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House of Commons

Thursday 28th June 2007

Consideration of Lords Message

Corporate Manslaughter and Corporate Homicide Bill

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On Consideration of a Lords Reason for insisting on their Amendments to which the Commons have

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disagreed and for disagreeing to the Commons Amendment to the Bill in lieu

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Lords Reasons Nos. 2B, 3B, 5B, 6B and 10E

Mr Gerry Sutcliffe

To move, That this House insists on its disagreement with the Lords in their Amendments Nos.

2, 3, 5, 6 and 10, but does not insist on its Amendments 10C and 10D in lieu and proposes the

following further Amendments to the Bill in lieu of Lords Amendments Nos. 2, 3, 5, 6 and 10:—

(a)

Page  2      ,  line  31  ,  leave out ‘subsection (1)’ and insert ‘this Act’.

(b)

Page  3,  leave out line 25.

(c)

Page  13      ,  line  3  ,  at end insert the following new Clause:—

‘Power to extend meaning of “relevant duty of care”

(1)	The Secretary of State may by order make amendments to this Act 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

circumstances, and

(b)	is by reason of that fact a person for whose safety the organisation is

responsible,

is a “relevant duty of care”.

(2)	An order under this section—

(a)	may amend this Act so as to restrict or disapply exceptions as regards the

application of any provision contained in this Act as a result of such an

order;

(b)	may make any amendment to this Act that is incidental or supplemental

to, or consequential on, an amendment made by such an order.

(3)	An order under this section is subject to affirmative resolution procedure.’.

Consideration of Lords Message: 28th June 2007

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Corporate Manslaughter and Corporate Homicide Bill, continued

As an Amendment to the Clause inserted into the Bill after Clause 19 by Lords Amendment

No. 33:—

Mr Gerry Sutcliffe

(d)

Line  30,  at end insert—

‘“premises” includes land, buildings and moveable structures;’.

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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Revised 28 June 2007