Clause 40 - Defence of acting under employer's instructions

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 9:30 am on 25 January 2005.

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Photo of Elliot Morley Elliot Morley Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs 9:30, 25 January 2005

Some of the figures may be difficult to extract. However, I shall respond to the other general points that the hon. Gentleman made. Prosecutions can be taken against the employee and the employer, depending on the circumstances. I would not want him to think that an unscrupulous employer who intimidated an employee into taking part in a criminal action relating to fly-tipping would get away with it, because both can be prosecuted under the law. However, it is not a defence for most offences committed in the course of someone's work that they were under instructions.

I am not unsympathetic to the points made about bullying and intimidation, because that does go on, and what the hon. Gentleman says about mitigation in relation to sentencing is of course true, but the person has committed a criminal offence. It may be easy for those of us who do not know the circumstances or the pressure that people are under to say that, but they should not commit a criminal offence, because of course that makes them liable too. They should report what is happening; there is action that they can take. The hon. Gentleman talked about the unacceptable face of capitalism. I gently remind him that we have of course been advocates of trade unions, whose aim is precisely to protect the interests of people who are put in those circumstances and to give them a defence. There is provision for such people, and steps that they can take.

There is a big loophole. I cannot give the hon. Gentleman detailed information as to the exact number of cases, and it may be very difficult to acquire that information, but I know from discussions with the Environment Agency and local authorities that they have been frustrated by people who have tried to use the defence that they were under instructions. That is why the measure is supported by the Local Government Association and the Environment Agency; because they can see that it will make the legislation more effective.

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