Clause 179 - Cartel offence
Enterprise Bill
4:15 pm
Dr Vincent Cable (Twickenham, Liberal Democrat)
I beg to move amendment No. 77, in page 130, line 28, leave out 'dishonestly' and insert 'knowingly or recklessly'.
There is a substantial break in the proceedings, as we jump forward in the Bill to a later clause. This may be one clause on which it would be appropriate to have an extended stand part discussion. The clause introduces, for the first time, the principles of the criminalisation of cartels and prison sentences, which clearly needs extended discussion.
My amendment relates to a technical drafting point. I am not a lawyer, as was painfully apparent from one of my interventions yesterday, but I am advised that the terminology—specifically, the use of the word ''dishonesty''—could be improved on.
There are two points on which the Minister may be able to advise me. First, in comparable offences, the phrase ''knowingly or recklessly'' would normally be employed. It is not clear why the word ''dishonestly'' applies in this case. The second point is a matter of common sense, rather than a legal point. It is possible to envisage circumstances in which a group of people collude to create a criminal cartel whose motives may not be dishonest at all. People might want to subscribe to a cartel arrangement for many reasons: from weakness of character, because they are acting under pressure from a superior in their company, or from personal ambition disconnected from personal dishonesty. Many motives are possible, so the conventional phrase ''knowingly or recklessly'' better captures the spirit of what the Government are trying to achieve.
I hope to be persuaded that there are good reasons for using the word ''dishonesty'' in this context. If the amendment were accepted, consequential changes would need to be made, including to some of the other amendments to which I put my name. This is a
probing amendment related to the use of legal language.