House of Commons - Amendments
Corporate Manslaughter and Corporate Homicide Bill - continued          House of Commons

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Secretary John Reid

54

Page 5, line 31 [Clause 6], at end insert—

      ‘(2A) For the purposes of subsection (1), the way in which an organisation responds to emergency circumstances does not include the way in which—

        (a) medical treatment is carried out, or

        (b) decisions within subsection (2B) are made.

      (2B) The decisions within this subsection are decisions as to the carrying out of medical treatment, other than decisions as to the order in which persons are to be given such treatment.’.

Mr Edward Davey
Jo Swinson
Lorely Burt

46

Page 5, line 32 [Clause 6], leave out subsections (3) and (4) and insert —

      ‘(3) When determining whether there was a gross breach of the duty of care, the jury must consider any of the following factors which are shown to have affected the performance by the organisation of the response, rescue operation or action in question—

        (a) the nature of the emergency to which the organisation was responding,

        (b) other relevant duties to which the organisation was subject, including statutory duties and duties of care under the law of negligence,

        (c) in the case of a public authority, resource constraints, and

        (d) public interest considerations.’.

Secretary John Reid

55

Page 5, line 33 [Clause 6], leave out ‘(or circumstances believed to be emergency circumstances)’.

Secretary John Reid

56

Page 5, line 47 [Clause 6], at end insert—

      ‘“medical treatment” includes any treatment or procedure of a medical or similar nature;’.

Mr Dominic Grieve
David Davis
James Brokenshire
Mr Patrick McLoughlin

19

Page 5, line 47 [Clause 6], at end insert ‘provided that the treatment of a medical condition shall not be regarded as emergency circumstances where it takes place within a hospital, trauma centre, clinic, primary care centre, surgery or other healthcare facility generally providing treatment to patients;’.


Secretary John Reid

57

Page 6, line 14 [Clause 6], at end insert—

      ‘( ) A reference in this section to emergency circumstances includes a reference to circumstances that are believed to be emergency circumstances.’.

Mr Dominic Grieve
David Davis
James Brokenshire
Mr Patrick McLoughlin

20

Page 6, line 17 [Clause 7], at end insert ‘or, in the case of a duty of care under subsection (2) below, relates to the duty of care that a local authority or other public authority owes to a child that has been placed in its care.’.

Secretary John Reid

58

Page 6, line 21 [Clause 7], at beginning insert ‘Parts 4 and 5 of’.

Secretary John Reid

59

Page 6, line 23 [Clause 7], at beginning insert ‘Parts 5 and 6 of’.

Secretary John Reid

60

Page 6 [Clause 7], leave out line 24.


Secretary John Reid

61

Page 7, line 33 [Clause 9], at end insert ‘(“the relevant breach”)’.

Secretary John Reid

62

Page 7, line 34 [Clause 9], leave out second ‘that’ and insert ‘the relevant’.

Secretary John Reid

63

Page 7, line 35 [Clause 9], at end insert—

        ‘( ) any deficiency, as regards health and safety matters, in the organisation’s policies, systems or practices of which the relevant breach appears to the court to be an indication.’.

Secretary John Reid

64

Page 7, line 36 [Clause 9], leave out ‘this section’ and insert ‘subsection (1)’.

Ian Stewart
Tony Lloyd
Mr Frank Doran
Mr David Clelland
Mr Terry Rooney
Mr David Anderson
Total signatories: 9

35

Page 7, line 36 [Clause 9], leave out ‘only’.

Ian Stewart
Tony Lloyd
Mr Frank Doran
Mr David Clelland
Mr Terry Rooney
Mr David Anderson
Total signatories: 9

36

Page 7, line 37 [Clause 9], at end insert ‘or by the court of its own motion.’.

Secretary John Reid

65

Page 7, line 41 [Clause 9], at end insert—

      ‘( ) Before making an application for an order under subsection (1) the prosecution must consult such enforcement authority or authorities as it considers appropriate (having regard to the nature of the relevant breach).’.

Ian Stewart
Tony Lloyd
Mr Frank Doran
Mr David Clelland
Mr Terry Rooney
Mr David Anderson
Total signatories: 9

34

Page 7, line 41 [Clause 9], at end insert ‘, and may identify a person or persons within the organisation who are to be responsible for compliance with the order made under this section and may include one or more of the following steps—

        (a) to establish policies, standards and procedures to reduce the likelihood of the organisation committing a subsequent offence;

        (b) to communicate those policies, standards and procedures to whomever the court considers appropriate;

        (c) to list prominently in both a company’s annual report to shareholders and in the annual accounts filed at Companies House the details of any conviction or order made by the court under this section;

        (d) to comply with any other steps that the court considers desirable to prevent the organisation from committing subsequent offences.’.

