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Corporate Manslaughter and Corporate Homicide Bill


FOURTH
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 9 to 20
Schedule 2
Clauses 21 to 23

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 9

 

LORD HUNT OF WIRRAL
LORD HENLEY

80Page 8, line 10, leave out "("the relevant breach")"
81*Page 8, line 11, leave out "the relevant breach" and insert "that"
82Page 8, line 13, leave out paragraph (c)
 

BARONESS TURNER OF CAMDEN
LORD HOYLE

83Page 8, line 15, at end insert—
"(   )  An order under subsection (1) shall—
(a)  identify a person or persons within the organisation to be responsible for ensuring that steps are taken; and
(b)  require that there is a report back to the court with details of the steps taken."
 

LORD RAZZALL
LORD LEE OF TRAFFORD

84Page 8, line 15, at end insert—
"(   )  A court before which an organisation is convicted of corporate manslaughter or corporate homicide may order it to take specified steps to—
(a)  prevent the occurrence of future instances of the breach mentioned in section 1(1),
(b)  publicise its conviction for corporate manslaughter or corporate homicide and any associated convictions, or
(c)  make reparation to any person or persons particularly affected by the death of the victim of corporate manslaughter or corporate homicide, or to the public or any section of the public."
85Page 8, line 16, leave out "only"
86Page 8, line 17, at end insert ", or on the court's own motion"
 

LORD HUNT OF WIRRAL
LORD HENLEY

87Page 8, line 22, leave out subsection (3)
 

BARONESS TURNER OF CAMDEN
LORD HOYLE

88Page 8, line 30, at end insert—
"(   )  A person referred to in any order as being responsible for the specified steps may be guilty of contempt if the specified steps are not taken."
 

LORD WEDDERBURN OF CHARLTON
BARONESS TURNER OF CAMDEN

89Page 8, line 30, at end insert—
"(   )  Where such failure is substantially caused by the act or omission of a member of senior management such person shall be guilty of an offence and liable on conviction on indictment to a fine and in the case of a director, including a shadow director, liable to an order of disqualification for such period as the court thinks fit."
 

Clause 15

 

LORD RAZZALL
LORD LEE OF TRAFFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 16

 

LORD RAZZALL
LORD LEE OF TRAFFORD

90Page 12, line 17, leave out "cannot" and insert "can"
91Page 12, line 19, leave out "cannot" and insert "can"
 

LORD WEDDERBURN OF CHARLTON
BARONESS TURNER OF CAMDEN

92Leave out Clause 16 and insert the following new Clause—
  "Liability etc
(1)  This Act affects the primary criminal liability of organisations and not of individuals.
(2)  Nothing in this Act affects the secondary liability of any person for aiding, abetting, counselling or procuring the offence of corporate manslaughter or the offence of corporate homicide, or for being art or part in such offence.
(3)  Nothing in this Act affects the law of conspiracy.
(4)  An offence under this Act constitutes an illegal act or illegal means for the purposes of the law of tort."
 

BARONESS TURNER OF CAMDEN
LORD HOYLE

 The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill.
 

After Clause 16

 

LORD LLOYD OF BERWICK

93Insert the following new Clause—
  "Limitation of proceedings
  Proceedings for an offence of corporate manslaughter may not be instituted against an organisation if an action for damages for negligence would be time barred under the provisions of the Limitation Act 1980 (c. 58)."
 

Before Schedule 2

 

LORD RAZZALL
LORD LEE OF TRAFFORD

94Insert the following new Schedule—
     

    "SCHEDULE 1A

     

    LIST OF STATUTORY PROVISIONS

      Fire Precautions Act of 1971 (c. 40)
      Civil Aviation Act 1982 (c. 16)
      Building Act 1984 (c. 55)
      Section 11 of the Food and Environment Protection Act 1985   (c.   48)
      Sections 41 and 45 of the Transport and Works Act 1992 (c. 42)
      Activity Centres (Young Persons' Safety) Act 1995 (c. 15)
      Merchant Shipping Act 1995 (c. 21)
      Section 44 of the Employment Rights Act 1996 (c. 18)
      Human Rights Act 1998 (c. 42)
      Section 157 of the Education Act 2002 (c. 32)
      Railways and Transport Safety Act 2003 (c. 20)
      Gangmasters (Licensing) Act 2004 (c. 11)"
 

Clause 22

 

LORD HUNT OF WIRRAL
LORD HENLEY

95Page 14, line 8, at end insert—
"(   )  in any place outside of the United Kingdom, where an inquest or fatal accident inquiry held in England, Wales, Scotland or Northern Ireland has brought a verdict of "unlawful killing" and the death was caused by circumstances identifiable under section 1(1) of this Act."
 

LORD RAZZALL
LORD LEE OF TRAFFORD

96Page 14, line 8, at end insert—
"(   )  in any place of detention managed by the United Kingdom armed forces, if the person in section 1(1)(a) is detained by the United Kingdom armed forces in that place."
97Page 14, line 14, at end insert—
"(   )  Section 1 also applies if the harm resulting in the death took place outside the United Kingdom, but the conduct set out in section 1(1) of this Act took place substantially within the United Kingdom."

 
 
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©Parliamentary copyright 2007
18 January 2007