Clause 2
Fraud Bill [Lords]
10:45 am
David Heath (Shadow Leader of the House of Commons & Shadow Cabinet Office Minister, Cabinet Office; Somerton and Frome, Liberal Democrat)
I would take a similar view. I just want to make a couple of observations about the framing of the clause, for reference when we discuss later clauses. First, there is a clear mens rea in this clause, which I think is right. Secondly, the term is
“dishonestly makes a false representation”,
not “makes a dishonest representation.” That is an important distinction. There are two factors in play: first, there is the issue of whether the representation is false; secondly, making that false representation is a dishonest act in itself, and there is the issue of whether the person is aware that they are dishonestly making a false representation. That has relevance to debates that we will have on later clauses, but it would be wrong of me to explore that area further at this stage. I simply point out, for the benefit of the Committee, that that is the case.