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
| 
