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Corporate Manslaughter and Corporate Homicide Bill

My Lords, I speak to Amendments Nos. 3, 5, 11, 13 and 21 with which I am linked. These Benches very much support the sentiments expressed by the noble Lords, Lord Ramsbotham and Lord Judd. In our free society, any organisation which effectively has near total control over an individual—be it the police, the Prison Service or a local authority—has a great responsibility to that individual and should be responsible under law for their behaviour. Where deaths occur they have to be thoroughly investigated and, if appropriate, charges brought. This corporate manslaughter Bill should apply to deaths in custody. It does the police no favours to exclude them from the provisions ofthis Bill. Currently, relations between the police and many in our society are tender. In today’s media the most reverend Primate the Archbishop of York is quoted as warning that Britain is in danger of "““coming close to a police state””." While I believe that statement is much exaggerated, the fact that it has been made at all is evidence of the extreme sensitivity of police/public relationships. It is our contention that protecting the police from action under the Bill can only add to mistrust, cynicism and suspicion. I am surprised that the light, sensitive touch that the Home Secretary normally displays seems to have deserted him on this occasion. We have not taken kindly to the hints that if we continue to press the amendment we risk the whole Bill. Deaths during custodial sentences have not only united the principal Opposition parties but also many Cross-Benchers, so ably led by the noble Lord, Lord Ramsbotham. In addition, organisations such as Inquest, Justice, Liberty and the Prison Reform Trust stand four-square with us. So far, I have heard no speech from the government Benches—excluding those from Ministers—either at Second Reading or in Committee which support the Government’s position. Indeed, we have heard a speech indicating very much the opposite from the noble Lord, Lord Clinton-Davis. As the Bill stands, without the amendment it is not fit for purpose.