Select Committee on Home Affairs and Work and Pensions First Report


FORMAL MINUTES

HOME AFFAIRS AND WORK AND PENSIONS DRAFT CORPORATE MANSLAUGHTER BILL SUB-COMMITTEES

Monday 12 December 2005

The Draft Corporate Manslaughter Bill Sub-committee of the Home Affairs Committee and the Draft Corporate Manslaughter Bill Sub-committee of the Work and Pensions Committee met concurrently, in accordance with the provisions of Standing Order No. 137A (Select committees: power to work with other committees).

Members present:


Home Affairs Draft
Corporate Manslaughter Bill
Sub-Committee
  
Mr James Clappison
Mrs Ann Cryer
Mrs Janet Dean
Gwyn Prosser
Work and Pensions Draft
Corporate Manslaughter Bill
Sub-Committee
  
Harry Cohen
Mr Philip Dunne
Mrs Natascha Engel
Justine Greening
Mr Terry Rooney


Mr Terry Rooney was called to the Chair, in accordance with the provisions of Standing Order No. 137A (1)(d) (Select committees: power to work with other committees).

Report text

The Sub-committees considered this matter, in accordance with the provisions of Standing Order No. 137A(1)(b).

Mr John Denham took the Chair.

Report text

The Sub-committees continued to consider this matter.

WORK AND PENSIONS DRAFT CORPORATE MANSLAUGHTER BILL SUB-COMMITTEE

The Home Affairs Draft Corporate Manslaughter Bill Sub-committee withdrew.

Mr Terry Rooney, in the Chair.


Harry Cohen
Mr Philip Dunne

Mrs Natascha Engel Justine Greening



Consideration of report by Work and Pensions Draft Corporate Manslaughter Bill Sub-committee

Draft Report [Draft Corporate Manslaughter Bill], proposed by the Chairman, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 307 read and agreed to.

Paragraphs 308 to 314 read.

Amendment proposed, to leave out paragraphs 308 to 314 and insert the following new paragraph:

'We do not believe it would be fair to punish individuals in a company where their actions have not contributed to the offence of corporate manslaughter and we therefore reject the argument that individuals in a convicted company should be automatically liable. We also do not believe there is a need for any form of secondary liability in the draft Bill. If the draft Bill is enacted, individuals will continue to be liable for individual gross negligent manslaughter, an offence punishable by a maximum of life imprisonment, where they are individually responsible for a death. Where they have consented or connived to or where their neglect has led to a health and safety offence they can also be individually prosecuted under sections 36 and 37 of the Health and Safety at Work etc. Act 1974, an offence punishable with a fine and that can lead to disqualification. We believe it would be inappropriate and unfair to introduce an additional form of liability. Such a route would also have the unfortunate effect of discouraging individuals from taking up posts directly managing risk or in high-risk industries. We therefore agree with the approach the Government has taken on this issue.'

-(Mr Philip Dunne)

Question put, That the Amendment be made.

The Committee divided.


Ayes, 2
  
Mr Philip Dunne
Justine Greening
Noes, 2
  
Harry Cohen
Mrs Natascha Engel



Whereupon the Chairman declared himself with the Noes.

Paragraphs 308 to 314 agreed to.

Paragraphs 315 to 352 read and agreed to.

Annex agreed to.

Resolved, That the Report be the First Report of the Sub-Committee to the Committee.

Ordered, That the Chairman do make the Report to the Committee.

Ordered, That the Appendices to the Minutes of Evidence taken before the Sub-committees, be reported to the Committee.

[The Sub-committee adjourned.


HOME AFFAIRS DRAFT CORPORATE MANSLAUGHTER BILL SUB-COMMITTEE

The Work and Pensions Draft Corporate Manslaughter Bill Sub-committee withdrew.

Mr John Denham, in the Chair


Mr James Clappison
Mrs Janet Dean
Gwyn Prosser


Consideration of Report by Home Affairs Draft Corporate Manslaughter Bill Sub-committee

Draft Report [Draft Corporate Manslaughter Bill], proposed by the Chairman, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 307 read and agreed to.

Paragraphs 308 to 314 read.

Amendment proposed, to leave out paragraphs 308 to 314 and insert the following new paragraph:

'We do not believe it would be fair to punish individuals in a company where their actions have not contributed to the offence of corporate manslaughter and we therefore reject the argument that individuals in a convicted company should be automatically liable. We also do not believe there is a need for any form of secondary liability in the draft Bill. If the draft Bill is enacted, individuals will continue to be liable for individual gross negligent manslaughter, an offence punishable by a maximum of life imprisonment, where they are individually responsible for a death. Where they have consented or connived to or where their neglect has led to a health and safety offence they can also be individually prosecuted under sections 36 and 37 of the Health and Safety at Work etc. Act 1974, an offence punishable with a fine and that can lead to disqualification. We believe it would be inappropriate and unfair to introduce an additional form of liability. Such a route would also have the unfortunate effect of discouraging individuals from taking up posts directly managing risk or in high-risk industries. We therefore agree with the approach the Government has taken on this issue.'

