Clause 12
Fraud Bill [Lords]
5:15 pm
David Heath (Shadow Leader of the House of Commons & Shadow Cabinet Office Minister, Cabinet Office; Somerton and Frome, Liberal Democrat)
I have a brief inquiry. I take the view that officers of a company should be individually responsible for the actions of the company when it acts dishonestly. However, as has been pointed out, there is no mens rea provision in the clause. The company officer does not have to have formed the dishonest intention himself or herself to be guilty of an offence under this section unless there is perhaps another construction on the clause of which I am unaware. That is of some concern. Is the Solicitor-General’s view that as an officer of the company they have a duty and responsibility to be aware of whether the action in which they are consenting or conniving is a dishonest and fraudulent act? If that is the view then by consenting or conniving, as the clause says, they would have formed the dishonest intent at that point. I would be grateful if the Solicitor-General told me whether that is the construction that he places on the clause and explained how precisely it would work.