House
House of Lords

I apologise for two out of three. I have been critical of the guidelines for juries since we first came to this debate on the grounds that they breach one of the cardinal principles laid down by the great historian Burckhardt, that it is necessary for anyone in possession of...

Member
Lord James of Blackheath (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c271-2GC
House
House of Lords

moved Amendment No. 79: 79: Clause 8 , page 7, line 34, at end insert— ““( ) have regard to whether the organisation had appointed one of its directors as a dedicated health and safety director.”” The noble Lord said: In view of the comments made by the noble Lord,...

Member
Lord Lee of Trafford (Liberal Democrat)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c274GC
House
House of Lords

I apologise.

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c275GC
House
House of Lords

Of course the amendments bear further reflection; they always do. We try to make sure that is the case. The best I can say to the noble Lord, Lord James, is this. We must bear in mind that each case will have to be judged on its individual merits. You...

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c277-8GC
House
House of Lords

I would ask the Minister to go on reflecting on this. I note his comment that the health and safety guidance suggests that you do appoint a director, and it might be worthwhile to highlight that in the Bill. The real question about the amendment proposed by my noble friend...

Member
Lord Lyell of Markyate (Conservative)
Type
Proceeding contributions
Date
17 January 2007
Reference
688 c277GC
House
House of Lords