UK Parliament / Open data

Corporate Manslaughter and Corporate Homicide Bill

My hon. Friend said that the Government had form. She was a member of the Government at the time she referred to, in a similar role to my good self. The Joint Committee on Human Rights suggested in 2003 that statutory powers should be given to the PPO. Ministers come and go, and I can only give the commitment that I and the Government have listened to what has been said. Deaths in custody are tragic events and we need to ensure that we prevent them whenever we can, and that when something has gone wrong we determine what has happened. I understand why hon. Members are trying to push me into announcing a timetable, but they should reciprocate the generosity that I have shown in tabling the amendments. I see hon. Members shaking their heads, so I clearly will not convince the Opposition. However, I hope my hon. Friends recognise how much progress has been made. The power will allow flexibility to extend the offence to duties or to people in all forms of custody and detention. Whether and when the power is to be exercised will need to be considered in light of the other steps that we are taking. We will need to see how the new offence works in practice, the impact of putting the prisons and probation ombudsman on a statutory footing, and how the reformed forum for preventing deaths in custody works, and it will depend on whether the complexities that I set out earlier can be resolved. All these aspects need to be addressed. What we are proposing is a significant step in opening the way to extending the offence, if that is considered right in due course. For the present, for the reasons that I have outlined, we remain of the view that the offence should not apply to custody in the blanket way that it would were the Lords amendments accepted. When we last discussed the matter in the House, there was firm support for the Government’s position. We have listened to the strong messages from those in favour of extending the provisions of the Bill to custody, and we have come a long way towards meeting those concerns. We have accepted the principle that the new offence may extend to custody at some time in the future. I have been pleased by the way that we have been able to work together in the House and the other place on this important legislation. As I said at the start, we have come a long way from our starting point and it is right that the Bill has received constructive scrutiny, first from the Joint Scrutiny Committee and then during its passage through Parliament. I hope that hon. Members and those in the other place will be willing to compromise on this final issue and accept the amendment in lieu.

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Reference

460 c668-9 

Session

2006-07

Chamber / Committee

House of Commons chamber
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