|
|
|
|
|
Corporate Manslaughter and Corporate
Homicide Bill |
|
lords reason for insisting
on their amendments and FOR |
|
disagreeing to commons amendment
in lieu |
|
[The
page and line references are to HL Bill 19, the bill as first
printed for the Lords.] |
|
|
|
|
2 |
Page 2, line 29, at
end insert— |
|
|
“(d) |
a duty owed to anyone held
in custody.” |
|
|
COMMONS
disAGREEMENT and amendment in lieu |
|
|
The Commons disagree to Lords
Amendments Nos. 2, 3, 5, 6 and 10 but propose |
|
|
|
|
lords
insistence and reason |
|
|
The Lords insist on their Amendment
2 for the following Reason— |
|
2A |
Because it is appropriate
that a relevant duty of care should be owed to anyone held in
|
|
|
|
|
|
3 |
Page 3, line 12, at
end insert— |
|
|
““custody”
includes being held in prison, secure mental healthcare |
|
|
facilities, secure children’s
homes, secure training centres, |
|
|
immigration removal centres,
court cells and police cells, and being |
|
|
subject to supervision
by court, prisoner and detainee escort |
|
|
|
|
COMMONS
disAGREEMENT and amendment in lieu |
|
|
The Commons disagree to Lords
Amendments Nos. 2, 3, 5, 6 and 10 but propose |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
lords
insistence and reason |
|
|
The Lords insist on their Amendment
3 for the following Reason— |
|
3A |
Because it is appropriate
that a relevant duty of care should be owed to anyone held in
|
|
|
|
|
|
5 |
Page 3, line 37, leave
out “or (b)” and insert “, (b) or (d)” |
|
|
COMMONS
DISAGREEMENT AND AMENDMENT IN LIEU |
|
|
The Commons disagree to Lords
Amendments Nos. 2, 3, 5, 6 and 10 but propose |
|
|
|
|
lords
insistence and reason |
|
|
The Lords insist on their Amendment
5 for the following Reason— |
|
5A |
Because it is appropriate
that a relevant duty of care should be owed to anyone held in
|
|
|
|
|
|
6 |
Page 3, line 40, leave
out “or (b)” and insert “, (b) or (d)” |
|
|
COMMONS
DISAGREEMENT AND AMENDMENT IN LIEU |
|
|
The Commons disagree to Lords
Amendments Nos. 2, 3, 5, 6 and 10 but propose |
|
|
|
|
lords
insistence and reason |
|
|
The Lords insist on their Amendment
6 for the following Reason— |
|
6A |
Because it is appropriate
that a relevant duty of care should be owed to anyone held in
|
|
|
|
|
|
10 |
Page 5, line 8, leave
out “or (b)” and insert “, (b) or (d)” |
|
|
COMMONS
DISAGREEMENT AND AMENDMENT IN LIEU |
|
|
The Commons disagree to Lords
Amendments Nos. 2, 3, 5, 6 and 10 but propose |
|
|
|
10A |
Page 2, line 43, at
end insert— |
|
|
|
|
|
|
|
|
|
|
“(5A) |
The Secretary of State
may by order make amendments to this section to the |
|
|
effect that a duty of care
owed by an organisation under the law of |
|
|
negligence to a person
who— |
|
|
(a) |
is in any specified form
of custody or detention, or is otherwise on |
|
|
premises of a specified
description or on premises in specified |
|
|
|
|
(b) |
is by reason of that fact
a person for whose safety the organisation |
|
|
|
|
|
is
a “relevant duty of care”. |
|
|
(5B) |
An order under subsection
(5A)— |
|
|
(a) |
may amend this Act so as
to specify exceptions with respect to the |
|
|
application of any provision
contained in this section as a result of |
|
|
|
|
(b) |
may make any amendment
to this Act that is incidental or |
|
|
supplemental to, or consequential
on, an amendment made by such |
|
|
|
|
(5C) |
An order under subsection
(5A) is subject to affirmative resolution |
|
|
|
|
lords
insistence and reason |
|
|
The Lords insist on their
Amendment 10 and disagree with the Commons in their |
|
|
Amendment 10A in lieu for the
following Reason— |
|
10B |
Because it is appropriate
that a relevant duty of care should be owed to anyone held in
|
|
|
|