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Corporate Manslaughter and Corporate Homicide Bill |
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MARSHALLED LIST OF MOTIONS and amendment TO BE MOVED ON |
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CONSIDERATION OF COMMONS AMENDMENTS |
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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 |
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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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2B | Because the Lords remain of the view that it is appropriate that a relevant duty of care |
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| 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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| LORDS INSISTENCE AND REASON |
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| The Lords insist on their Amendment 2 for the following Reason— |
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2C | Because the Lords remain of the view that it is appropriate that a relevant duty of care |
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| 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 10F, 10G, 10H and 10I in lieu but propose |
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| Amendments 10K, 10L, 10M and 10N in lieu. |
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| lords insistence, disagreement and amendments in lieu |
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| The Lords insist on their amendments 2, 3, 5, 6 and 10, disagree with the Commons in their |
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| Amendments 10K, 10L, 10M and 10N in lieu but propose Amendments 10P and 10Q in |
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| Commons insistence, non-insistence, disagreement and |
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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 10K, 10L, 10M and 10N in lieu, disagree |
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| with the Lords in their Amendments Nos. 10P and 10Q but propose Amendments 10R, |
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| 10S, 10T, 10U, 10V, 10W, 10X, 10Y, 10Z and 10AA in lieu. |
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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 |
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| facilities, secure children’s homes, secure training centres, |
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| immigration removal centres, court cells and police cells, and being |
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| subject to supervision by court, prisoner and detainee escort |
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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 |
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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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3B | Because the Lords remain of the view that it is appropriate that a relevant duty of care |
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| 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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| lords insistence and reason |
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| The Lords insist on their Amendment 3 for the following Reason— |
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3C | Because the Lords remain of the view that it is appropriate that a relevant duty of care |
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| 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 10F, 10G, 10H and 10I in lieu but propose |
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| Amendments 10K, 10L, 10M and 10N in lieu. |
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| lords insistence, disagreement and amendments in lieu |
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| The Lords insist on their amendments 2, 3, 5, 6 and 10, disagree with the Commons in their |
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| Amendments 10K, 10L, 10M and 10N in lieu but propose Amendments 10P and 10Q in |
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| Commons insistence, non-insistence, disagreement and |
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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 10K, 10L, 10M and 10N in lieu, disagree |
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| with the Lords in their Amendments Nos. 10P and 10Q but propose Amendments 10R, |
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| 10S, 10T, 10U, 10V, 10W, 10X, 10Y, 10Z and 10AA in lieu. |
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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 |
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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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5B | Because the Lords remain of the view that it is appropriate that a relevant duty of care |
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| 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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| lords insistence and reason |
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| The Lords insist on their Amendment 5 for the following Reason— |
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5C | Because the Lords remain of the view that it is appropriate that a relevant duty of care |
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| 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 10F, 10G, 10H and 10I in lieu but propose |
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| Amendments 10K, 10L, 10M and 10N in lieu. |
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| lords insistence, disagreement and amendments in lieu |
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| The Lords insist on their amendments 2, 3, 5, 6 and 10, disagree with the Commons in their |
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| Amendments 10K, 10L, 10M and 10N in lieu but propose Amendments 10P and 10Q in |
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| Commons insistence, non-insistence, disagreement and |
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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 10K, 10L, 10M and 10N in lieu, disagree |
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| with the Lords in their Amendments Nos. 10P and 10Q but propose Amendments 10R, |
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| 10S, 10T, 10U, 10V, 10W, 10X, 10Y, 10Z and 10AA in lieu. |
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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 |
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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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6B | Because the Lords remain of the view that it is appropriate that a relevant duty of care |
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| 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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| lords insistence and reason |
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| The Lords insist on their Amendment 6 for the following Reason— |
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6C | Because the Lords remain of the view that it is appropriate that a relevant duty of care |
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| 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 10F, 10G, 10H and 10I in lieu but propose |
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| Amendments 10K, 10L, 10M and 10N in lieu. |
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| lords insistence, disagreement and amendments in lieu |
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| The Lords insist on their amendments 2, 3, 5, 6 and 10, disagree with the Commons in their |
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| Amendments 10K, 10L, 10M and 10N in lieu but propose Amendments 10P and 10Q in |
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| Commons insistence, non-insistence, disagreement and |
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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 10K, 10L, 10M and 10N in lieu, disagree |
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| with the Lords in their Amendments Nos. 10P and 10Q but propose Amendments 10R, |
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| 10S, 10T, 10U, 10V, 10W, 10X, 10Y, 10Z and 10AA in lieu. |
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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 |
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| effect that a duty of care owed by an organisation under the law of |
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| negligence to a person who— |
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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 |
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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 |
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| (b) | may make any amendment to this Act that is incidental or |
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| supplemental to, or consequential on, an amendment made by such |
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| (5C) | An order under subsection (5A) is subject to affirmative resolution |
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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 |
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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 |
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| effect that a duty of care owed by an organisation under the law of |
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| negligence to a person who— |
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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 |
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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 |
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| disapply exceptions, as regards the application of any provision |
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| contained in this Act as a result of such an order; |
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| (b) | may make any amendment to this Act that is incidental or |
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| supplemental to, or consequential on, an amendment made by such |
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| (3) | An order under this section is subject to affirmative resolution procedure.” |
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| LORDS INSISTENCE, disagreement 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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