Clause 39 - Offences
Crime (International Co-operation) Bill [Lords]
10:15 am
Mr Nick Hawkins (Surrey Heath, Conservative)
I will give way to the hon. Gentleman in a moment.
My hon. Friend the Member for Leominster and others who have worked in the banking industry as lawyers or in any other capacity will know that much of the gathering of information about individual accounts is necessarily undertaken by relatively junior staff. We do not want those people worrying about facing criminal prosecution if they make a genuine error. I am sure that the Minister will say, ''Of course we would not prosecute if it was simply an error.'' However, banking matters are complex, and it is often difficult to establish the basis for an error. Prosecution would be acceptable only if it could be established that someone had either deliberately set out to mislead or been reckless as to whether they did so.
Mr. Wiggin indicated assent.