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S.C.B.Standing Committee Proceedings: 31st October 2006          

334

 

Corporate Manslaughter and Corporate Homicide Bill, continued

 
 

Mr Dominic Grieve

 

James Brokenshire

 

Michael Fabricant

 

James Duddridge

 

Jeremy Wright

 

Not selected  72

 

Page  12,  line  15,  leave out Clause 23.

 

Clause Agreed to.

 


 

Mr Dominic Grieve

 

James Brokenshire

 

Michael Fabricant

 

James Duddridge

 

Jeremy Wright

 

Not called  75

 

Clause  24,  page  13,  line  2,  leave out ‘Manslaughter’ and insert ‘Killing’.

 

Clause Agreed to.

 


 

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

 

Not called  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


 
 

S.C.B.Standing Committee Proceedings: 31st October 2006          

335

 

Corporate Manslaughter and Corporate Homicide Bill, continued

 
 

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

 

Not called  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

 

Not selected  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


 
 

S.C.B.Standing Committee Proceedings: 31st October 2006          

336

 

Corporate Manslaughter and Corporate Homicide Bill, continued

 
 

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

 

Not called  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

 

Not selected  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,


 
 

S.C.B.Standing Committee Proceedings: 31st October 2006          

337

 

Corporate Manslaughter and Corporate Homicide Bill, continued

 
 

    

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

 

Not selected  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

 

Not called  74

 

Title,  line  2,  leave out ‘manslaughter’ and insert ‘killing’.

 

Ian Stewart

 

Tony Lloyd

 

Mr Jim McGovern

 

Not called  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

 

Not selected  79

 

Title,  line  3,  leave out ‘that offence’ and insert ‘those offences’.

 

Bill, as amended, to be reported.

 


 
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