Prosecutions
Energy Bill [Lords]
3:30 pm
Mr Michael Weir (Spokesperson (Environment & Food; Health; Rural Affairs; Trade & Industry); Angus, Scottish National Party)
I shall be very brief. The hon. Lady's argument is valid up to a point. She is quite right that there are different offences in Scots law, but as the majority of offences under the clause might be committed offshore it is difficult to see a huge difference. However, this issue illustrates the need to be clear as to which jurisdiction applies in each case.
The answer to the question may be rather more simple. Subsection (3) refers to obtaining the consent of the Director of Public Prosecutions in England and Wales and the Director of Public Prosecutions for Northern Ireland. My recollection is that that particular wording is an attempt to avoid private prosecution, which is much more difficult in Scotland. The Lord Advocate or the procurator fiscal would normally institute proceedings for any breach. However, the question illustrates the lack of clarity in jurisdiction. I urge the Minister to consider that and to come back on Report with a much clearer definition of the jurisdiction question, and therefore the prosecution question, under these various clauses.