UK Parliament / Open data

Corporate Manslaughter and Corporate Homicide Bill

Members of the Committee will have noticed that on Thursday, at our first sitting, I found it very difficult—indeed, impossible—to support any of the amendments that were put forward by them. I have no such difficulty with the amendment in the name of the noble Lord, Lord Hunt, supported by the noble Lords, Lord Lee, Lord Razzall and Lord Ramsbotham. As the noble Lord, Lord Hunt, said, it is all the more important that those in custody should be covered by the relevant duty of care, because they cannot for obvious reasons leave whatever premises they are on and do not have any choice in how they are treated. I entirely support the arguments that have been put forward for this amendment. I can only add a lawyer’s point to the much more powerful points that have been made. Indeed, I am almost ashamed to put forward this point, following the arguments that we have heard, but I should be interested to hear the Minister’s answer. With regard to Clause 2(1), those in custody already seem to fall within the scope of the relevant duty of care. Clause 2(1)(b) refers to, "““a duty owed as occupier of premises””." I do not know who, strictly speaking, would be the occupier of a prison, but let us suppose for a moment that it is the Prison Service. Clearly, as occupiers, the service owes a duty to people visiting the prisons; that being so, it must surely also owe a duty of care to those in custody in prison. The same also applies to the duty of care under Clause 2(1)(c)(iv), as the Prison Service uses plants and vehicles. If it is grossly negligent in relation to those matters or to the conditions of the premises, it is clearly already under a duty of care to those in custody. There is no exception in the Bill, as far as I can see, to prevent the prison authorities from being liable in those circumstances—so how should there be an exception in the far more serious instances to which the noble Lords, Lord Hunt and Lord Ramsbotham, referred?

About this proceeding contribution

Reference

688 c194GC 

Session

2006-07

Chamber / Committee

House of Lords Grand Committee
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