Clause 22 - Limitations of emergency regulations

Part of Civil Contingencies Bill – in a Public Bill Committee at 2:30 pm on 10 February 2004.

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Photo of Oliver Heald Oliver Heald Shadow Leader of the House of Commons 2:30, 10 February 2004

A range of offences carries a maximum penalty of three months. Those are minor offences, although, obviously, no offence is a minor matter. The maximum penalty in a magistrates court is six months, and the penalties that we are discussing are half of that, so that gives us a feeling of what three months represents.

It would be helpful if the Minister could explain whether three months is seen as the maximum term for all the offences, or whether he has in mind strict liability offences that carry a one-month maximum term or, perhaps, only a purely financial penalty. Are the Government saying that there will be just three offences, all of which will carry a maximum penalty of three months and a set level of fine, but that they have not worked out whether recklessness, negligence or intention will be the mental element? Are they saying that there will not be a family of offences as regards failing to comply, but just one, and that the same will apply to the other provisions? The Minister might also tell us what he thinks would happen in a serious case. Is he relying on provisions for other offences, such as those relating to affray or civil disorder?