Clause 16 - Offences by bodies corporate and scottish partnerships
Tobacco Advertising and Promotion Bill
2:31 pm
Mr Peter Luff (Mid Worcestershire, Conservative)
I am sure that it is due to my ignorance, but I want to get a couple of detailed points on the record. [Hon. Members: ``Hear, hear.''] I am grateful for that endorsement from Labour Members. I am not quite sure where it came from; I will not point the finger of blame.
I want to deal with the question of plurality and singularity. Clause 16(1)(a) states:
``If an offence under any provision of this Act committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer.''
What happens if more than one officer is proved to have been involved in the process? Can the authorities proceed against more than one officer, or should clause 16 be amended to ``an officer or officers''? I should be grateful for clarification. Does the clause allow more than one individual to be prosecuted if they are seen to be to blame? In the case of advertising, the body in question may not be just the company; it may be an advertising agency, or the organisation that carried the advertisement. So I imagine that proceedings could be taken against more than one body corporate.
The Bill makes specific provisions for partnerships in Scotland, but makes no mention of partnerships in England, Wales and Northern Ireland. It may just be that I am ignorant of company law, but does that mean that the definitions included in clause 16 extend to partnerships in England, Wales and Northern Ireland?