A Conference on ‘Corporate Killing’ London 29th April 2004 Presented by: Patricia Peter Corporate Governance Executive Institute of Directors (IoD) Different Perspectives on Proposals: A positive Perspective?

A Conference on ‘Corporate Killing’ London 29th April 2004 Thanks for the question mark u The time-frame u The uncertainty u Elements we may not welcome

A Conference on ‘Corporate Killing’ London 29th April 2004 “We fully accept the need for tightening the law on this issue. “It is not in business’s interest to be seen to behave recklessly, and to be getting away with it. “We are happy to support these [Home Office] proposals [of 2000] which are a step in the right direction.” IoD 2000

A Conference on ‘Corporate Killing’ London 29th April 2004 Why a general positive perspective? u A level playing field for companies of all sizes

A Conference on ‘Corporate Killing’ London 29th April 2004 “The current law requires the identification of a ‘controlling mind’. In large companies in particular, trying to pin down a nominated individual is too difficult.” IoD Press Release, November 2003

A Conference on ‘Corporate Killing’ London 29th April 2004 What in the proposed legislation would reinforce that perspective - and what would damage it? u Concentrate on the corporate u The potential defendants u Crown immunity u Enforcement and jurisdiction u Penalties