Corporate Manslaughter and Corporate Homicide Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 29th 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.
| | BARONESS SCOTLAND OF ASTHAL
LORD HUNT OF WIRRAL |
| 1 | Page 1, line 11, leave out from "force" to end of line 13 and insert— |
| "( ) | a partnership, or a trade union or employers' association, that is an employer." |
| | BARONESS SCOTLAND OF ASTHAL |
| 2 | Page 15, line 34, at end insert— |
| | "National School of Government" |
| | LORD RAMSBOTHAM
LORD HUNT OF WIRRAL
LORD LEE OF TRAFFORD
LORD JUDD |
| 3 | Page 2, line 34, at end insert— |
| "(d) | a duty owed to anyone held in custody." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 4 | Page 2, line 34, at end insert— |
| "(e) | a duty owed to members of the public who may be affected by the way in which the persons referred to in paragraph (a) perform their duties;" |
| | LORD RAMSBOTHAM
LORD HUNT OF WIRRAL
LORD LEE OF TRAFFORD
LORD JUDD |
| 5 | Page 3, line 18, 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;" |
| | BARONESS SCOTLAND OF ASTHAL |
| 6 | Page 3, leave out lines 32 to 34 |
| | BARONESS TURNER OF CAMDEN
LORD HOYLE |
| 7 | Insert the following new Clause— |
| | "Offence by member of senior management |
| (1) | A member of senior management, responsible under section 1(3), shall be 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) | A person guilty of an offence under this section is liable on conviction to— |
| (a) | imprisonment for a term deemed appropriate by the court, or |
| (b) | a fine not exceeding the statutory maximum, or to both." |
| | BARONESS TURNER OF CAMDEN
LORD WEDDERBURN OF CHARLTON
LORD HOYLE |
| 8 | Insert the following new Clause— |
| | A member of senior management 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 HUNT OF WIRRAL
LORD HENLEY |
| 9 | Page 3, line 41, leave out subsection (2) |
| 10 | Page 3, line 43, leave out "or (b)" and insert ", (b), (c), (d) or (e)" |
| | LORD RAMSBOTHAM
LORD HUNT OF WIRRAL
LORD LEE OF TRAFFORD |
| 11 | Page 3, line 43, leave out "or (b)" and insert "(b) or (d)" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 12 | Page 3, line 46, leave out "or (b)" and insert ", (b), (c), (d) or (e)" |
| | LORD RAMSBOTHAM
LORD HUNT OF WIRRAL
LORD LEE OF TRAFFORD |
| 13* | Page 3, line 46, leave out "or (b)" and insert "(b) or (d)" |
| | BARONESS SCOTLAND OF ASTHAL |
| 14 | Page 4, leave out lines 6 to 8 |
| 15 | Page 4, leave out lines 11 to 13 |
| | BARONESS TURNER OF CAMDEN
BARONESS GIBSON OF MARKET RASEN
LORD WEDDERBURN OF CHARLTON
LORD HOYLE |
| 16 | Insert the following new Clause— |
| (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 which fails to comply with an order under this section is guilty of an offence and liable on conviction on indictment to a fine." |
| | BARONESS SCOTLAND OF ASTHAL |
| 17 | Page 4, leave out lines 31 to 33 |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 18 | Page 4, line 43, leave out paragraph (c) |
| 19 | Page 5, line 10, leave out subsection (3) and insert— |
| "(3) | Subsection (3A) shall apply where— |
| (a) | it is established that a public authority owed a relevant duty of care to a person, |
| (b) | that duty of care was owed in respect of— |
| (i) | policing or law-enforcement activities which do not fall within section 2(1)(a) or (b), or |
| (ii) | training of a hazardous nature, or training carried out in a hazardous way, which it is considered needs to be carried out, or carried out in that way, in order to improve or maintain the effectiveness of officers or employees of the public authority with respect to such operations, and |
| (c) | it falls to the jury to determine whether there was a gross breach of that duty of care. |
| (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 performance by the organisation of the activity or training in question— |
| (a) | the nature of the 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." |
| 20 | Page 5, line 12, leave out "or (b)" and insert ", (b), (c), (d) or (e)" |
