rs0050412.28-34

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 4th December 2006
28

Corporate Manslaughter and Corporate Homicide Bill, continued

Mr Andrew Dismore

Not called  41

Page  3,  line  25  [Clause  3],  leave out ‘or (b)’ and insert ‘, (b) or (bb)’.

Mr Andrew Dismore

John McDonnell

Ms Katy Clark

Not called  9

Page  3,  line  27  [Clause  3],  leave out from ‘is’ to end of line 28 and insert ‘a

“relevant duty of care”.’.

Mr John Denham

Mrs Janet Dean

Harry Cohen

Mr Dominic Grieve

David Davis

James Brokenshire

Not called  15

Page  3,  line  28  [Clause  3],  leave out ‘or (b)’ and insert ‘(b) or (d)’.

Mr Edward Davey

Jo Swinson

Lorely Burt

Not called  43

Page  3  [Clause  3],  leave out lines 30 to 34.

Mr Edward Davey

Jo Swinson

Lorely Burt

Not called  44

Page  3  [Clause  3],  leave out lines 40 to 42.

Mr Douglas Hogg

Not called  76

Page  3,  line  44  [Clause  4],  at beginning insert ‘Subject to subsection (5),’.

Secretary John Reid

Agreed to  50

Page  4,  line  8  [Clause  4],  after ‘in’ insert ‘the course of’.

Mr Douglas Hogg

Not called  77

Page  4,  line  19  [Clause  4],  at end insert—

‘(5)
This section shall not apply where the relevant duty of care in respect of which

the Ministry of Defence was in breach was a duty to provide adequate equipment

or training, or was a failure to provide for such reinforcements as might

reasonably have been expected.’.

Report Stage Proceedings: 4th December 2006
29

Corporate Manslaughter and Corporate Homicide Bill, continued

Mr Dominic Grieve

David Davis

James Brokenshire

Mr Patrick McLoughlin

Not called  74

Page  4,  line  21  [Clause  5],  leave out subsection (1) and insert—

‘(1)
Subsection (3) shall apply where—

(a)
it is established that a public authority owed a relevant duty of care to a

person,

(b)
the duty of care was owed in respect of—

(i)
operations within subsection (2),

(ii)
activities carried on in preparation for, or directly in support of,

such operations,

(iii)
training of a hazardous nature, or training carried out in a

hazardous way, which it is considered needs to be carried out, or

carried out in that way, in order to improve or maintain the

effectiveness of the police with respect to such operations, or

(iv)
policing or law enforcement activities which do not fall within

section 2(1)(a) or (b), and

(c)
it falls to the jury to decide whether there was a gross breach of that duty

of care.’.

Mr Douglas Hogg

Not called  79

Page  4,  line  21  [Clause  5],  at beginning insert ‘Subject to subsection (5),’.

Mr Douglas Hogg

Not called  80

Page  4,  line  21  [Clause  5],  after ‘authority’, insert ‘, other than to a person referred

to in section 2(1)(aa),’.

Mr Andrew Dismore

John McDonnell

Mr Edward Davey

Jo Swinson

Lorely Burt

Ms Katy Clark

Not called  6

Page  4,  line  25  [Clause  5],  leave out paragraph (c).

Secretary John Reid

Agreed to  51

Page  4,  line  30  [Clause  5],  leave out subsection (2) and insert—

‘( )
Operations are within this subsection if—

(a)
they are operations for dealing with terrorism, civil unrest or serious

disorder,

(b)
they involve the carrying on of policing or law-enforcement activities,

and

(c)
officers or employees of the public authority in question come under

attack, or face the threat of attack or violent resistance, in the course of

the operations.’.

Report Stage Proceedings: 4th December 2006
30

Corporate Manslaughter and Corporate Homicide Bill, continued

Mr Dominic Grieve

David Davis

James Brokenshire

Mr Patrick McLoughlin

Not called  75

Page  4,  line  34  [Clause  5],  leave out subsection (3) and insert—

‘(3)
When determining whether there was a gross breach of the duty of care, the jury

must consider the following factors where they are shown to have affected the

performance by the organisation of the operation, activity or training in

question—

(a)
the nature of the operation, activity or training and the context in which

it was performed,

(b)
other relevant factors to which the organisation was subject, including

statutory duties and duties of care under the law of negligence,

(c)
resource constraints, and

(d)
public interest considerations.’.

