House of Commons

Session 2005-06 Publications on the internet Home Affairs Committee Publications Work and Pensions Committee Publications

Home Affairs and Work and Pensions - First Report 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)

© Parliamentary copyright 2005	Prepared 20 December 2005