Clause 2 — Meaning of "relevant duty of care"
Orders of the Day
Dominic Grieve (Shadow Attorney General & Shadow Spokesman On Community Cohesion, Law Officers (Assist the Home Affairs Team); Beaconsfield, Conservative)
I find those distinctions untenable. A corporate body that builds and tests aircraft, often at the limits of technology, is working in a difficult environment that may be threatening to an employee flying the aircraft. The company faces the possibility of being charged with corporate manslaughter if it is grossly negligent in the way in which it handles the issue. However, the Prison Service, another challenging environment, is to be entirely exempt. All that is being asked is that, subject to the difficulties it faces in its challenging environment, it should stand up and justify its decisions and, if it is grossly negligent, it should face the consequences. Anyone listening to this debate will be left with the unpleasant sensation that the Government are prepared to criminalise others, but when it comes to the essential services that they have to provide, albeit in challenging and difficult circumstances, they wish to provide special protection. That must be a very bad way to proceed with criminal justice policy.