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Thursday 19th October 2006 Standing Committee B Corporate Manslaughter and Corporate Homicide Bill Note The Amendments have been arranged in accordance with the Resolution of the Programing Sub-Committee [16th October 2006]. RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 16th October (Standing Order No.83C): That— (1) during proceedings on the Corporate Manslaughter and Corporate Homicide Bill, the Standing Committee shall (in addition to its first meeting at 9.00 a.m. on Thursday 19th October) meet— (a) at 2.00 p.m. on Thursday 19th October; (b) at 10.30 a.m. and 4.00 p.m. on Tuesday 24th October; (c) at 9.00 a.m. and 2.00 p.m. on Thursday 26th October; (d) at 10.30 a.m. and 4.00 p.m. on Tuesday 31st October; (2) the proceedings shall be taken in the following order: Clause 1; Schedule 1; Clauses 2 to 21; Schedule 2; Clauses 22 to 24; new Clauses; new Schedules; remaining proceedings on the Bill; (3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 31st October. Mr Gerry Sutcliffe has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C]. Ian Stewart
88 Clause 1, page 1, line 2, at end insert ‘of corporate manslaughter and corporate homicide’. Ian Stewart
87 Clause 1, page 1, line 3, leave out subsection (1) and insert— ‘(1) An organisation to which this section applies is guilty of an offence if— (a) the way in which any of its activities are managed or organised— (i) causes a person’s death, (ii) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased, and (b) the gross breach could have been prevented had all reasonable precautions been taken and all due diligence been exercised by all those at a senior manager level within the organisation.’. Mr Dominic Grieve
34 Clause 1, page 1, line 3, leave out from ‘if’ to end of line 5 and insert ‘a management failure by the organisation’. Mr Gerry Sutcliffe 1 Clause 1, page 1, line 4, leave out ‘any of’. Mr Gerry Sutcliffe
2 Clause 1, page 1, line 4, leave out ‘by its senior managers’. Mr Edward Davey
107 Clause 1, page 1, line 7, at beginning insert ‘in England and Wales and Northern Ireland,’. Mr Edward Davey
97 Clause 1, page 1, line 7, leave out ‘relevant’. Mr Edward Davey
108 Clause 1, page 1, line 8, at end insert— ‘(c) In Scotland amounts to a reckless disregard for the safety of the deceased. (1A) A manager is reckless where as regards a circumstance or as to a possible result of an act he is or ought to have been aware of an obvious and serious risk that the circumstances or that the result will follow but nonetheless acts where no reasonable person would do so.’ Mr Dominic Grieve
36 Clause 1, page 1, line 10, at end insert— ‘(aa) an unincorporated association or body; (ab) a partnership (as defined in section 1 of the Partnership Act 1890 (c. 39);’. Ann McKechin
30 Clause 1, page 1, line 12, at end insert— ‘(d) a business association.’. Mr Edward Davey
96 Clause 1, page 1, line 12, at end insert— ‘(d) a partnership (as defined in section 1 of the Partnership Act 1890 (c. 39)); (e) a body of persons unincorporated.’. Mr Gerry Sutcliffe 3 Clause 1, page 1, line 14, at end insert— ‘( ) An organisation is guilty of an offence under this section only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to in subsection (1).’. Mr Gerry Sutcliffe 4 Clause 1, page 1, leave out line 16. Mr Dominic Grieve
35 Clause 1, page 1, line 16, leave out paragraph (a). Mr Edward Davey
98 Clause 1, page 1, line 17, leave out paragraph (b). Mr Edward Davey
