Clause 11 - Offences by bodies corporate etc.
Homes Bill
6:45 pm
Mr Tim Loughton (East Worthing and Shoreham, Conservative)
Amendment No. 46 refers to clause 11, which is about offences by bodies corporate. The Government have tabled amendments on similar lines. It refers to a point that I made previously about corporate as opposed to employee liability, and it seeks to clarify the position of the relationship between the employee and employer as regards such offences.
We believe that the wording in the Bill, which we want replaced with that in the Government amendments, seems to place too heavy an onus on the employee as the responsible party. Our wording reflects the balance more appropriately. Only if the employee acted outside the course of his duty, as a rogue trader—a rogue estate agent—would he be likely to be first in the line of fire.
I commend the amendments because I believe that the new wording creates a better balance between the employer and employee. Will the Under-Secretary confirm whether the employee would be prosecuted if an offence were committed only if he acted outside his course of duty, as a rogue trader?