Ian Stewart
Tony Lloyd
Mr Frank Doran
Mr David Clelland
Mr Terry Rooney
Mr David Anderson
Total signatories: 9

38

Page 7, line 41 [Clause 9], at end insert ‘and may specify what went wrong and who was responsible’.

Secretary John Reid

66

Page 7, line 42 [Clause 9], leave out ‘this section’ and insert ‘subsection (1)’.

Secretary John Reid

67

Page 7, line 43 [Clause 9], leave out ‘subsection (1)’ and insert ‘that subsection’.

Ian Stewart
Tony Lloyd
Mr Frank Doran
Mr David Clelland
Mr Terry Rooney
Mr David Anderson
Total signatories: 9

37

Page 7, line 43 [Clause 9], at end insert ‘and require that there is a report back to the court with details of the steps taken.’.


Secretary John Reid

68

Page 8, line 2 [Clause 9], at end insert—

      ‘( ) In this section—

      “enforcement authority” means an authority responsible for the enforcement of any health and safety legislation;

      “health and safety legislation” has the meaning given in section 8(5).’.

Ian Stewart
Tony Lloyd
Mr Frank Doran
Mr David Clelland
Mr Terry Rooney
Mr David Anderson
Total signatories: 9

39

Page 8, line 2 [Clause 9], at end insert ‘, and any person referred to in any order as being responsible for the specified steps may be guilty of contempt if the specified steps are not taken.’.


Secretary John Reid

69

Page 10 [Clause 14], leave out lines 42 to 44 and insert—

      ‘This is subject to subsection (3A).

      (3A) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (3) may be instituted, or (if they have already been instituted) may be continued, against—

        (a) the organisation mentioned in subsection (1), or

        (b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (3)(a) or (b)) as may be specified in the order.’.


Secretary John Reid

70

Page 11 [Clause 14], leave out lines 8 to 10 and insert—

      ‘This is subject to subsection (4A).

      (4A) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (4) may be continued against—

        (a) the organisation mentioned in subsection (1), or

        (b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (4)(a) or (b)) as may be specified in the order.’.

Secretary John Reid

71

Page 11, line 11 [Clause 14], leave out ‘(3) or (4)’ and insert ‘(3A) or (4A)’.

Mr Andrew Dismore
John McDonnell
Ms Katy Clark

10

Page 11, line 13, leave out Clause 15.

Ian Stewart
Tony Lloyd
Mr Frank Doran
Mr David Clelland
Mr Terry Rooney
Mr David Anderson
Total signatories: 9

40

Page 11, line 19, leave out Clause 16.

Mr Andrew Dismore
John McDonnell
Mr Edward Davey
Jo Swinson
Lorely Burt

7

Page 11, line 20 [Clause 16], leave out ‘cannot’ and insert ‘can’.

Mr Andrew Dismore
John McDonnell
Mr Edward Davey
Jo Swinson
Lorely Burt
Ms Katy Clark

8

Page 11, line 22 [Clause 16], leave out ‘cannot’ and insert ‘can’.


Mr Andrew Dismore
John McDonnell
Mr Edward Davey
Jo Swinson
Lorely Burt
Ms Katy Clark

11

Page 13, line 12 [Clause 22], at end insert—

        ‘(f) in any other place in the world, where an inquest or fatal accident inquiry held in England, Wales, Scotland or Northern Ireland has brought in a verdict of “unlawful killing” and the death was caused by the way an organisation which operates in England, Wales, Scotland or Northern Ireland managed or organised its activities.’.


New Schedule

Mr Edward Davey

NS1

    To move the following Schedule:—

‘List of Statutory Provisions

      Fire Precautions Act 1971 (c. 40)

      Civil Aviation Act 1982 (c. 16)

      Building Act 1984 (c. 55)

      Section 11 of the Food and Environment Protection Act 1985 (c. 48)

      Sections 41 and 45 of the Transport Works 1992 (c. 42)

      Activity Centres (Young Persons’ Safety) Act 1995 (c. 15)

      Merchant Shipping Act 1995 (c. 21)

      Section 44 of the Employment Rights Act 1996 (c. 18)

      Human Rights Act 1998 (c. 42)

      Section 157 of the Education Act 2002 (c. 32)

      Railways and Transport Safety Act 2003 (c. 20)

      Gangmasters (Licensing) Act 2004 (c. 11)’.


Mr Dominic Grieve
David Davis
James Brokenshire
Mr Patrick McLoughlin

73

Page 14, line 26 [Schedule 2], at end insert ‘Her Majesty’s Prison Service’.


Ian Stewart
Tony Lloyd
Mr Frank Doran
Mr David Clelland
Mr Terry Rooney
Mr David Anderson
Total signatories: 9

32

Title, at end add ‘, including orders to encourage prevention and an offence applicable to senior managers’.

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.


 
 
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Prepared: 4 December 2006