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Corporate Manslaughter and Corporate Homicide Bill |
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MARSHALLED LIST OF MOTIONS TO BE MOVED ON CONSIDERATION OF |
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[The page and line references are to HL Bill 19, the bill as first printed for the Lords.] |
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2 | Page 2, line 29, at end insert— |
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| | “(d) | a duty owed to anyone held in custody.” |
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| | COMMONS disAGREEMENT and amendment in lieu |
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| | The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 2 for the following Reason— |
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2A | Because it is appropriate that a relevant duty of care should be owed to anyone held in |
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| | COMMONS INSISTENCE, NON-INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement with the Lords in their Amendments Nos. 2, 3, |
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| | 5, 6 and 10, do not insist on their Amendment 10A in lieu but propose Amendments 10C and |
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3 | Page 3, line 12, at end insert— |
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| | ““custody” includes being held in prison, secure mental healthcare facilities, |
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| | secure children’s homes, secure training centres, immigration removal |
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| | centres, court cells and police cells, and being subject to supervision by |
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| | court, prisoner and detainee escort services;” |
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| | COMMONS disAGREEMENT and amendment in lieu |
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| | The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 3 for the following Reason— |
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3A | Because it is appropriate that a relevant duty of care should be owed to anyone held in |
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| | COMMONS INSISTENCE, NON-INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement with the Lords in their Amendments Nos. 2, 3, |
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| | 5, 6 and 10, do not insist on their Amendment 10A in lieu but propose Amendments 10C and |
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5 | Page 3, line 37, leave out “or (b)” and insert “, (b) or (d)” |
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| | COMMONS DISAGREEMENT AND AMENDMENT IN LIEU |
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| | The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 5 for the following Reason— |
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5A | Because it is appropriate that a relevant duty of care should be owed to anyone held in |
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| | COMMONS INSISTENCE, NON-INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement with the Lords in their Amendments Nos. 2, 3, |
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| | 5, 6 and 10, do not insist on their Amendment 10A in lieu but propose Amendments 10C and |
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6 | Page 3, line 40, leave out “or (b)” and insert “, (b) or (d)” |
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| | COMMONS DISAGREEMENT AND AMENDMENT IN LIEU |
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| | The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 6 for the following Reason— |
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6A | Because it is appropriate that a relevant duty of care should be owed to anyone held in |
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| | COMMONS INSISTENCE, NON-INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement with the Lords in their Amendments Nos. 2, 3, |
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| | 5, 6 and 10, do not insist on their Amendment 10A in lieu but propose Amendments 10C and |
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10 | Page 5, line 8, leave out “or (b)” and insert “, (b) or (d)” |
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| | COMMONS DISAGREEMENT AND AMENDMENT IN LIEU |
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| | The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose |
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10A | Page 2, line 43, at end insert— |
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| | “(5A) | The Secretary of State may by order make amendments to this section to the effect |
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| | that a duty of care owed by an organisation under the law of negligence to a person |
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| | (a) | is in any specified form of custody or detention, or is otherwise on |
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| | premises of a specified description or on premises in specified |
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| | (b) | is by reason of that fact a person for whose safety the organisation is |
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| | | is a “relevant duty of care”. |
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| | (5B) | An order under subsection (5A)— |
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| | (a) | may amend this Act so as to specify exceptions with respect to the |
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| | application of any provision contained in this section as a result of such an |
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| | (b) | may make any amendment to this Act that is incidental or supplemental to, |
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| | or consequential on, an amendment made by such an order. |
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| | (5C) | An order under subsection (5A) is subject to affirmative resolution procedure.” |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 10 and disagree with the Commons in their |
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| | Amendment 10A in lieu for the following Reason— |
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10B | Because it is appropriate that a relevant duty of care should be owed to anyone held in |
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| | COMMONS INSISTENCE, NON-INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement with the Lords in their Amendments Nos. 2, 3, |
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| | 5, 6 and 10, do not insist on their Amendment 10A in lieu but propose Amendments 10C and |
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10C | Page 2, line 31, leave out “subsection (1)” and insert “this Act” |
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10D | Page 13, line 3, at end insert the following new Clause— |
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| | | “Power to extend meaning of “relevant duty of care” |
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| | (1) | The Secretary of State may by order make amendments to this Act to the effect that |
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| | a duty of care owed by an organisation under the law of negligence to a person |
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| | (a) | is in any specified form of custody or detention, or is otherwise on |
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| | premises of a specified description or on premises in specified |
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| | (b) | is by reason of that fact a person for whose safety the organisation is |
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| | | is a “relevant duty of care”. |
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| | (2) | An order under this section— |
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| | (a) | may amend this Act so as to specify exceptions, or to restrict or disapply |
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| | exceptions, as regards the application of any provision contained in this |
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| | Act as a result of such an order; |
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| | (b) | may make any amendment to this Act that is incidental or supplemental to, |
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| | or consequential on, an amendment made by such an order. |
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| | (3) | An order under this section is subject to affirmative resolution procedure.” |
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| | LORDS INSISTENCE AND REASON |
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| | The Lords insist on their Amendment 10 and disagree with the Commons in their |
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| | Amendments 10C and 10D in lieu for the following Reason— |
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10E | Because the Lords remain of the view that it is appropriate that a relevant duty of |
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| | care should be owed to anyone held in custody |
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| | COMMONS INSISTENCE, NON-INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement with the Lords in their Amendments Nos. 2, 3, |
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| | 5, 6 and 10, do not insist on their Amendments 10C and 10D in lieu but propose |
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| | Amendments 10F, 10G, 10H and 10I in lieu— |
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10F | Page 2, line 31, leave out “subsection (1)” and insert “this Act” |
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10G | Page 3, leave out line 25 |
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10H | Page 13, line 3, at end insert the following new Clause:— |
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| | | “Power to extend meaning of “relevant duty of care” |
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| | (1) | The Secretary of State may by order make amendments to this Act to the effect that |
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| | a duty of care owed by an organisation under the law of negligence to a person |
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| | (a) | is in any specified form of custody or detention, or is otherwise on |
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| | premises of a specified description or on premises in specified |
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| | (b) | is by reason of that fact a person for whose safety the organisation is |
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| | | is a “relevant duty of care”. |
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| | (2) | An order under this section— |
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| | (a) | may amend this Act so as to restrict or disapply exceptions as regards the |
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| | application of any provision contained in this Act as a result of such an |
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| | (b) | may make any amendment to this Act that is incidental or supplemental to, |
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| | or consequential on, an amendment made by such an order. |
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| | (3) | An order under this section is subject to affirmative resolution procedure.” |
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10I | As an amendment to the Clause inserted into the Bill after Clause 19 by Lords Amendment |
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| | ““premises” includes land, buildings and moveable structures;” |
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A | Baroness Ashton of Upholland to move, That this House do not insist on its |
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| | Amendments 2, 3, 5, 6 and 10 and do agree with the Commons in their Amend |
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| | ments 10F to 10I in lieu. |
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A1 | Lord Ramsbotham to move, as an amendment to Motion A, leave out from |
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| | “House” to the end and insert “do insist on its Amendments 2, 3, 5, 6 and 10 |
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| | and do disagree with the Commons in their Amendments 10F to 10I in lieu.” |
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