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Corporate Manslaughter and Corporate Homicide Bill


SECOND
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—

Clauses 2 to 20
Schedule 2
Clauses 21 to 23

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

LORD RAZZALL
LORD LEE OF TRAFFORD

22Page 2, line 16, after "any" insert "duty imposed on it by a statutory provision listed in Schedule 1A or any"
 

LORD RAZZALL
LORD COTTER

23Page 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

24Page 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;"
25Page 2, line 22, after "supply" insert "or provision"
 

LORD HUNT OF WIRRAL
LORD HENLEY
LORD RAMSBOTHAM

26Page 2, line 29, at end insert—
"(d)  a duty owed to anyone held in custody"
 

LORD RAZZALL
LORD LEE OF TRAFFORD

27Page 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

28Page 2, line 31, leave out subsection (3)
 

LORD RAZZALL
LORD LEE OF TRAFFORD

29Page 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

30Page 2, line 38, leave out subsection (5)
 

LORD HUNT OF WIRRAL
LORD HENLEY
LORD RAZZALL
LORD LEE OF TRAFFORD

31Page 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

32Page 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

33Page 3, leave out lines 26 to 28
 

After Clause 2

 

BARONESS TURNER OF CAMDEN
LORD HOYLE

34Insert 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,
  or to both."
35Insert the following new Clause—
  "Aiding and abetting etc
  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."
 

Clause 3

 

LORD RAZZALL
LORD LEE OF TRAFFORD

36Page 3, line 31, leave out subsection (1)
 

LORD HUNT OF WIRRAL
LORD HENLEY
LORD RAZZALL
LORD COTTER

37Page 3, line 35, leave out subsection (2)
 

LORD HUNT OF WIRRAL
LORD HENLEY

38Page 3, line 37, leave out "or (b)" and insert ", (aa), (b), (c), or (d)"
 

LORD RAZZALL
LORD LEE OF TRAFFORD

39Page 3, line 37, leave out "or (b)" and insert ", (b) or (d)"
 

LORD HUNT OF WIRRAL
LORD HENLEY

40Page 3, line 40, leave out "or (b)" and insert ", (aa), (b), (c) or (d)"
 

LORD RAZZALL
LORD LEE OF TRAFFORD

41Page 3, line 40, leave out "or (b)" and insert ", (b) or (d)"
42Page 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.
 

After Clause 3

 

BARONESS TURNER OF CAMDEN
LORD HOYLE

43Insert the following new Clause—
  "Public information
(1)  A court before which an organisation or person is convicted under this Act may make an order that the organisation makes public in a manner and form to be decided by the court details of any or all of the following—
(a)  the offence of which the organisation or person was convicted;
(b)  the sentence imposed;
(c)  any measures to be taken by the organisation to reduce the likelihood of its committing further offences; and
(d)  any other matter relating to the offence or sentence which the court considers appropriate.
(2)  An organisation that fails to comply with an order under this section is guilty of an offence and liable on conviction on indictment to a fine."
 

Clause 4

 

LORD RAZZALL
LORD LEE OF TRAFFORD

44Page 4, line 12, leave out "in preparation for, or"
 

LORD HUNT OF WIRRAL
LORD HENLEY

45Page 4, line 32, at end insert—
"(5)  This section shall not apply where the relevant duty of care in respect of which the Ministry of Defence was in breach was a duty to provide adequate equipment or training, or was a failure to provide for such reinforcements as might reasonably have been expected."
 

LORD RAZZALL
LORD LEE OF TRAFFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Clause 5

 

LORD HUNT OF WIRRAL
LORD HENLEY

46Page 4, line 34, leave out subsection (1) and insert—
"(1)  Subject to subsection (5), subsection (3) shall apply where—
(a)  it is established that a public authority owed a relevant duty of care to a person,
(b)  the duty of care was owed in respect of—
(i)  operations within subsection (2),
(ii)  activities carried on in preparation for, or directly in support of, such operations,
(iii)  training of a necessarily hazardous nature, or training carried out in a necessarily hazardous way, in order to improve or maintain the effectiveness of the police with respect to such operations, or
(iv)  policing or law enforcement activities which do not fall within section 2(1)(a) or (b), and
(c)  it falls to the jury to decide whether there was a gross breach of that duty of care."
47Page 4, line 34, at beginning insert "Subject to subsection (5),"
48Page 4, line 34, after "authority" insert ", other than a person referred to in section 2(1)(aa),"
 

LORD RAZZALL
LORD LEE OF TRAFFORD

49Page 4, line 36, leave out "in preparation for, or"
 

LORD HUNT OF WIRRAL
LORD HENLEY

50Page 4, line 38, leave out paragraph (c)
51Page 4, line 43, leave out subsection (2)
 

LORD RAZZALL
LORD LEE OF TRAFFORD

52Page 5, line 6, leave out subsections (3) and (4)
 

LORD HUNT OF WIRRAL
LORD HENLEY

53Page 5, line 6, leave out subsection (3) and insert—
"(3)  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 performance by the organisation of the operation, activity or training in question—
(a)  the nature of the operation, activity or training 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)  resource constraints, and
(d)  public interest considerations."
54Page 5, line 8, leave out "or (b)" and insert ", (aa), (b), (c) or (d)"
55Page 5, line 22, at end insert—
"(   )  the management of a prison, young offender's institution, police custody unit, immigration accommodation centre or any other place of lawful detention."
56Page 5, line 25, at end insert—
"(5)  This section shall not apply where the duty of care in respect of which the public authority was in breach was a duty to provide adequate equipment, training, control or supervision."
 

LORD RAZZALL
LORD COTTER

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

After Clause 5

 

LORD HUNT OF WIRRAL
LORD HENLEY

57Insert the following new Clause—
  "Gross breach: factors to be considered by jury
(1)  When determining whether there has been a gross breach of a relevant duty of care by—
(a)  the Ministry of Defence, or
(b)  a public authority in respect of other policing or law enforcement activities,
  a jury must consider the factors listed in subsection (2).
(2)  The factors to be taken into consideration by a jury are—
(a)  the nature of the operation, activity or training and the context in which it was performed;
(b)  other relevant factors to which the organisation was subject, including statutory duties and duties of care under the law of negligence;
(c)  resource constraints; and
(d)  public interest considerations;
 where they are shown to have affected the performance by the organisation of the operation, activity or training in question."

 
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©Parliamentary copyright 2007
12 January 2007