| | LORD RAMSBOTHAM
LORD HUNT OF WIRRAL
LORD LEE OF TRAFFORD |
| 21 | Page 5, line 12, leave out "or (b)" and insert "(b) or (d)" |
| | BARONESS SCOTLAND OF ASTHAL |
| 22 | Page 5, leave out lines 27 to 29 |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 23 | Page 5, line 38, 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);" |
| | BARONESS SCOTLAND OF ASTHAL |
| 24 | Page 6, leave out line 23 |
| | BARONESS SCOTLAND OF ASTHAL |
| 25 | Page 7, line 19, leave out subsection (4) |
| 26 | Insert the following new Clause— |
| | A duty of care owed by a person only in his capacity as a trustee shall not constitute a relevant duty of care." |
| | BARONESS SCOTLAND OF ASTHAL |
| 27 | Page 8, leave out lines 1 to 5 |
| 28 | Page 8, leave out lines 11 to 13 |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 29 | Insert the following new Clause— |
| | "Power to order publication of offence |
| (1) | 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. |
| (2) | Any penalty imposed under this Act shall be notified by the court to the Registrar of Companies and the Registrar of Companies in Scotland." |
| | BARONESS SCOTLAND OF ASTHAL |
| 30 | Page 8, line 17, leave out "order it" and insert "make an order (a "remedial order") requiring the organisation" |
| | BARONESS TURNER OF CAMDEN
LORD HOYLE |
| 31 | Page 8, line 23, at end insert— |
| "(1A) | 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." |
| | BARONESS SCOTLAND OF ASTHAL |
| 32 | Page 8, line 24, leave out "An order under subsection (1)" and insert "A remedial order" |
| 33 | Page 8, line 30, leave out "an order under subsection (1)" and insert "a remedial order" |
| 34 | Page 8, line 33, leave out subsection (4) and insert— |
| (a) | must specify a period within which the steps referred to in subsection (1) are to be taken; |
| (b) | may require the organisation to supply to an enforcement authority consulted under subsection (3), within a specified period, evidence that those steps have been taken. |
| | A period specified under this subsection may be extended or further extended by order of the court on an application made before the end of that period or extended period." |
| 35 | Page 8, line 37, leave out "an order under this section" and insert "a remedial order" |
| | BARONESS TURNER OF CAMDEN
LORD HOYLE |
| 36 | Page 8, line 38, at end insert— |
| "( ) | A person referred to in any order as being responsible for the specified steps may be found guilty of contempt if the specified steps are not taken." |
| | BARONESS SCOTLAND OF ASTHAL |
| 37 | Page 8, line 39, leave out subsection (6) |
| | BARONESS SCOTLAND OF ASTHAL
LORD HUNT OF WIRRAL |
| 38 | Insert the following new Clause— |
| | "Power to order conviction etc to be publicised |
| (1) | A court before which an organisation is convicted of corporate manslaughter or corporate homicide may make an order (a "publicity order") requiring the organisation to publicise in a specified manner— |
| (a) | the fact that it has been convicted of the offence; |
| (b) | specified particulars of the offence; |
| (c) | the amount of any fine imposed; |
| (d) | the terms of any remedial order made. |
| (2) | In deciding on the terms of a publicity order that it is proposing to make, the court must— |
| (a) | ascertain the views of such enforcement authority or authorities (if any) as it considers appropriate; and |
| (b) | have regard to any representations made by the prosecution or on behalf of the organisation. |
| (a) | must specify a period within which the requirements referred to in subsection (1) are to be complied with; |
| (b) | may require the organisation to supply to any enforcement authority whose views have been ascertained under subsection (2), within a specified period, evidence that those requirements have been complied with. |
| (4) | An organisation that fails to comply with a publicity order is guilty of an offence, and liable on conviction on indictment to a fine." |
|
