Corporate Manslaughter and Corporate Homicide Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 8th January 2007, as follows—
Clause 1
Schedule 1
Clauses 2 to 20 | Schedule 2
Clauses 21 to 23 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 1 | Page 1, line 3, after "organisation" insert "including a public authority" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 2 | Page 1, line 3, leave out from "if" to end of line 4 and insert "a management failure by the organisation—" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 3 | Page 1, line 4, leave out "or organised" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 4* | Page 1, line 7, at end insert "which would have been prevented had all reasonable precautions been taken and all due diligence exercised by those at senior management level within the organisation." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 5 | Page 1, line 11, at end insert— |
| "(d) | a partnership (as defined in section 1 of the Partnership Act 1890 (c. 39) (definition of partnership)), where that partnership is subject to some or all of the provisions of the Health and Safety at Work etc. Act 1974 (c. 37); |
| (e) | an unincorporated association, where it is subject to some or all of the provisions of the Health and Safety at Works etc. Act 1974; |
| (f) | a business association; |
| (g) | a public authority, as defined in section 3(4) of this Act." |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 6* | Page 1, line 11, at end insert— |
| "( ) | an unincorporated organisation." |
| 7 | Page 1, line 14, leave out subsection (3) |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 8 | Page 1, line 15, leave out "or organised" |
| | LORD WEDDERBURN OF CHARLTON
BARONESS TURNER OF CAMDEN |
| 9 | Page 1, line 21, leave out "far" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 10 | Page 1, line 23, leave out paragraph (c) |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 11 | Page 2, line 1, leave out "substantial" and insert "significant" |
| 12 | Page 2, line 3, leave out "substantial" and insert "significant" |
| | LORD WEDDERBURN OF CHARLTON
BARONESS TURNER OF CAMDEN |
| 13 | Page 2, line 4, at end insert ", or |
| (iii) | the performance of duties arising from a contract, an office or a fiduciary obligation, concerning matters substantially connected with those activities" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 14 | Page 2, line 4, at end insert— |
| "( ) | Where two or more organisations owe a relevant duty of care in relation to a discrete site or sites, each organisation may be separately found guilty of an offence under this section." |
| 15 | Page 2, line 9, at end insert— |
| "(5A) | No part of this Act shall be construed as preventing or in any way hindering action under section 37 of the Health and Safety at Work etc. Act 1974 (c. 37) (offences by bodies corporate)." |
| 16 | Page 2, line 11, at end insert— |
| "( ) | An organisation that is guilty of corporate manslaughter or corporate homicide is liable on conviction on indictment to— |
| (a) | make the conviction known by a statement in open court in terms approved by the court, and |
| (b) | give an undertaking to the court as to the manner of its publication." |
| 17 | Page 2, line 13, at end insert— |
| "(8) | Any penalty imposed under subsection (5A) shall be notified by the court to the Registrar of Companies and the Registrar of Companies in Scotland." |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 18* | Page 2, line 13, at end insert— |
| "( ) | An "unincorporated organisation", in subsection (2)(d) above, shall include— |
| (d) | business partnerships, |
| (g) | any other organisations that may be prescribed by Order made by the Secretary of State." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 19 | Insert the following new Clause— |
| | "Offence by holding company |
| (1) | In the case of a corporation which is found guilty of corporate manslaughter, any holding company of such a corporation shall be guilty of an offence if the holding company failed to take all reasonable steps to prevent such a corporation from committing the offence. |
| (2) | A corporation that is guilty of an offence under this section shall be liable on conviction on indictment to a fine. |
| (3) | An offence under this section is indictable in Scotland only in the High Court of Justiciary. |
| (4) | For the purposes of this section "holding company" has the meaning set out in section 736 of the Companies Act 1985 (c. 6) (interpretation)." |
| 20 | Insert the following new Clause— |
| | "Proceedings for offence under section 1 |
| (1) | Proceedings for an offence under section 1, alleged to have been committed by any unincorporated association or body other than a Crown body, shall be brought in the name of that association or body (and not in that of any individual member or other person) and for the purposes of such proceedings any rules of court relating to the service of documents apply as if that association or body were a corporation. |