99 Clause 1, page 1, line 20, leave out ‘far’. Mr Gerry Sutcliffe 5 Clause 1, page 1, line 21, at end insert— ‘( ) “senior management”, in relation to an organisation, means the persons who play significant roles in— (i) the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or (ii) the actual managing or organising of the whole or a substantial part of those activities.’. Ann McKechin 31 Clause 1, page 2, line 4, after ‘to’, insert ‘(a)’. Mr Edward Davey
100 Clause 1, page 2, line 4, leave out ‘a fine’ and insert ‘one of the following penalties: (a) a fine; (b) a corporate community service order; or (c) any sanction set out in an order laid by the Secretary of State, subject to the affirmative resolution procedure.’. Ann McKechin 32 Clause 1, page 2, line 4, at end insert— ‘(b) an admonition; or (c) a compensation order.’. Ann McKechin 33 Clause 1, page 2, line 6, at end insert— ‘(7) Any penalty imposed under subsection (5) shall be notified by the court to the Registrar of Companies and the Registrar of Companies in Scotland.’. Mr Dominic Grieve
50 Page 1, line 2, leave out Clause 1. Mr Gerry Sutcliffe 7 Schedule 1, page 14, line 3, at end insert— ‘Assets Recovery Agency’. Mr Gerry Sutcliffe 8 Schedule 1, page 14, line 5, at end insert— ‘Central Office of Information’. Mr Gerry Sutcliffe 9 Schedule 1, page 14, leave out line 6. Mr Gerry Sutcliffe 10 Schedule 1, page 14, line 10, at end insert ‘(including the Scotland Office and the Wales Office)’. Mr Gerry Sutcliffe 11 Schedule 1, page 14, line 21, at end insert— ‘General Register Office for Scotland’. Mr Gerry Sutcliffe 12 Schedule 1, page 14, line 22, at end insert— ‘Her Majesty’s Land Registry’. Mr Gerry Sutcliffe 13 Schedule 1, page 14, line 26, at end insert— ‘National Archives’. Mr Gerry Sutcliffe 14 Schedule 1, page 14, line 26, at end insert— ‘National Archives of Scotland’. Mr Gerry Sutcliffe 15 Schedule 1, page 14, line 26, at end insert— ‘National Audit Office’. Mr Gerry Sutcliffe 16 Schedule 1, page 14, line 26, at end insert— ‘National Savings and Investments’. Mr Gerry Sutcliffe 17 Schedule 1, page 14, line 26, at end insert— ‘Northern Ireland Audit Office’. Mr Gerry Sutcliffe 18 Schedule 1, page 14, line 29, at end insert— ‘Office for National Statistics’. Mr Gerry Sutcliffe 19 Schedule 1, page 14, leave out line 30. Mr Gerry Sutcliffe 20 Schedule 1, page 14, leave out line 33. Mr Gerry Sutcliffe 21 Schedule 1, page 14, line 33, at end insert— ‘Ordnance Survey’. Mr Gerry Sutcliffe 22 Schedule 1, page 14, leave out line 36. Mr Gerry Sutcliffe 23 Schedule 1, page 14, line 36, at end insert— ‘Registers of Scotland Executive Agency’. Mr Gerry Sutcliffe 24 Schedule 1, page 14, line 36, at end insert— ‘Revenue and Customs Prosecutions Office’. Mr Gerry Sutcliffe 25 Schedule 1, page 14, line 36, at end insert— ‘Royal Mint’. Mr Gerry Sutcliffe 26 Schedule 1, page 14, leave out line 37. Mr Gerry Sutcliffe 27 Schedule 1, page 15, line 1, at end insert— ‘UK Trade and Investment’. Mr Gerry Sutcliffe 28 Schedule 1, page 15, leave out line 2. Mr Gerry Sutcliffe 29 Schedule 1, page 15, line 2, at end insert— ‘Welsh Assembly Government’. Mr Gerry Sutcliffe
6 Page 2, line 8, leave out Clause 2. Mr Dominic Grieve
39 Clause 3, page 2, line 17, leave out from ‘any’ to ‘owed’ in line 18 and insert ‘duty’. Mr Edward Davey
101 Clause 3, page 2, line 17, after ‘any’, insert ‘duty imposed on it by statute or any’. Mr Edward Davey
105 Clause 3, page 2, line 17, leave out ‘of the following duties’ and insert ‘duty’. Ian Stewart
