Corporate Manslaughter and Corporate Homicide Bill

My noble friend Lord Razzall suggested earlier that those who speak in this Committee should declare themselves as professionals or amateurs. If that be the Committee’s wish, I am happy to declare myself as an amateur. Amendments Nos. 27, 39 and 41, tabled in my name and that of my noble friend Lord Razzall, would remedy what is arguably one of the most unsatisfactory features of the Bill; namely, the exemption from any corporate manslaughter charge of deaths in police custody. I concur entirely with the noble Lord, Lord Hunt, on that. I think that it would be fair to say that virtually all noble Lords who spoke at Second Reading expressed their deep unhappiness with this exemption. Similarly, all the lobbying groups that have written to us share this concern. It is absurd to suggest that the police do not have a duty of care to those whom they take into custody and that they should be exempt from the provisions of the Bill. As INQUEST has noted, since 1990, 10 unlawful killing verdicts have been returned by inquest juries, but none has led a successful prosecution. Repeatedly, inquests highlight the failure to implement existing guidelines on the care of at-risk detainees. The deaths of six women at Styal prison in Manchester, which is not far from my home, between August 2002 and August 2003, despite repeated warnings to the authorities, demonstrate institutional neglect and systemic failures. We are encouraged in our arguments by the fact that both the Independent Police Complaints Commission and the joint report from the Home Affairs and Work and Pensions Committees believe that the option of a corporate manslaughter prosecution is important to maintain public confidence. The Government are not doing any favours for the police by adopting this stance. Historically, the British public gave 100 per cent backing to the police and accepted their word as gospel. Sadly, we then saw a number of examples of police corruption and dishonesty which severely damaged that faith and confidence. We should all do everything possible to rebuild and develop the covenant between the police and the public, yet here we have a Government who, through this exemption, are damaging this relationship by providing this unacceptable and unnecessary protection. To allow our police force to take a citizen into custody and to deny them their freedom is to give a great responsibility and almost a unique privilege, as the noble Lord, Lord Hunt, said, but with that power goes a major obligation. That is why an ability to bring a charge of corporate manslaughter in today’s society is right and necessary.