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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Tuesday, 5 July 2011. It occurred during Debates on delegated legislation on Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 3) Order 2011.


Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 3) Order 2011

My Lords, it is helpful to put this order into some context. The corporate manslaughter provisions were considered by the Independent Advisory Panel on Deaths in Custody. When one looks at the statistics on page 9 of the report, which was a joint Ministry of Justice and Home Office report, one sees that in 1999 there were 643 deaths in state custody. That number has reduced in the past two years to 483 and 366, but that is a lot of people who have died in custody. It is important that there should be corporate responsibility, not simply for claims of negligence but for criminal claims. We are very pleased that this order is now being introduced. I have two questions for the Minister. One relates to service custody. Do I take it that the Ministry of Defence could be criminally liable for a death in service custody abroad? The other matter that concerns me is whether the private organisations that provide prison accommodation and in particular transport come within the provisions of the Act, so that any default on their part means that they will be subject to criminal liability as well as to liability in civil law.


Secondary information

Type
Proceeding contribution
Reference
729 c81GC 
Session
2010-12
Chamber / Committee
House of Lords Grand Committee
Subjects
Armed forces Death Custodial treatment Corporate manslaughter Immigration Liability Health and safety Government departments Private sector Northern Ireland Ministry of Defence UK Border Agency
Legislation
Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment) Order 2011
Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 3) Order 2011
Link
View this Proceeding contribution on www.publications.parliament.uk