Home Affairs and Work and Pensions - First Report

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Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 12 December 2005.

CONTENTS

Terms of Reference

REPORT

Summary

INTRODUCTION

The Committees' inquiry

1  BACKGROUND TO THE DRAFT BILL

Why is the law being changed?
The identification principle

A new basis for liability

History of the current proposals

The Law Commission's proposals

The Government's 2000 Consultation Paper

The Government's draft Bill

Delays and timing

2  APPLICATION OF THE OFFENCE

Corporations

Schedule of government departments or other bodies

Police Forces

3  DEATH

Workers and the public

Serious injuries

Fatal damage to health

Corporate "killing"

4  CAUSATION

5  RELEVANT DUTY OF CARE

Law of negligence

Categories of relationship

Corporate groups

Contractual relationships

6  MANAGEMENT FAILURE

7  SENIOR MANAGERS

Delegation of health and safety loophole

Reintroducing the identification principle

"Senior manager" definition

Inequitable application

Reputations

Alternatives to the senior manager test

8  GROSS BREACH

"Falling far below"

Relevant factors

Health and safety legislation and guidance

Reference to senior managers

Profit from failure

9  GROSS MANAGEMENT FAILURE

10  CROWN IMMUNITY

Removal of Crown immunity

Crown immunity "by the back door"?

Exclusively public functions

Lack of clarity

Should exclusively public functions be exempt from the offence?

Deaths in prisons and police custody

Public policy decisions of public authorities

Military activities

Services "provided" by the state

The operational activities of the police and fire services

11  TERRITORIAL APPLICATION

Where harm occurs

Relationship with the rest of the UK's law

12  SANCTIONS

Unlimited fines

Remedial orders

Application to Crown bodies

Other sanctions

13  INDIVIDUAL LIABILITY FOR DIRECTORS

Directors' duties

14  INVESTIGATION AND PROSECUTION

Who should investigate and prosecute the offence?

Investigatory powers

Consent to prosecute

15  COST

CONCLUSIONS AND RECOMMENDATIONS

ANNEX 1 - Table showing development of current policy

FORMAL MINUTES

LIST OF WITNESSES

LIST OF WRITTEN EVIDENCE

LIST OF WRITTEN EVIDENCE




MINUTES OF EVIDENCE - VOLUME III (HC 540-III)

Monday 24 October 2005
Monday 31 October 2005
Monday 7 November 2005
Thursday 10 November 2005
Monday 14 November 2005
Monday 21 November 2005

WRITTEN EVIDENCE - VOLUME II (HC 540-II)

ADDITIONAL WRITTEN EVIDENCE - VOLUME III (HC 540-III)

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Prepared 20 December 2005