House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

519

House of Commons

Wednesday 18th July 2007

Proceedings

on Consideration of Lords Message

Corporate Manslaughter and Corporate Homicide Bill

On Consideration of the Lords Message insisting on Amendments to which the Commons have

disagreed, disagreeing to Commons Amendments in lieu and proposing Amendments in lieu of

those Commons Amendments

Lords Amendments Nos. 2, 3, 5, 6, 10, 10P and 10Q

Mr Secretary Straw
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; does not insist on its Amendments 10K to 10N in lieu but disagrees with the Lords

in their Amendments 10P and 10Q in lieu of those amendments; and proposes the following further

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

  (a)

Page  2      ,  line  29  ,  at end insert—

‘(d)
a duty owed to a person who, by reason of being a person within

subsection (1A), is someone for whose safety the organisation is

responsible.

(1A)
A person is within this subsection if—

(a)
he is detained at a custodial institution or in a custody area at a court or

police station;

(b)
he is detained at a removal centre or short-term holding facility;

(c)
he is being transported in a vehicle, or being held in any premises, in

pursuance of prison escort arrangements or immigration escort

arrangements;

(d)
he is living in secure accommodation in which he has been placed;

(e)
he is a detained patient.’.

  (b)

Page  3,  line  12,  at end insert—


‘“custodial institution” means a prison, a young offender institution, a secure

training centre, a young offenders institution, a young offenders centre, a juvenile

justice centre or a remand centre;

Proceedings on Consideration of Lords Message: 18th July 2007
520

Corporate Manslaughter and Corporate Homicide Bill, continued

“detained patient” means—

(a)
a person who is detained in any premises under—

(i)
Part 2 or 3 of the Mental Health Act 1983 (c. 20) (“the 1983

Act”), or

(ii)
Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986

(S.I. 1986/595 (N.I. 4)) (“the 1986 Order”);

(b)
a person who (otherwise than by reason of being detained as mentioned

in paragraph (a)) is deemed to be in legal custody by—

(i)
section 137 of the 1983 Act,

(ii)
Article 131 of the 1986 Order, or

(iii)
article 11 of the Mental Health (Care and Treatment) (Scotland)

Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/

2078);

(c)
a person who is detained in any premises, or is otherwise in custody,

under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp

13) or Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or

who is detained in a hospital under section 200 of that Act of 1995;


“immigration escort arrangements” means arrangements made under section 156

of the Immigration and Asylum Act 1999 (c. 33);’.

  (c)

Page  3,  leave out line 25.

  (d)

Page  3,  line  25,  at end insert—


‘“prison escort arrangements” means arrangements made under section 80 of the

Criminal Justice Act 1991 (c. 53) or under section 102 or 118 of the Criminal

Justice and Public Order Act 1994 (c. 33);

“removal centre” and “short-term holding facility” have the meaning given by

section 147 of the Immigration and Asylum Act 1999 (c. 33);

“secure accommodation” means accommodation, not consisting of or forming

part of a custodial institution, provided for the purpose of restricting the liberty of

persons under the age of 18.’.

  (e)

Page  3,  line  37,  leave out ‘or (b)’ and insert ‘, (b) or (d)’.

  (f)

Page  5,  line  8,  leave out ‘or (b)’ and insert ‘, (b) or (d)’.

  (g)

Page  6,  line  43,  leave out ‘or (b)’ and insert ‘, (b) or (d)’.

  (h)

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


‘Power to extend section 2(1A)

(1)
The Secretary of State may by order amend section 2(1A) to make it include any

category of person (not already included) who—

(a)
is required by virtue of a statutory provision to remain or reside on

particular premises, or

(b)
is otherwise subject to a restriction of his liberty.

(2)
An order under this section may make any amendment to this Act that is

incidental or supplemental to, or consequential on, an amendment made by virtue

of subsection (1).

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

  (i)

Page  13,  line  20,  at end insert—

Proceedings on Consideration of Lords Message: 18th July 2007
521

Corporate Manslaughter and Corporate Homicide Bill, continued

‘( )
An order bringing into force paragraph (d) of section 2(1) is subject to affirmative

resolution procedure.’.

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

Amendment No. 33:—

  (j)

Line  30,  at end insert—


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