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Tuesday 31st October 2006 Standing Committee B Corporate Manslaughter and Corporate Homicide Bill Note The Amendments have been arranged in accordance with the Order of the Committee [19th October 2006]. 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
138 Clause 10, page 7, line 20, at end insert— ‘(1A) A court may in making an order under subsection (1) impose on the organisation an order (a “Corporate Probation Order”) requiring it to take one or more of the following steps— (a) make restitution to a person for any loss or damage that they suffered as a result of the offence; (b) establish policies, standards and procedures to reduce the likelihood of the organisation committing a subsequent offence; (c) communicate policies, standards and procedures established under subsection (1A)(b) to its representatives, employees and shareholders; (d) report to the Court on the implementation of policies, standards and procedures established under subsection (1A)(b); (e) identify the senior officer who is responsible for compliance with policies, standards and procedures established under subsection (1A)(b); (f) provide in the manner specified by the court the following information to the public, and require the same to be recorded against the names of the directors of the company in the register at Companies House, namely— (i) the offence of which the organisation was convicted; (ii) the sentence imposed by the Court; and (iii) any measures that the organisation is taking—including policies, standards and procedures established under subsection (1A)(b)—to reduce the likelihood of it committing a subsequent offence; (g) comply with any reasonable conditions that the Court considers necessary to prevent the organisation from committing subsequent offences or to remedy the harm caused by the offences. (1B) The Court shall, if it considers it appropriate, appoint another person or body to supervise the implementation of a Corporate Probation Order.’. Mr Dominic Grieve
141 Clause 10, page 7, line 22, leave out ‘prosecution’ and insert ‘Health and Safety Executive’. Mr Dominic Grieve
142 Clause 10, page 7, line 25, leave out ‘prosecution’ and insert ‘Health and Safety Executive’. 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
143 Clause 13, page 9, line 12, leave out paragraph (g). 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
145 Clause 15, page 10, leave out lines 24 to 26. Mr Dominic Grieve
146 Clause 15, page 10, leave out lines 34 to 36. Mr Dominic Grieve
147 Clause 15, page 10, line 37, leave out subsection (5). Mr Dominic Grieve
64 Page 10, line 6, leave out Clause 15. Mr Edward Davey
149 Clause 16, page 10, line 41, leave out ‘not’. Mr Edward Davey
150 Clause 16, page 11, line 1, leave out ‘not’. Mr Dominic Grieve
65 Page 10, line 39, leave out Clause 16. Mr Edward Davey
151 Clause 17, page 11, line 4, leave out ‘cannot’ and insert ‘can’. Mr Edward Davey
152 Clause 17, page 11, line 6, leave out ‘cannot’ and insert ‘can’. Mr Dominic Grieve
66 Page 11, line 3, leave out Clause 17. Mr Dominic Grieve
67 Page 11, line 8, leave out Clause 18. Mr Dominic Grieve
148 Clause 19, page 11, line 27, leave out second ‘or’ and insert ‘and’. 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. Ian Stewart
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
72 Page 12, line 15, leave out Clause 23. Mr Dominic Grieve
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
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
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
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
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
49 Title, line 1, at beginning insert ‘To amend the Health and Safety at Work etc. Act 1974 and’. Mr Dominic Grieve
74 Title, line 2, leave out ‘manslaughter’ and insert ‘killing’. Ian Stewart
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
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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