Written answers

Wednesday, 31 January 2007

Department of Justice, Equality and Law Reform

Proposed Legislation

8:00 am

Gay Mitchell (Dublin South Central, Fine Gael)
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Question 365: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the introduction of a Corporate Manslaughter Bill (details supplied); and his views on whether it is appropriate to introduce such a Bill here. [2104/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I am aware of the introduction of a Corporate Manslaughter Bill in the UK in 2006. The offence was proposed in a UK Law Commission Report in 1996 and the Bill was introduced in Parliament last year.

The current law in Ireland does allow for a corporate prosecution for manslaughter, but there is considerable uncertainty as to the precise form of that liability.

In the context of an amendment relating to corporate manslaughter proposed for the Criminal Justice Bill 2004 during the debate in April 2006, I indicated that my Department would give consideration to a separate Bill on this topic.

That examination is under way and will have regard to a number of aspects raised in the Law Reform Commission Report on Corporate Killing of October 2005. Consultations are ongoing with other relevant parties, in particular the Department of Enterprise, Trade and Employment, where much of the expertise on company and corporate matters resides. Following this consultation process, it is expected that legislative proposals will be prepared to bring to Government for approval.

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