Clause 5 - Liability of directors etc
Clean Neighbourhoods and Environment Bill
3:45 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
The clause is intended to ensure that it is not possible for a prosecution to be avoided simply by individuals hiding behind the company or the company blaming individuals. The company could be prosecuted and the clause makes it clear that individuals could be prosecuted and therefore the provisions are comprehensive in terms of the liability. The point about the body corporate managed by its members is simply to ensure that it is not possible for a number of people to say, ''Not me, guv?'' and that it is possible for the body to be held to account so that the members—in this case—can be dealt with in the same way as the directors of a company. In general, that means that it would be a straightforward prosecution of the company, but it would be clear to the company, as well as to those seeking to take things forward, that people could not hide behind that. I hope that that gives the hon. Lady the assurance that she seeks.
Question put and agreed to.
Clause 5 ordered to stand part of the Bill.