House of Commons - Amendments
Corporate Manslaughter and Corporate Homicide Bill - continued          House of Commons

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Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

73

* Page 15, line 3, leave out Schedule 2.


Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

71

* Page 12, line 4, leave out Clause 22.


Ian Stewart
Tony Lloyd
Mr Jim McGovern

80

* Clause 23, page 12, line 39, at end insert—

      ‘(4A) Section 1 also applies if the harm resulting in the death took place outside the United Kingdom, but the conduct set out in section 1(1) of this Act took place within the United Kingdom.’.

Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

72

* Page 12, line 15, leave out Clause 23.


Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

75

* Clause 24, page 13, line 2, leave out ‘Manslaughter’ and insert ‘Killing’.


new clauseS

Proceedings against unincorporated associations or bodies other than Crown bodies

Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

NC1

    * To move the following Clause:—

      ‘(1) Proceedings for an offence under section 1 above, alleged to have been committed by any unincorporated association or body, other than a Crown body, shall be brought in the name of that association or body (and not in that of any individual member or other person) and for the purposes of such proceedings any rules of court relating to the service of documents apply as if that association or body were a corporation.

      (2) A fine imposed on an unincorporated association or body on its conviction of such an offence shall be paid out of the funds of that body.

      (3) In a case in which an unincorporated association or body is charged with such an offence, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates Court Act 1980 (c. 43) (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.’.


Amendment of Health and Safety at Work etc. Act 1974

Mr Dominic Grieve

NC2

    * To move the following Clause:—

      ‘(1) The Health and Safety at Work etc. Act 1974 (c.37) is amended as follows.

      (2) After section 33 insert—

    33A Offences committed by corporate body etc.

      (1) Any failure by—

        (a) a corporate body,

        (b) an unincorporated body,

        (c) a department or other body listed in Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2006 (c. ), or

        (d) a police force,

      to discharge a duty to which it is subject by virtue of sections 2 and 3 of this Act whereby a person’s death is caused shall be an offence.

      (2) The offence under this section is called—

        (a) corporate killing, insofar as it is an offence under the law of England and Wales or Northern Ireland;

        (b) corporate homicide, insofar as it is an offence under the law of Scotland.

      (3) A body corporate or unincorporate that is guilty of corporate killing or corporate homicide is liable on conviction on indictment to a fine.

      (4) The offence of corporate homicide is indictable only in the High Court of Justiciary.

      (5) The offence of corporate killing is triable only on indictment.”.’.


Offence of causing death which was preventable by better corporate organisation or management

Ian Stewart
Tony Lloyd
Mr Jim McGovern

NC3

    * To move the following Clause:—

      ‘(1) Any senior manager of an organisation who undertakes, or has the authority, to direct how another person works or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.

      (2) A person commits an offence who, being under a legal duty within the meaning of subsection (1), by an act or omission, does any thing that results in the death of a human being.

      (3) Every one who commits an offence under subsection (2)—

        (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

        (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding six months.

      (4) For the purposes of this section a person is a “senior manager” of an organisation if he plays a significant role in the making of decisions about how the activities of the organisation are managed or organised.’.


Disqualification of directors

Ian Stewart
Tony Lloyd
Mr Jim McGovern

NC4

    * To move the following Clause:—

      ‘Any director or directors who could be shown to have had some influence on, or responsibility for, the circumstances in which a management failure falling far below what could reasonably be expected was a cause of a person’s death, shall be subject to disqualification from acting as a director in any undertaking carrying on a business or activity in Great Britain.’.


Individual liability

Ian Stewart
Tony Lloyd
Mr Jim McGovern

NC5

    * To move the following Clause:—

      ‘(1) An individual can be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter.

      (2) An individual can be guilty of aiding, abetting, counselling or procuring, or being art and part in the commission of an offence of corporate homicide.

      (3) An individual guilty of an offence under sections 17(1) or (2) shall be liable on conviction on indictment to a fine or a term of imprisonment of up to 14 years.’.


Proceedings against unincorporated bodies other than Crown bodies

Mr Edward Davey
Jo Swinson

NC6

    * To move the following Clause:—

      ‘(1) Proceedings for an offence under section 1 above, alleged to have been committed by any unincorporated body other than a crown body, shall be brought in the name of that body (and not in that of any individual member or other person) and for the purposes of such proceedings any rules of court relating to the service of documents apply as if that body were a corporation.

      (2) A fine imposed on an unincorporated body on its conviction of such an offence shall be paid out of the funds of that body.

      (3) In a case in which an unincorporated body is charged with such an offence, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates Court Act 1980 (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.’.


Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

49

* Title, line 1, at beginning insert ‘To amend the Health and Safety at Work etc. Act 1974 and’.

Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

74

* Title, line 2, leave out ‘manslaughter’ and insert ‘killing’.

Ian Stewart
Tony Lloyd
Mr Jim McGovern

76

* Title, line 3, after ‘homicide;’, insert ‘to make provision for orders to encourage remedial action; to create an offence of causing death which was preventable by better corporate organisation or management;’.

Ian Stewart
Tony Lloyd
Mr Jim McGovern

79

* Title, line 3, leave out ‘that offence’ and insert ‘those offences’.


ORDER OF THE HOUSE [10TH OCTOBER 2006]

       That the following provisions shall apply to the Corporate Manslaughter and Corporate Homicide Bill:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 31st October 2006.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of any messages from the Lords) may be programmed.


 
 
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Prepared: 18 October 2006