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Proceeding contribution from Baroness Ashton of Upholland (Labour) in the House of Lords on Monday, 23 July 2007. It occurred during Debate on bill on Corporate Manslaughter and Corporate Homicide Bill.


Corporate Manslaughter and Corporate Homicide Bill

My Lords, I beg to move that the Commons amendments be now considered. Moved accordingly, and, on Question, Motion agreed to. [The page and line references are to HL Bill 19 as first printed for the Lords.] 10R: Page 2, line 29, at end insert- ““(d) a duty owed to a person who, by reason of being a person within subsection (1A), is someone for whose safety the organisation is responsible. (1A) A person is within this subsection if- (a) he is detained at a custodial institution or in a custody area at a court or police station; (b) he is detained at a removal centre or short-term holding facility; (c) he is being transported in a vehicle, or being held in any premises, in pursuance of prison escort arrangements or immigration escort arrangements; (d) he is living in secure accommodation in which he has been placed; (e) he is a detained patient.”” 10S: Page 3, line 12, at end insert- ““““custodial institution”” means a prison, a young offender institution, a secure training centre, a young offenders institution, a young offenders centre, a juvenile justice centre or a remand centre; ““detained patient”” means- (a) a person who is detained in any premises under- (i)Part 2 or 3 of the Mental Health Act 1983 (c. 20) (““the 1983 Act””), or (ii)Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (““the 1986 Order””); (b) a person who (otherwise than by reason of being detained as mentioned in paragraph (a)) is deemed to be in legal custody by- (i)section 137 of the 1983 Act, (ii)Article 131 of the 1986 Order, or (iii)article 11 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078); (c) a person who is detained in any premises, or is otherwise in custody, under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or who is detained in a hospital under section 200 of that Act of 1995; ““immigration escort arrangements”” means arrangements made under section 156 of the Immigration and Asylum Act 1999 (c. 33);”” 10T: Page 3leave out line 25 10U: Page 3, line 25, at end insert- ““““prison escort arrangements”” means arrangements made under section 80 of the Criminal Justice Act 1991 (c.53) or under section 102 or 118 of the Criminal Justice and Public Order Act 1994 (c. 33); ““removal centre”” and ““short-term holding facility”” have the meaning given by section 147 of the Immigration and Asylum Act 1999 (c. 33); ““secure accommodation”” means accommodation, not consisting of or forming part of a custodial institution, provided for the purpose of restricting the liberty of persons under the age of 18.”” 10V: Page 3, line 37, leave out ““or (b)”” and insert ””, (b) or (d)”” 10W: Page 5, line 8, leave out ““or (b)”” and insert ””, (b) or (d)”” 10X: Page 6, line 43, leave out ““or (b)”” and insert ””, (b) or (d)”” 10Y: Page 13, line 3, at end insert the following new Clause:- ““Power to extend section 2(1A) (1) The Secretary of State may by order amend section 2(1A) to make it include any category of person (not already included) who- (a) is required by virtue of a statutory provision to remain or reside on particular premises, or (b) is otherwise subject to a restriction of his liberty. (2) An order under this section may make any amendment to this Act that is incidental or supplemental to, or consequential on, an amendment made by virtue of subsection (1). (3) An order under this section is subject to affirmative resolution procedure.”” 10Z: Page 13, line 20, at end insert- ““( ) An order bringing into force paragraph (d) of section 2(1) is subject to affirmative resolution procedure.”” 10AA: 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;"


Secondary information

Type
Proceeding contribution
Reference
694 c553-5 
Session
2006-07
Chamber / Committee
House of Lords chamber
Subjects
Custodial treatment Compulsorily detained psychiatric patients Corporate manslaughter Private sector Police Prisoners Prisons Police custody Public sector Prisoner escorts Secure accommodation
Legislation
Corporate Manslaughter and Corporate Homicide Bill 2005-06 to 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk