Clause 179 - Cartel offence
Enterprise Bill
4:30 pm
Mr Mark Field (Cities of London and Westminster, Conservative)
Unless the Minister has other plans, I find myself in the unusual situation of being on the Government's side. I strongly feel that reference should be made to a dishonest frame of mind. I would be very reluctant for the clause and other provisions in effect to criminalise individuals simply on the basis of reckless behaviour. That would be a dangerous step for the criminal law to take.
I shall no doubt speak at length about one or two of the other clauses that relate to this matter, because I have concerns about the idea of prison sentences and criminalisation. We at least need proof of dishonest intent, and recklessness is far too lax a term. I appreciate the comments made by both Liberal Democrat Members about the usual terminology, but such terminology often applies to civil, not fully fledged criminal offences. I therefore sincerely hope that the Minister will resist the amendment.