Corporate Manslaughter and Corporate Homicide Bill
REVISED
THIRD
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 4 to 20
Schedule 2 | Clauses 21 to 23 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 44 | Page 4, line 12, leave out "in preparation for, or" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 45 | Page 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. |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 46 | Page 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." |
| 47 | Page 4, line 34, at beginning insert "Subject to subsection (5)," |
| 48 | Page 4, line 34, after "authority" insert ", other than a person referred to in section 2(1)(aa)," |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 49 | Page 4, line 36, leave out "in preparation for, or" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 50 | Page 4, line 38, leave out paragraph (c) |
| 51 | Page 4, line 43, leave out subsection (2) |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 52 | Page 5, line 6, leave out subsections (3) and (4) |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 53 | Page 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." |
| 54 | Page 5, line 8, leave out "or (b)" and insert ", (aa), (b), (c) or (d)" |
| 55 | Page 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." |
| 56 | Page 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." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill. |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 57 | Insert 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." |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 58 | Page 5, line 27, leave out subsection (1) and insert— |
| "(1) | This section shall apply where— |
| (a) | it is established that an organisation within section 2 owed a relevant duty of care to a person, |
| (b) | the duty of care does not fall within section 2(1)(a) or (b) and was owed— |
| (i) | by an organisation within section 2 in respect of the way in which it responds to emergency circumstances (or circumstances believed to be emergency circumstances), |
| (ii) | in respect of the carrying out, or attempted carrying out, of a rescue operation at sea in emergency circumstances (or circumstances believed to be emergency circumstances), or |
| (iii) | in respect of action taken either in order to comply with a direction under Schedule 3A to the Merchant Shipping Act 1995 (c. 21) (safety directions), or by virtue of paragraph 4 of that Schedule (action in lieu of direction), and |
| (c) | it falls to the jury to decide whether there was a gross breach of the duty of care." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 59 | Page 5, line 34, leave out paragraph (d) and insert— |
| "(d) | any other organisation employing people whose duties involve extinguishing fires, or protecting life and property in the event of fire, or responding to emergency circumstances (or circumstances believed to be emergency circumstances);" |
| 60 | Page 5, line 35, after "circumstances" insert "(or circumstances believed to be emergency circumstances)" |
| 61 | Page 5, line 40, at end insert "including any organisation providing healthcare services" |
| | BARONESS SCOTLAND OF ASTHAL |
| 62 | Page 5, line 42, at end insert ", or |
| (ii) | made with the Secretary of State or with the Welsh Ministers;" |
| 63 | Page 5, line 44, leave out from "arrangements" to end of line 45 and insert "of the kind mentioned in paragraph (f)" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 64 | Page 6, line 1, leave out subsections (3) and (4) |
| 65 | Page 6, line 2, after "circumstances" insert "(or circumstances believed to be emergency circumstances)" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 66 | Page 6, line 8, leave out subsections (5) and (6) and insert— |
| "( ) | When determining whether there was a gross breach of the duty of care, the jury must consider any of the following factors which are shown to have affected the performance by the organisation of the response, rescue operation or action in question— |
| (a) | the nature of the emergency to which the organisation was responding, |
| (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) | public interest considerations." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 67 | Page 6, line 9, after "circumstances" insert "(or circumstances believed to be emergency circumstances)" |
| 68 | Page 6, line 22, at end insert "provided that the treatment of a medical condition shall not be regarded as emergency circumstances where it takes place within a hospital, trauma centre, clinic, primary care centre, surgery or other healthcare facility generally providing treatment to patients" |
| 69 | Page 6, leave out lines 23 and 24 |
| | BARONESS SCOTLAND OF ASTHAL |
| 70 | Page 6, line 26, leave out paragraph (a) and insert— |
| "( ) | a Strategic Health Authority, Primary Care Trust, NHS trust, Special Health Authority or NHS foundation trust in England; |
| ( ) | a Local Health Board, NHS trust or Special Health Authority in Wales;" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 71 | Page 6, line 39, leave out subsection (8) |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill. |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 72 | Page 6, line 42, leave out subsections (1) and (2) and insert— |
| "(1) | Subsection (2) below shall apply where— |
| (a) | it is established that a local authority or other public authority owed a relevant duty of care to a person, |
| (b) | the duty of care does not fall within section 2(1)(a) or (b) and is owed in respect of the exercise by it of functions conferred by or under— |
| (i) | the Children Act 1989 (c. 41), |
| (ii) | Part 2 of the Children (Scotland) Act 1995 (c. 36), or |
| (iii) | the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 2)), |
| | so far as relating to the protection of children from harm, and |
| (c) | it falls to the jury to decide whether there was a gross breach of the duty of care. |
| (2) | When determining whether there was a gross breach of the duty of care, the jury must consider any of following factors which are shown to have affected the exercise by the organisation of its functions— |
| (a) | other relevant duties to which the organisation was subject, including statutory duties and duties of care under the law of negligence, |
| (b) | resource constraints, and |
| (c) | public interest considerations." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 73 | Page 6, line 43, at end insert "; or, in the case of a duty of care under subsection (2), relates to the duty of care that a local authority or other public authority owes to a child that has been placed in care" |
| 74 | Page 7, line 1, leave out "Parts 4 and 5 of" |
| 75 | Page 7, line 3, leave out "Parts 5 and 6 of" |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 76 | Page 7, line 5, leave out subsection (3) and insert— |
| "(3) | When determining whether there was a gross breach of the duty of care, the jury must consider any of the following factors which are shown to have affected the exercise by the organisation of its functions— |
| (a) | other relevant duties to which the organisation was subject, including statutory duties and duties of care under the law of negligence, |
| (b) | resource constraints, and |
| (c) | public interest considerations. |
| (4) | Subsection (3) shall apply where— |
| (a) | it is established that a local probation board or other public authority owed a relevant duty of care to a person, |
| (b) | the duty of care does not fall within section 2(1)(a) or (b) and is owed in respect of the exercise by it of functions conferred by or under— |
| (i) | Chapter 1 of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43), |
| (ii) | section 27 of the Social Work (Scotland) Act 1968 (c. 49), or |
| (iii) | Article 4 of the Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10)), and |
| (c) | it falls to the jury to decide whether there was a gross breach of the duty of care." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. |
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