House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

467

House of Commons

Thursday 28th June 2007

Proceedings

on Consideration of Lords Message

Corporate Manslaughter and Corporate Homicide Bill

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

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

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

Mr Gerry Sutcliffe
Agreed to on division

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;

Proceedings on Consideration of Lords Message: 28th June 2007
468

Corporate Manslaughter and Corporate Homicide Bill, continued

(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.’.

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;’.