Mr Andrew Dismore

John McDonnell

Mr Dominic Grieve

David Davis

James Brokenshire

Mr Patrick McLoughlin

Not called  4

Page  4,  line  36  [Clause  5],  at end insert ‘or (bb)’.

Mr Andrew Dismore

John McDonnell

Ms Katy Clark

Not called  5

Page  5,  line  4  [Clause  5],  at end insert—

‘(e)
the management of a prison, youth offenders’ institute, police station

custody unit, immigration accommodation centre, or any other place of

lawful detention.’.

Mr Dominic Grieve

David Davis

James Brokenshire

Mr Patrick McLoughlin

Not called  16

Page  5,  line  4  [Clause  5],  at end insert—

‘(e)
the management of a prison, young offenders’ institution, police custody

unit, immigration accommodation centre or any other place of lawful

detention.’.

Mr Douglas Hogg

Not called  81

Page  5,  line  7  [Clause  5],  at end insert—

‘(5)
This section shall not apply where the duty of care in respect of which the public

authority was in breach was a duty to provide adequate equipment, training,

control or supervision.’.

Report Stage Proceedings: 4th December 2006
31

Corporate Manslaughter and Corporate Homicide Bill, continued

Mr Edward Davey

Jo Swinson

Lorely Burt

Not called  45

Page  5,  line  9  [Clause  6],  leave out subsection (1) and insert—

‘(1)
Subsection (3) shall apply where—

(a)
it is established that an organisation owed a relevant duty of care to a

person,

(b)
the duty of care does not fall within section 2(1)(a) or (b) and was owed—

(i)
by an organisation within subsection (2) in respect of the way in

which it responds to emergency circumstances (or circumstances

believed to be emergency circumstances),

(ii)
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), or

(iii)
in respect of action taken either in order to comply with a

direction under Schedule 3A to the Merchant Shipping Act 1995

(c. 21) (safety directions), or by virtue of paragraph 4 of that

Schedule (action in lieu of direction), and

(c)
it falls to the jury to decide whether there was a gross breach of the duty

of care.’.

Secretary John Reid

Agreed to  52

Page  5,  line  10  [Clause  6],  leave out ‘(or circumstances believed to be emergency

circumstances)’.

Mr Dominic Grieve

David Davis

James Brokenshire

Mr Patrick McLoughlin

Not called  17

Page  5,  line  17  [Clause  6],  leave out paragraph (d) and insert—

‘(d)
any other organisation employing people whose duties involve

extinguishing fires, or protecting life and property in the event of fire, or

responding to emergency circumstances (or circumstances believed to be

emergency circumstances);’.

Secretary John Reid

Agreed to  53

Page  5,  line  18  [Clause  6],  leave out ‘(or circumstances believed to be emergency

circumstances)’.

Mr Dominic Grieve

David Davis

James Brokenshire

Mr Patrick McLoughlin

Not called  18

Page  5,  line  29  [Clause  6],  at end insert—

‘(ga)
any organisation providing healthcare services in pursuance of

arrangements made by, or at the request of, a relevant NHS body;’.

Report Stage Proceedings: 4th December 2006
32

Corporate Manslaughter and Corporate Homicide Bill, continued

Secretary John Reid

Agreed to  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

Not called   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

Agreed to  55

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

circumstances)’.

Secretary John Reid

Agreed to  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

Not called  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

Agreed to  57

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

Report Stage Proceedings: 4th December 2006
33

Corporate Manslaughter and Corporate Homicide Bill, continued

‘( )
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

Not called  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

Agreed to  58

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

Secretary John Reid

Agreed to  59

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

Secretary John Reid

Agreed to  60

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

Secretary John Reid

Agreed to  61

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

Secretary John Reid

Agreed to  62

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

Secretary John Reid

Agreed to  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

Agreed to  64

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

Report Stage Proceedings: 4th December 2006
34

Corporate Manslaughter and Corporate Homicide Bill, continued

Ian Stewart

Tony Lloyd

Mr Frank Doran

Mr David Clelland

Mr Terry Rooney

Mr David Anderson

Not called  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

Not called  36

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

Secretary John Reid

Agreed to  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

Not called  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

Not called  38

Page  7,  line  41  [Clause  9],  at end insert ‘and may specify what went wrong and

who was responsible’.