Clause 40 - Defence of acting under employer's instructions
Clean Neighbourhoods and Environment Bill
9:30 am
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
Anyone who is involved in the waste business and waste transfer should have a licence, and there is a duty of care that goes with that. Part of that duty of care is the responsibility of the employer to make their employees aware of the law. Each case is different, and if there are mitigating circumstances in relation to the actions of an employee, the courts can take that into account. However, even for well-meaning reasons, we must not allow a potential loophole in the legislation that the unscrupulous can exploit. Sadly, the 1990 legislation has been exploited, which is why it is important that we close that loophole.