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Proceeding contribution from Charles Clarke (Labour) in the House of Commons on Monday, 23 May 2005. It occurred during Queen's speech debate on Home Affairs and Communities.


Home Affairs and Communities

No, I want to make progress now. The second tranche of legislation to which I want to refer is that dealing with offender management and reform of the criminal justice system. Three measures will be laid before the House dealing respectively with fraud, corporate manslaughter and management of offenders and sentencing. The purpose of the fraud Bill is to create a general offence of fraud that can be committed in three ways: by false representation, by failing to disclose information and by abuse of position. The Bill will make new offences of obtaining services dishonestly and possessing equipment to commit fraud. The aim is to encompass all forms of fraudulent conduct with a law flexible enough to deal with developing technology. The Bill will extend the existing offence of fraudulent trading to non-corporate traders, and I hope that it will tighten our defences against the criminal. The second measure in this tranche is the corporate manslaughter Bill. We published it in draft form at the end of the fourth Session of the previous Parliament, and its intention is to create a new offence of corporate manslaughter. The offence would enable courts to consider a wider range of management conduct than is currently possible when prosecuting a company for manslaughter and would therefore make it easier to bring prosecutions. The House will be aware of how controversial that measure has been, but also of how important it has rightly been seen in the light of serious issues that have arisen in relation to certain tragedies, particularly in the transport system. It is very much time for the Bill to be taken through the House and for responsibility for actions to be fully laid where due in any corporation or organisation. I am aware that it is difficult legislation, but I hope that all parties will give it a fair wind and be ready to support it and carry it through. The third piece of legislation is the management of offenders and sentencing Bill. This was first introduced in the fourth Session of the previous Parliament and there will be some changes to that legislation to ensure that we can decide how best to take forward the reforms proposed in the Carter review of correctional services. The Bill will underpin the development of the National Offender Management Service, which brings together the Prison Service and the probation service. It will introduce a new day-fine system and restore confidence in the use of the fine as a credible and effective punishment. The Bill will extend the remit of the Sentencing Guidelines Council to include consideration of the capacity of the correctional services. It will extend the use of electronic monitoring of offenders who are serving community sentences or are on bail, and it will fulfil a long-standing Government commitment to place the ombudsman for NOMS on a statutory footing. We see the establishment of a National Offender Management Service that really will achieve fair and transparent sentencing as a very important part of restoring confidence in the operation of the criminal justice system as a whole. A further aspect of our legislation will cover immigration, asylum and identity cards and comprises two Bills. Before the election, we set out in our five-year strategy the approach that we intended to follow to reform the immigration and asylum system. Much of that does not require legislation, but the parts that do include the need to facilitate the global roll-out of fingerprinting visa applicants; the need to allow full use of biometrically enabled travel documents; the need to allow data sharing by border agents as part of the e-borders programme; the need to provide for civil penalties of £2,000 per person for employers of illegal workers; and the need to limit appeal rights for students, workers and family visits.


Secondary information

Type
Proceeding contribution
Reference
434 c427-8 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Crime Asylum Charities Identity cards Politics and government Terrorism Religious hatred
Link
View this Proceeding contribution on www.publications.parliament.uk