Corporate Manslaughter and Corporate Homicide Bill

My Lords, although this debate has ranged wide, I think it was right of the noble Lord, Lord Elystan-Morgan, to remind us that what is at issue here is the profound responsibility of the duty of care owed to those in custody. That a duty of care is owed to those in custody is not in doubt. The families of those who die in custody are owed the same recourse to justice as the families of those who die in any other avoidable tragedy. As the noble Baroness the Leader of the House will know, I have always been a very strong supporter of this Bill. It is necessary mainly because of its deterrent effect. We all hope that none of these incidents will ever happen. But it is necessary to have the sanctions in place to ensure that. The Government appeared to concede the point of principle. For a time, we seemed to be debating not if, but when—that has happened before in this place. Now it seems, following the most recent debate in the other place, that our optimism was misplaced. After the debate, a Member on the Labour Back Benches said, ““They call it ping-pong. After that speech, it was more pong than ping””. He was referring to the speech of the Parliamentary Under-Secretary of State for Justice, who was quibbling over whether it would be necessary at all to introduce deaths in custody into the Bill. The noble Baroness the Leader of the House says that the Government have conceded the point of principle. But what was being argued in the other place was, ““Let us put the principle to one side; we do not think it will ever be necessary to introduce deaths in custody into this Bill””. As the noble Lord, Lord Ramsbotham, reminded us, Chris Mullin pointed out from the Labour Back Benches that it will never happen unless it happens now. There is no better time to set out a timetable. Andrew Dismore, as the noble Lord reminded us, said that naming the day is more important than the specific date. I believe that there is consensus on all sides of the House and in both Houses. The events of today therefore do not relate to some great constitutional question of the law, with this House pitting itself against the party of government. The party of government is clearly divided on the issue. Most of the speeches have been in favour of what the noble Lord, Lord Ramsbotham, is seeking to do. The date in the amendment, as the noble Lord, Lord Lee, reminded us, has been mooted in debate many times. It would be interesting if the Minister indicated whether 1 January 2009 was an acceptable date or whether the Government wish for another date, which may be further away or nearer. In the absence of any expressed preference from the Government it is surely a right and reasonable date. Most importantly, it will allow those institutions to embrace fully the opportunity to prove that their standards match and exceed those set by law. In conclusion, the noble Baroness warned us that the Bill could fall. It can fall only if the Government fail to move the necessary Motion. I give an undertaking to the House that I believe so strongly in the Bill—I have taken advice—that if the Government allow the Bill to fall this week, I will next week introduce an identical Bill, although I understand that I will have to call it the No. 2 Bill. I will devote my best endeavours to steering it through all the twists and turns of the parliamentary process so that it becomes law as quickly as possible. I give that undertaking in the hope that it may persuade the Leader of the House to concede this very important case.