House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Corporate Manslaughter and Corporate Homicide Bill

Corporate Manslaughter and Corporate Homicide Bill
MARSHALLED LIST OF MOTIONS TO BE MOVED ON CONSIDERATION OF
COMMONS AMENDMENT
[The page and line references are to HL Bill 19, the bill as first printed for the Lords.]
MOTION A
(LORDS AMENDMENTS NOS. 2, 3, 5, 6 AND 10)
Clause 2
LORDS AMENDMENT NO. 2
2
Page 2, line 29, at end insert—

“(d)
a duty owed to anyone held in custody.”

COMMONS disAGREEMENT and amendment in lieu

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

Amendment 10A in lieu.

LORDS AMENDMENT NO. 3
3
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;”

COMMONS disAGREEMENT and amendment in lieu

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

Amendment 10A in lieu.

HL Bill 72—I 54/2

Corporate Manslaughter and Corporate Homicide Bill
2

Clause 3
LORDS AMENDMENT NO. 5
5
Page 3, line 37, leave out “or (b)” and insert “, (b) or (d)”

COMMONS DISAGREEMENT AND AMENDMENT IN LIEU

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

Amendment 10A in lieu.

LORDS AMENDMENT NO. 6
6
Page 3, line 40, leave out “or (b)” and insert “, (b) or (d)”

COMMONS DISAGREEMENT AND AMENDMENT IN LIEU

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

Amendment 10A in lieu.
Clause 5
LORDS AMENDMENT NO. 10
10
Page 5, line 8, leave out “or (b)” and insert “, (b) or (d)”

COMMONS DISAGREEMENT AND AMENDMENT IN LIEU

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

Amendment 10A in lieu—
10A
Page 2, line 43, at end insert—

“(5A)
The Secretary of State may by order make amendments to this section to the effect

that a duty of care owed by an organisation under the law of negligence to a person

who—

(a)
is in any specified form of custody or detention, or is otherwise on

premises of a specified description or on premises in specified

circumstances, and

(b)
is by reason of that fact a person for whose safety the organisation is

responsible,


is a “relevant duty of care”.

(5B)
An order under subsection (5A)—

(a)
may amend this Act so as to specify exceptions with respect to the

application of any provision contained in this section as a result of such an

order;

(b)
may make any amendment to this Act that is incidental or supplemental to,

or consequential on, an amendment made by such an order.

(5C)
An order under subsection (5A) is subject to affirmative resolution procedure.”

MOTION A
A

Baroness Scotland of Asthal to move, That this House do not insist on its Amendments 2, 3, 5, 6 and 10 and do agree with the Commons in their Amendment 10A in lieu.

Lord Ramsbotham to move, as an amendment to Motion A, leave out from

“House” to the end and insert “do insist on its Amendments 2, 3, 5, 6 and 10

and do disagree with the Commons in their Amendment 10A in lieu.”

Corporate Manslaughter and Corporate Homicide Bill