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
Ian Stewart

67

Page 11, line 8, leave out Clause 18.


Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

68

Page 11, line 12, leave out Clause 19.


Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

69

Page 11, line 30, leave out Clause 20.


Mr Dominic Grieve
James Brokenshire
Michael Fabricant
James Duddridge
Jeremy Wright

70

Page 12, line 2, leave out Clause 21.


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
Mr Edward Davey

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.’.


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.’.


Offence relating to directors influence over management failure

Ian Stewart
Tony Lloyd
Mr Jim McGovern

NC6

    * To move the following Clause:—

      ‘(1) A company director commits an offence if he has some influence over, or responsibility for, the circumstances in which a management failure falling far below what could reasonably be expected causes a person’s death, and fails to take reasonable steps in relation to those circumstances which could have prevented that death.

      (2) A person guilty of an offence under subsection (1) is liable, on summary conviction, to—

        (a) imprisonment for a term not exceeding 6 months, or

        (b) a fine not exceeding the statutory maximum,

      or to both.

      (3) A person guilty of an offence under subsection (1) shall also be subject to disqualification from acting as a director in any undertaking carrying on a business or activity in Great Britain.’.


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.


ORDER OF THE COMMITTEE [19TH OCTOBER 2006]

       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.


 
 
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Prepared: 24 October 2006