| (2) | A fine imposed on an unincorporated association or body on its conviction of such an offence shall be paid out of the funds of that association or body. |
| (3) | In a case in which an unincorporated association or body is charged with such an offence, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged." |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 21 | Page 15, line 26, at end insert— |
| | "Her Majesty's Prison Service" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 22 | Page 2, line 16, after "any" insert "duty imposed on it by a statutory provision listed in Schedule 1A or any" |
| 23 | Page 2, leave out lines 17 to 29 and insert "duties owed by it under the law of negligence to any person" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 24 | Page 2, line 19, at end insert— |
| "(aa) | a duty to members of the public who may be affected by the way in which the persons referred to in paragraph (a) perform their duties;" |
| 25 | Page 2, line 22, after "supply" insert "or provision" |
| | LORD HUNT OF WIRRAL
LORD HENLEY
LORD RAMSBOTHAM |
| 26 | Page 2, line 29, at end insert— |
| "(d) | a duty owed to anyone held in custody" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 27 | Page 2, line 29, at end insert— |
| "(d) | a duty owed to anyone held in custody or otherwise lawfully detained" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 28 | Page 2, line 31, leave out subsection (3) |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 29 | Page 2, line 34, at end insert— |
| "( ) | The Secretary of State may amend Schedule 1A by order subject to affirmative resolution procedure." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 30 | Page 2, line 38, leave out subsection (5) |
| | LORD HUNT OF WIRRAL
LORD HENLEY
LORD RAZZALL
LORD LEE OF TRAFFORD |
| 31 | 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 services;" |
| | LORD WEDDERBURN OF CHARLTON
BARONESS TURNER OF CAMDEN |
| 32 | Page 3, line 24, at end insert "and |
| (d) | a relevant duty arising from a contract, an office or a fiduciary obligation." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 33 | Page 3, leave out lines 26 to 28 |
| | BARONESS TURNER OF CAMDEN
LORD HOYLE |
| 34 | Insert the following new Clause— |
| | "Offence by senior manager |
| (1) | A senior manager of an organisation is guilty of an offence if by his acts or omissions which amount to a gross breach of his duty he contributes to a breach under section 1. |
| (2) | For the purposes of this section, a person is a "senior manager" of an organisation if he plays a significant role in the making of decisions about how the activities of the organisation are managed or organised, and includes the chairman, managing director, chief executive, secretary or other director of the organisation. |
| (3) | A person guilty of an offence under subsection (1) is liable on conviction on indictment to— |
| (a) | imprisonment for a term not exceeding 6 months, or |
| (b) | a fine not exceeding the statutory maximum, |
| 35 | Insert the following new Clause— |
| | Any company director or senior manager who is found to have aided, abetted, counselled or procured the commission of an offence of corporate manslaughter or corporate homicide shall be liable to imprisonment for a period not exceeding seven years." |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 36 | Page 3, line 31, leave out subsection (1) |
| | LORD HUNT OF WIRRAL
LORD HENLEY
LORD RAZZALL
LORD COTTER |
| 37 | Page 3, line 35, leave out subsection (2) |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 38 | Page 3, line 37, leave out "or (b)" and insert ", (aa), (b), (c), or (d)" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 39 | Page 3, line 37, leave out "or (b)" and insert ", (b) or (d)" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 40 | Page 3, line 40, leave out "or (b)" and insert ", (aa), (b), (c) or (d)" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 41 | Page 3, line 40, leave out "or (b)" and insert ", (b) or (d)" |
| 42 | Page 3, line 40, at end insert— |
| "(3A) | 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 peformance by the organisation of the exclusively public function in question— |
| (a) | the nature of the exclusively public function and the context in which it was performed, |
| (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) | wider public interest considerations. |
| (3B) | Subsection (3A) applies where— |
| (a) | it is established that an organisation owed a relevant duty of care to a person, |
| (b) | the duty of care owed is in respect of things done in the exercise of an exclusively public function, and |
| (c) | it falls to the jury to decide whether there was a gross breach of that duty." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. |
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