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Corporate Manslaughter and Corporate Homicide Bill

My Lords, the Government have been defeated four times—on 5 February, on 22 May, on 25 June and on 9 July. Now we debate this issue for the fifth time. I intend to be brief. I would like first to pay a generous tribute to the noble Baroness the Leader of the House, who has sympathetically listened to all our concerns. But obviously she is restricted by collective Cabinet responsibility. The situation in our prisons today is a national embarrassment. It is primarily the responsibility of Government. Similarly, if this Bill fails—we all want it to succeed—then once again it is primarily the responsibility of Government, not of those who support the amendment of the noble Lord, Lord Ramsbotham. As has been said by a number of noble Lords, virtually no support for the Government’s position has been expressed in speeches made in both Houses—with one or two exceptions, such as the speech of the noble Lord, Lord Rosser. The Cross-Bench Peers, the Conservative Peers, the Liberal Democrat Peers and many Labour politicians are clearly in favour of including deaths in custody in the Bill. Outside bodies such as Liberty and Justice are in favour and today we have had support from the noble Lord, Lord Ramsbotham, with his experience of prisons, the noble Lord, Lord Dear, with his great experience of the police force, and my noble friend Lord Dholakia, who spoke of his recent conversations with the Prison Officers’ Association. Virtually everyone is lined up on one side, so what is holding the Government back? The amendment of the noble Lord, Lord Ramsbotham—specifying the date of 1 January 2009—is a most reasonable compromise that balances humanity with managerial concerns. If the opinion of this House is tested later, those on these Benches will support it.