Corporate Manslaughter and Corporate Homicide Bill — custody — 22 May 2007 at 16:03
<[i>The page and line references are to HL Bill 19 as first printed for the Lords.]
Motion A
Clause 2, page 2, line 29, at end insert-
"(d) a duty owed to anyone held in custody."
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;"
Clause 3, page 3, line 37, leave out "or (b)" and insert ", (b) or (d)"
Page 3, line 40, leave out "or (b)" and insert ", (b) or (d)"
Clause 5, page 5, line 8, leave out "or (b)" and insert ", (b) or (d)"
The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose Amendment No. 10A in lieu-
10A The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose Amendment 10A in lieu-
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."
On Question, Whether the said Motion (A1) shall be agreed to?
Their Lordships divided: Contents, 227; Not-Contents, 136.
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