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Prisons 'need manslaughter law' Vote to extend manslaughter bill
(about 9 hours later)
Jails should not be exempt from new laws on corporate manslaughter, the ex-chief inspector of prisons for England and Wales Lord Ramsbotham says. Peers have voted to extend the planned corporate manslaughter law to include deaths in prisons and police cells - defeating the government.
Peers are expected to try to extend the legislation to cover deaths in prison. The new offence would apply when a person's death is caused by company negligence. The government wants to exclude prisons and police.
But unconfirmed reports suggest ministers have threatened to axe the Corporate Manslaughter Bill rather than expose governors to prosecution. The ex-chief inspector of prisons Lord Ramsbotham had argued for no exemption and the government lost by 96 votes.
Lord Ramsbotham told BBC Radio 4's Today that would be an "extraordinary kind of political blackmail". The Home Office says it will seek to reverse the decision in the Commons.
'Unworthy' 'No justification'
He said a "responsible" home secretary should "want cases where management or the duty of care in something for which he was responsible had failed to be brought into the open and the person responsible for that failure to be disciplined". Lord Ramsbotham had highlighted several cases where people had died in custody, saying that managers at all levels would have taken greater care over their responsibilities if they knew they could face a charge of corporate manslaughter.
He added: "To say we are going to pull the bill if that is insisted on seems to me the most extraordinary kind of political blackmail which I would have thought unworthy of a home secretary." The former chief inspector for England and Wales added: "Nothing I have heard or seen from the government so far has convinced me that there is any justification in this exclusion.
Ministers have argued deaths in jails can already be adequately investigated by public inquiries, inquests and internal inquiries. "This house has both a duty and an opportunity to prevent something which would not make me feel very proud if I were part of it.
But Lord Ramsbotham said that only one public inquiry had been held into a death in custody, while the results of internal investigations were not made public and inquests were only required to find the cause of death. "The statement of purpose of the Prison Service talks about 'it is our duty to treat those committed to our care with humanity'.
He rejected claims that use of the corporate manslaughter law would mean government policy being scrutinised in the courts. "I hope in agreeing with these amendments the house will uphold that purpose and the rule of law demonstrating that we deserve to be called a civilised nation."
Lord Ramsbotham said: "We are saying - exactly the same as the rest of the bill - that this is about a failure in management or a failure in duty of care. Reversal bid
"It is nothing to do with government policy or resources at all." The Home Office responded to the Lords defeat by saying: "We have made clear that we do not consider that this is appropriate and will seek to reverse this when the bill returns to the Commons - where there was a substantial majority in favour of exclusion."
Laws to punish companies whose negligence kills employees or customers are set to be introduced, after being included in the Queen's Speech last November. Earlier unconfirmed reports suggested that ministers had threatened to axe the Corporate Manslaughter Bill rather than expose governors to prosecution.
The corporate manslaughter bill was carried over from the last parliamentary session. Attorney General Lord Goldsmith had urged peers to reject the amendment.
He said all deaths in custody were already investigated - by public inquiries, inquests and internal inquiries.