Corporate Manslaughter and Corporate Homicide Bill — 9 Jul 2007 at 17:57

commons amendments

<[i>The page and line references are to Bill 19 as first printed for the Lords.]

MOTION A

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;"

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)"

Page 5, line 8, leave out "or (b)" and insert ", (b) or (d)"

The Commons insist on their disagreement with the Lords in their Amendments Nos. 2, 3, 5, 6 and 10, do not insist on their Amendments 10C and 10D in lieu but propose Amendments 10F, 10G, 10H and 10I in lieu-

Page 2, line 31, leave out "subsection (1)" and insert "this Act"

Page 3, leave out line 25

Page 13, line 3, at end insert the following new Clause:-

"Power to extend meaning of "relevant duty of care"

(1) The Secretary of State may by order make amendments to this Act 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".

(2) An order under this section-

(a) may amend this Act so as to restrict or disapply exceptions as regards the application of any provision contained in this Act 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.

(3) An order under this section is subject to affirmative resolution procedure."

As an amendment to the Clause inserted into the Bill after Clause 19 by Lords Amendment No. 33-

Line 30, at end insert-

""premises" includes land, buildings and moveable structures;"

rose to move, as an amendment to Motion A, leave out from "House" to the end and insert "do insist on its Amendments Nos. 2, 3, 5, 6 and 10 and do disagree with the Commons in their Amendments Nos. 10F to 10I in lieu."

On Question, Whether the said Motion (No. A1) shall be agreed to?

Their Lordships divided: Contents, 179; Not-Contents, 142.

Debate in Parliament | Source |