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Corporate Manslaughter and Corporate Homicide Bill

Does the noble and learned Lord, Lord Lyell, think that there is perhaps a slight danger in removing Clause 3(2), which at least reiterates the fact that liability can exist under Clause 2(1)(a) and (b)? We have already seen that the Government appear to accept that whoever is the occupier of prisons and other places of custody can be liable. If a brick falls off the wall and strikes someone dead, they are relying on that being different from the public function being exercised when someone gets beaten up in prison in a way that is perfectly foreseeable, as the noble Lord, Lord Ramsbotham, described. I do not suggest that that is an answer to the amendment that the noble Lord is moving, but I think that he would want to keep a reiteration at least of the occupier’s liability, even though it is absurd for the Government to take the position that it is a liability totally different from the other instances of people being killed in custody.