Charities: War Zones

Debate between Lord McNally and Lord James of Blackheath

Monday 25th October 2010 Lords Chamber

[Lord James of Blackheath]

To ask Her Majesty’s Government whether they will clarify the responsibilities of charities under the Corporate Manslaughter and Corporate Homicide Act 2007 when placing representatives in war zones.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, charities have responsibilities when placing representatives in war zones, but the Act referred to in the Question applies only when the harm that leads to a death occurs in the UK, UK territorial waters, or on a British ship, aircraft, hovercraft or an offshore installation covered by the UK criminal law.

--- Later in debate ---

[Lord James of Blackheath]

My Lords, I thank the Minister for that reply. Does he share my concern that this somewhat difficult Act contains within it a form of Catch-22, whereby any attempt to try to increase accountability might have a knock-on effect on charities to the extent that they cannot afford the risk of sending abroad the people to administer the money that they raise, which would have very serious effects to the detriment of British charitable support? Can we find a way round that problem of increased accountability?

[Lord McNally]

My Lords, I read the report of the Committee on that Bill of 5 February 2007, when my noble friend raised a similar doubt, and the noble and learned Lord, Lord Goldsmith, gave him reassurances on this matter. I do not think that we can go beyond those reassurances, as we do not believe that the Act has the adverse effect on charities that he feared then and evidently still fears.