sc2201910.307-309

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.
307

House of Commons

Thursday 19th October 2006

Standing Committee Proceedings

Standing Committee B

Corporate Manslaughter and Corporate Homicide Bill

[FIRST AND SECOND Sittings]

Mr Gerry Sutcliffe

Agreed to

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.

Ian Stewart

Tony Lloyd

Mr Jim McGovern

Not selected  88

Clause  1,  page  1,  line  2,  at end insert ‘of corporate manslaughter and corporate

homicide’.

Ian Stewart

Tony Lloyd

Mr Jim McGovern

Withdrawn  87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—

S.C.B.Standing Committee Proceedings: 19th October 2006
308

Corporate Manslaughter and Corporate Homicide Bill, continued

(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

James Brokenshire

Michael Fabricant

James Duddridge

Jeremy Wright

Mr Edward Davey

Jo Swinson

Not called  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

Agreed to  1

Clause  1,  page  1,  line  4,  leave out ‘any of’.

Mr Gerry Sutcliffe

Ian Stewart

Tony Lloyd

Mr Jim McGovern

Agreed to  2

Clause  1,  page  1,  line  4,  leave out ‘by its senior managers’.

Mr Edward Davey

Jo Swinson

Withdrawn  107

Clause  1,  page  1,  line  7,  at beginning insert ‘in England and Wales and Northern

Ireland,’.

Mr Edward Davey

Jo Swinson

Withdrawn  97

Clause  1,  page  1,  line  7,  leave out ‘relevant’.

Mr Edward Davey

Jo Swinson

Not called  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.’

S.C.B.Standing Committee Proceedings: 19th October 2006
309

Corporate Manslaughter and Corporate Homicide Bill, continued

Mr Dominic Grieve

James Brokenshire

Michael Fabricant

James Duddridge

Jeremy Wright

Withdrawn  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);’.

[Adjourned till Tuesday next at 10.30 a.m.