Clause 179 - Cartel offence
Enterprise Bill
11:45 am
Mr Jonathan Djanogly (Huntingdon, Conservative)
I certainly agree with my hon. Friend about moving straight into the civil proceedings.
In many aspects of law, we are moving away from criminalisation, but the Bill is reversing that, for unsubstantiated reasons. I look forward to hearing what the Under-Secretary has to say in that regard. I provided examples, such as section 151 of the Companies Act 1989, which the Government are proposing to abolish as a criminal offence. Another example appears in the Bill. Clause 246 deals with the new civil bankruptcy restriction orders, which are aimed at protecting the public from dishonesty. Here, the Government are moving away from criminalisation. I quote from the White Paper:
''The high evidential requirements of the current criminal sanctions means that very few bankrupts have action taken against them. The civil BRO regime''—
the proposed new bankruptcy restriction orders regime—
''with its lower standard of proof will allow for greater protection of the public and business.''
That says it all. The Government are absolutely right. If that is conceptually right for bankruptcy restriction orders and that is the way in which other legislation is moving, why are we embracing criminalisation in this clause? I support my hon. Friends. These measures are not well thought out and are being introduced too early. They might even work in favour of cartels rather than against them.