Mr Oliver Heald (North East Hertfordshire, Conservative)

When we discussed the offences, the Under-Secretary said that some might be drafted in such a way as to allow recklessness or negligence to be one of their ingredients. Such an offence might show not knowledge, but that someone had been reckless in breaching the provisions. There could be a range of tests for such offences, and we suggested ''knowingly'' as an added ingredient.

Is the Minister satisfied that clause 21(3)(i) will allow us to create offences that could be more or less serious, depending on the exact ingredients that were included when the regulations were made? For example, paragraph (i)(i) refers to

''failing to comply with a provision of the regulations'',

which could be a strict liability offence. If so, would it not be right for the penalty to be somewhat less than that which would apply if the provisions referred to ''failing to comply with a provision of the regulations with intent''? Similarly, the Minister may create a range of offences under sub-paragraphs (ii) and (iii). Different penalties could apply, depending on whether someone negligently, recklessly or intentionally failed to comply.

I would be grateful if the Minister could tell us what he and his officials think the template for such penalties would be. I do not see much problem with a maximum penalty of three months, which is a modest term of imprisonment.

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