77 Clause 3, page 2, line 18, leave out ‘of negligence’. Mr Edward Davey
102 Clause 3, page 2, line 18, after ‘negligence’, insert ‘to any person’. Mr Edward Davey
106 Clause 3, page 2, line 18, at end insert ‘including, but not limited to’. Mr Dominic Grieve
40 Clause 3, page 2, line 19, leave out paragraphs (a) to (c). Mr Edward Davey
103 Clause 3, page 2, leave out lines 19 to 30. Ian Stewart
92 Clause 3, page 2, line 29, after ‘vehicle’, insert ‘, substance hazardous to health,’. Mr Edward Davey
104 Clause 3, page 2, leave out from beginning of line 35 to end of line 19 on page 3. Mr Dominic Grieve
41 Clause 3, page 2, leave out lines 36 to line 6 on page 3. Ian Stewart
78 Clause 3, page 3, leave out lines 7 to 18. Mr Dominic Grieve
42 Clause 3, page 3, leave out line 19. Mr Dominic Grieve
52 Page 2, line 16, leave out Clause 3. Mr Dominic Grieve
43 Clause 4, page 3, line 22, after second ‘a’, insert ‘ministerial’. Mr Dominic Grieve
45 Clause 4, page 3, line 26, leave out subsection (2). Mr Dominic Grieve
46 Clause 4, page 3, leave out lines 33 to 37. Mr Dominic Grieve
44 Clause 4, page 3, line 37, at end insert— ‘“ministerial” means a decision made by one or more Ministers of HM Government, Scottish Ministers, Welsh Ministers or Northern Ireland Ministers;’. Mr Dominic Grieve
53 Page 3, line 20, leave out Clause 4. Mr Dominic Grieve
47 Clause 5, page 4, line 4, leave out paragraph (c). Mr Dominic Grieve
48 Clause 5, page 4, line 13, leave out subsection (3). Mr Dominic Grieve
54 Page 3, line 46, leave out Clause 5. Mr Dominic Grieve
55 Page 4, line 23, leave out Clause 6. Mr Dominic Grieve
56 Page 5, line 8, leave out Clause 7. Mr Dominic Grieve
57 Page 6, line 1, leave out Clause 8. Mr Dominic Grieve
58 Page 6, line 23, leave out Clause 9. Ian Stewart
83 Clause 10, page 7, line 16, after ‘convicted’, insert ‘or is found not guilty’. Ian Stewart
84 Clause 10, page 7, line 18, at end insert ‘or’. Ian Stewart
85 Clause 10, page 7, line 19, leave out ‘to have resulted from that breach and’. Ian Stewart
86 Clause 10, page 7, line 26, at end insert ‘, and may include reference to a person or persons, who are to be responsible for the specified steps being taken.’. Ian Stewart
110 Clause 10, page 7, line 32, at end insert ‘, and a person referred to in an order in this section may be guilty of contempt if the specified steps are not taken by the organisation in accordance with an order under this section.’. Mr Dominic Grieve
59 Page 7, line 15, leave out Clause 10. Mr Dominic Grieve
60 Page 7, line 34, leave out Clause 11. Mr Dominic Grieve
61 Page 8, line 17, leave out Clause 12. Mr Dominic Grieve
62 Page 8, line 28, leave out Clause 13. Mr Dominic Grieve
63 Page 9, line 32, leave out Clause 14. Mr Dominic Grieve
64 Page 10, line 6, leave out Clause 15. Mr Dominic Grieve
Tony Lloyd Mr Jim McGovern 65 Page 10, line 39, leave out Clause 16. Mr Dominic Grieve
Tony Lloyd Mr Jim McGovern 66 Page 11, line 3, leave out Clause 17. Mr Dominic Grieve
Tony Lloyd Mr Jim McGovern 67 Page 11, line 8, leave out Clause 18. Mr Dominic Grieve
68 Page 11, line 12, leave out Clause 19. Mr Dominic Grieve
69 Page 11, line 30, leave out Clause 20. Mr Dominic Grieve
70 Page 12, line 2, leave out Clause 21. Mr Dominic Grieve
73 Page 15, line 3, leave out Schedule 2. Mr Dominic Grieve
71 Page 12, line 4, leave out Clause 22. |
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| © Parliamentary copyright 2006 | Prepared: 19 October 2006 |