sc2202610.321-325

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.
321

House of Commons

Thursday 26th October 2006

Standing Committee Proceedings

Standing Committee B

Corporate Manslaughter and Corporate Homicide Bill

[ FIFTH AND SIXTH SITTINGS]

Mr Gerry Sutcliffe

Agreed to  112

Clause  6,  page  4,  line  24,  leave out ‘police force or other’.

Mr Edward Davey

Jo Swinson

Mr Dominic Grieve

James Brokenshire

Jeremy Wright

James Duddridge

Not called  127

Clause  6,  page  4,  line  27,  leave out ‘in preparation for, or’.

Mr Dominic Grieve

James Brokenshire

James Duddridge

Jeremy Wright

Michael Fabricant

Withdrawn  139

Clause  6,  page  4,  line  29,  leave out paragraph (c).

Mr Gerry Sutcliffe

Agreed to  113

Clause  6,  page  4,  line  31,  leave out ‘a police force’ and insert ‘officers or

employees of the public authority’.

Mr Gerry Sutcliffe

Agreed to  114

Clause  6,  page  4,  line  35,  leave out ‘public’.

Mr Gerry Sutcliffe

Agreed to  115

Clause  6,  page  4,  line  35,  leave out ‘the police’ and insert ‘officers or employees of

the public authority in question’.

S.C.B.Standing Committee Proceedings: 26th October 2006
322

Corporate Manslaughter and Corporate Homicide Bill, continued

Mr Edward Davey

Jo Swinson

Not called  128

Clause  6,  page  4,  line  37,  leave out subsection (3).

Mr Dominic Grieve

James Brokenshire

Jeremy Wright

James Duddridge

Michael Fabricant

Not selected  131

Clause  6,  page  4,  line  37,  leave out subsections (3) and (4).

Mr Gerry Sutcliffe

Agreed to  116

Clause  6,  page  4,  line  37,  leave out ‘police force or other’.

Mr Edward Davey

Jo Swinson

Not called  129

Clause  6,  page  4,  line  41,  leave out from beginning to end of line 4 on page 5.

Mr Gerry Sutcliffe

Agreed to  117

Clause  6,  page  4,  line  44,  after ‘of’ insert ‘the same or’.

Mr Gerry Sutcliffe

Agreed to  118

Clause  6,  page  4,  line  45,  at end insert ‘or

‘( )
activities carried on in the exercise of functions of constables employed

by a public authority;’.

Mr Dominic Grieve

James Brokenshire

Michael Fabricant

James Duddridge

Jeremy Wright

Not selected  55

Page  4,  line  23,  leave out Clause 6.

Clause, as amended, Agreed to.

Mr Gerry Sutcliffe

Agreed to  119

Clause  7,  page  5,  line  9,  leave out ‘to which this section applies’ and insert ‘within

subsection (2)’.

Mr Gerry Sutcliffe

Agreed to  120

Clause  7,  page  5,  line  13,  leave out ‘to which this section applies’ and insert ‘within

S.C.B.Standing Committee Proceedings: 26th October 2006
323

Corporate Manslaughter and Corporate Homicide Bill, continued

this subsection’.

Mr Gerry Sutcliffe

Agreed to  121

Clause  7,  page  5,  line  17,  leave out from ‘organisation’ to end of line 18 and insert

‘providing a service of responding to emergency circumstances (or circumstances

believed to be emergency circumstances) either—

(i)
in pursuance of arrangements made with an organisation within

paragraph (a), (b) or (c), or

(ii)
(if not in pursuance of such arrangements) otherwise than on a

commercial basis;’.

Mr Dominic Grieve

James Brokenshire

Jeremy Wright

James Duddridge

Michael Fabricant

Withdrawn  132

Clause  7,  page  5,  line  19,  leave out paragraph (e).

Mr Dominic Grieve

James Brokenshire

James Duddridge

Jeremy Wright

Michael Fabricant

Not called  144

Clause  7,  page  5,  line  22,  leave out paragraph (g).

Mr Gerry Sutcliffe

Agreed to  122

Clause  7,  page  5,  line  26,  at end insert—

‘( )
Any duty of care owed in respect of the carrying out, or attempted carrying out,

of a rescue operation at sea in emergency circumstances (or circumstances

believed to be emergency circumstances) is not a “relevant duty of care” unless it

falls within section 3(1)(a) or (b).

( )
Any duty of care owed in respect of action taken—

(a)
in order to comply with a direction under Schedule 3A to the Merchant

Shipping Act 1995 (c. 21) (safety directions), or

(b)
by virtue of paragraph 4 of that Schedule (action in lieu of direction),


is not a “relevant duty of care” unless it falls within section 3(1)(a) or (b).’.

Mr Dominic Grieve

James Brokenshire

Jeremy Wright

James Duddridge

Michael Fabricant

Not selected  133

Clause  7,  page  5,  leave out lines 34 to 41.

S.C.B.Standing Committee Proceedings: 26th October 2006
324

Corporate Manslaughter and Corporate Homicide Bill, continued

Mr Dominic Grieve

James Brokenshire

Michael Fabricant

James Duddridge

Jeremy Wright

Not selected  56

Page  5,  line  8,  leave out Clause 7.

Clause, as amended, Agreed to.

Mr Dominic Grieve

James Brokenshire

James Duddridge

Jeremy Wright

Michael Fabricant

Not selected  140

Clause  8,  page  6,  line  2,  leave out subsection (1).

Mr Dominic Grieve

James Brokenshire

Jeremy Wright

James Duddridge

Michael Fabricant

Withdrawn  134

Clause  8,  page  6,  line  4,  leave out subsection (2).

Mr Dominic Grieve

James Brokenshire

Michael Fabricant

James Duddridge

Jeremy Wright

Not selected  57

Page  6,  line  1,  leave out Clause 8.

Clause Agreed to.

Mr Dominic Grieve

James Brokenshire

Michael Fabricant

James Duddridge

Jeremy Wright

Not moved  136

Clause  9,  page  6,  line  24,  leave out subsection (1).

S.C.B.Standing Committee Proceedings: 26th October 2006
325

Corporate Manslaughter and Corporate Homicide Bill, continued

Mr Dominic Grieve

James Brokenshire

Michael Fabricant

James Duddridge

Jeremy Wright

Withdrawn  137

Clause  9,  page  6,  line  33,  after ‘death’ insert ‘or serious injury’.

Mr Dominic Grieve

James Brokenshire

Michael Fabricant

James Duddridge

Jeremy Wright

Not selected  58

Page  6,  line  23,  leave out Clause 9.

Clause Agreed to.

Ian Stewart

Tony Lloyd

Mr Jim McGovern

Withdrawn  83

Clause  10,  page  7,  line  16,  after ‘convicted’, insert ‘or is found not guilty’.

[Adjourned till Tuesday 31st October at 10.30 a.m.