Corporate Manslaughter and Corporate Homicide Bill

We have to remember that in the Bill the duty of care has to be seen in the context of a gross breach of procedure. Hon. Members have understandably focused on deaths in custody, but we must see the Bill in its wider context, and putting that measure in the Bill at this time will not solve the problem of deaths in custody. That is why, as my hon. Friend the Member for Hendon said, it is important to look at what we propose on the forum for preventing deaths in custody and the changes that we seek with regard to the prisons and probation ombudsman. I understand the focus on deaths in custody this evening, but I ask hon. Members to look at the bigger picture of what needs to happen. The proposal would not solve the issues around deaths in custody, because we need to continue the work of a variety of committees that have made recommendations to the Government on how to deal with that matter. There is no sense of the Government trying to protect their position or seeking to tell the director general of the Prison Service that he is off the hook and has nothing to worry about, as my right hon. Friend the Member for Southampton, Itchen said. That is certainly not the case and that is why I attach a lot of importance to the forum for preventing deaths in custody and the changes that we seek with regard to the prisons and probation ombudsman. There are pressures on prisons, and today’s debate has focused on prisons, although the definition of custody can be wider and the powers that we propose give us the flexibility to cover the other definition of custody that has been mentioned. I want us to learn from the experiences of the Bill and to look at what can be achieved through other work in relation to deaths in custody. Again, I pay tribute to my right hon. Friend the Member for Southampton, Itchen and my hon. Friend the Member for Hendon for the work that their Committees have done in considering this issue. They have rightly pushed us to reconsider the issue, and I am pleased that they are both happy to accept the spirit of what we are trying to achieve. Anybody who thinks that they could be bought off so cheaply does not know the depth of experience and skills that they have. The forum is already working well in bringing together practitioner and inspectorate professionals to compare approaches. The review can consider many issues, including greater autonomy from Government, increased ability to conduct research, more capacity for information sharing, coroners’ rules and prisoner escorts. I hope that we will be able to report on progress within six months.