-(Mr James Clappison)

Question put, That the Amendment be made.

The Committee divided.


Ayes, 1
  
Mr James Clappison
Noes, 2
  
Mrs Janet Dean
Gwyn Prosser



Paragraphs 308 to 314 agreed to.

Paragraphs 315 to 352 read and agreed to.

Annex agreed to.

Resolved, That the Report be the First Report of the Sub-Committee to the Committee

Ordered, That the Chairman do make the Report to the Committee.

Ordered, That the Appendices to the Minutes of Evidence taken before the Sub-committees, be reported to the Committee.

[The Sub-committee adjourned.





FURTHER PROCEEDINGS OF THE HOME AFFAIRS AND WORK AND PENSIONS COMMITTEES RELATING TO THE REPORT

The Home Affairs and Work and Pensions Committees met concurrently, in accordance with the provisions of Standing Order No. 137A (Select committees: power to work with other committees).

Members present:


Home Affairs Committee
  
  
Mr James Clappison
Mrs Janet Dean
Mr John Denham
Gwyn Prosser
Work and Pensions Committee
  
Harry Cohen
Mr Philip Dunne
Mrs Natascha Engel
Justine Greening
Mr Terry Rooney



Mr John Denham was called to the Chair, in accordance with the provisions of Standing Order No. 137A (1)(d) (Select committees: power to work with other committees).

Consideration of report by concurrent committees

Draft report from Draft Corporate Manslaughter Bill Sub-committees [Draft Corporate Manslaughter Bill] brought up and read.

Ordered, That the Chairman's draft report be considered concurrently, in accordance with the provisions of Standing Order No. 137A (1)(c).

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 352 read and agreed to.

Annex agreed to.

WORK AND PENSIONS COMMITTEE

The Home Affairs Committee withdrew.

Mr Terry Rooney, in the Chair


Harry Cohen
Mr Philip Dunne

Mrs Natascha Engel
Justine Greening



Consideration of report by Work and Pensions Committee

Resolved, That the Report [Draft Corporate Manslaughter Bill] be the First Report of the Committee to the House.

Ordered, That the Chairman do make the Report to the House.

Ordered, That the Appendices to the Minutes of Evidence taken before the Sub-committees be reported to the House.

Ordered, That the Report be published as a joint report, in accordance with the provisions of Standing Order No. 137A (2)

Ordered, That embargoed copies of the Report be made available, in accordance with the provisions of Standing Order No. 134.

[Adjourned till Wednesday 14 December at a quarter-past Nine o'clock.


HOME AFFAIRS COMMITTEE

The Work and Pensions Committee withdrew.

Mr John Denham, in the Chair


Mr James Clappison
Mrs Janet Dean
Gwyn Prosser



Consideration of report by Home Affairs Committee

Resolved, That the Report [Draft Corporate Manslaughter Bill] be the First Report of the Committee to the House.

Ordered, That the Chairman do make the Report to the House.

Ordered, That the Appendices to the Minutes of Evidence taken before the Sub-committee be reported to the House.

Ordered, That the Report be published as a joint report, in accordance with the provisions of Standing Order No. 137A (2)

Ordered, That embargoed copies of the Report be made available, in accordance with the provisions of Standing Order No. 134.

[Adjourned till tomorrow at Ten o'clock.


RELEVANT PARTS OF MINUTES OF PROCEEDINGS OF DRAFT CORPORATE MANSLAUGHTER BILL SUB-COMMITTEES RELATING TO DECLARATIONS OF INTEREST

MONDAY 24 OCTOBER

Mr Philip Dunne declared a pecuniary interest during the evidence session as the holder of directorships.[483]

THURSDAY 10 NOVEMBER

Harry Cohen declared a non-pecuniary interest as a member of the Union of Construction Allied Trades and Technicians Parliamentary Panel.



483   Mr Philip Dunne declared the following directorships to the Work and Pensions Committee on 19 July 2005: Baronsmead VCT - 4 - PLC, Non Executive Director, Venture Capital Trust and Ottakar's plc, Non Executive Director and Chairman, Retail Bookseller; remunerated employment - Gatley Farms, partner, farming partnership and Ruffer LLP, designated Member and Non Executive Representative on its Management Board, Investment Managers Back


 
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Prepared 20 December 2005