Clause 38 - Offences by bodies corporate
Vehicles (Crime) Bill
10:30 am
Mr John Bercow (Buckingham, Conservative)
I beg to move amendment No. 89, in page 22, line 16, after `managed', insert `or controlled'.
Thank you, Mr. O'Brien. I welcome you back to the Chair. A point of absolute consensus would be that you have been an excellent Chairman, superbly supported by Mr. Sayeed and Mr. Wells. I hope that on that amicable note we may start our proceedings.
It is with misty eye, leaden foot and a heavy heart that I rise to speak this morning, not because I have any doubts about the merits or importance of amendment No. 89, but simply because this is the last day of our consideration of the Bill in Committee. I have much enjoyed our proceedings, and I regret that they are now drawing to a close. I was almost desolate last night to be told by the Under-Secretary that, although he would be attending our proceedings, he did not intend to contribute further. That is regrettable, but we are delighted to have him here until a quarter to one, and I look forward to further jousting with him on Report.
The amendment is designed as a mechanism to engender debate. We are unlikely to press the matter to a Division, but the issues involved are important. The clause deals with offences by bodies corporate. It specifically provides for prosecutions not only against bodies corporate but against individuals in such bodies corporate who are thought to be responsible for breaches of the Bill. The purpose of the amendment is to require the Government to clarify their thinking and, if necessary, the clause.
The clause seems to imply that the managers of salvage or licence plate businesses could be responsible for the actions of one individual in that business. That might or might not be fair. It could depend on the seniority, and therefore, the level of assumed responsibility of the individual in question. I am keen to establish the precedents of this type of clause. Is the Minister aware of precedents in any Bills, now Acts, to justify the inclusion of the unamended clause? I should be grateful if he, not abstractly but by example, would develop the argument and explain the circumstances in which it could have a beneficial effect and in which its absence would have a deleterious impact.
The explanatory notes state that any offence that is committed under the Bill that is
committed with the consent of, or is
attributable
to, a director, manager, secretary or other relevant officer,
may result in the prosecution of that person ``as well as'' of ``the body corporate''. That is unobjectionable in principle. The particulars of an individual instance or the meat of the case is what really matters. I am not clear how the clause will apply in practice, or whether a junior person could, as a result of the inadvertent neglect of duty, end up being prosecuted. My intention is in no way to protect senior and powerful individuals within a business who should exercise responsibility for the consequences of their actions. I am concerned that a relatively junior person within the business might end up copping it—if I can, inelegantly but bluntly, put it that way—under the Bill. Will the Minister either reassure us that that will not happen or provide justification as to why it should?
The Government should clarify why the actions of one individual, even a junior one, should result in the prosecution of an entire business. Is it not arguable that one prosecution would be enough? If the Minister disagrees, will he explain why two or even several prosecutions would be justified? We have proposed the addition of ``or controlled'' in order to stimulate debate. It might give clarity to a clause that is slightly unclear, at least on first inspection to my colleagues and me.
No one disputes that a person in control of a body corporate who commits a breach of the Act, should be held responsible. However, if an individual is employed on a junior level within the body corporate and acts with good intent, although inappropriately, as it turns out, will such a person be liable to prosecution? Clarification is required.
I rest the case. I am not looking to press the matter to a vote at this stage, but I should be grateful if the Minister could provide better particulars on the Government's thinking on the subject.