Corporate Manslaughter and Corporate Homicide Bill — 17 Jul 2007 at 16:12
<[i>The page and line references are to HL Bill 19 as first printed for the Lords.]
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 10F, 10G, 10H and 10I in lieu but propose Amendments 10K, 10L, 10M and 10N 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 "relevant duty of care" includes a duty of care owed by an organisation under the law of negligence to a person of a specified description who-
(a) is in custody or detention, or otherwise is required by virtue of a statutory provision to remain or reside on particular premises, or is subject to some other form of restriction of his liberty, and(b) is by reason of that fact a person for whose safety the organisation is responsible.
(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;"
to move, as an amendment to Motion A, Motion A1, leave out from "House" to the end and insert "do insist on its Amendments 2, 3, 5, 6 and 10, do disagree with the Commons in their Amendments 10K to 10N in lieu and do propose the following amendments in lieu of Commons Amendments 10K to 10N-
Page 13, line 19, at beginning insert "Subject to subsection (1A),"
Page 13, line 20, at end insert-
"(1A) The following provisions of this Act come into force on 1 January 2009-
(a) section 2(1)(d);(b) sections 3(2), 3(3) and 5(3) so far as they relate to section 2(1)(d)."
On Question, Whether the said Motion (No. A1) shall be agreed to?
Their Lordships divided: Contents, 186; Not-Contents, 157.
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (Content)||Minority (Not-Content)||Turnout|
|Con||98 (+1 tell)||1||48.8%|
|Crossbench||29 (+1 tell)||12||22.2%|
|Lab||0||141 (+2 tell)||65.9%|
|Viscount Allenby of Megiddo||Crossbench||no|
|Lord Armstrong of Ilminster||Crossbench (front bench)||no|
|Lord Best||Crossbench (front bench)||no|
|Lord Boston of Faversham||Crossbench||no|
|Lord Cameron of Dillington||Crossbench||no|
|Lord Carey of Clifton||Crossbench||no|
|Viscount Colville of Culross||Crossbench||no|
|Baroness Finlay of Llandaff||Crossbench (front bench)||no|
|Lord Kerr of Kinlochard||Crossbench (front bench)||no|
|Lord St John of Bletso||Crossbench||no|
|Viscount Tenby||Crossbench (front bench)||no|
|Lord Wedderburn of Charlton||Crossbench||no|