Corporate Manslaughter and Corporate Homicide Bill

We are concerned about public policy issues relating to the distribution of resources to particular services. The hon. Members for Beaconsfield (Mr. Grieve) and for Kingston and Surbiton (Mr. Davey) should allow me to continue my speech, because I hope to allay some of their fears by pointing out the way in which the Government are trying to respond to some of the concerns about deaths in custody that were raised in the other place and in Committee. We have listened to the serious concerns expressed both in the House and the other place. While we do not believe that it is right for custody to be covered by the offence, we have tried to respond in two other ways to the strength of concern about the way in which the Government are tackling deaths in custody. First, we want to strengthen the arrangements for the independent investigation of deaths in custody. Hon. Members will know of the Independent Police Complaints Commission and the inquest procedure, but we have also decided to put the prisons and probation ombudsman on a statutory footing. The ombudsman has investigated all deaths in prisons, young offender institutions and immigration detention centres since 2004. Since last year, he has investigated those in secure training centres. He and his office have a detailed knowledge of custodial practice and policies. It has been the Government’s intention to put the appointment on a statutory footing since 2003. Again, that is a recommendation of the Joint Committee on Human Rights. Legislation will place a formal duty on the ombudsman to examine all deaths under his remit. It will allow him to decide the scope and procedures to be adopted in investigations. It will also give him new High Court powers to obtain evidence and to allow him to work with other ombudsmen, when appropriate. The ombudsman’s post is independent of the organisations that he investigates, but the Government recognise that putting the role on a statutory footing would remove any perception that he was not independent of the Government. Indeed, he would be appointed by Her Majesty.