Tobacco and Vapes Bill – in a Public Bill Committee am 2:45 pm ar 9 Mai 2024.
The clause makes a person potentially liable for an offence committed by a body, when that offence has been committed with their consent, connivance or neglect. That means that a person would be liable in addition to the body, such as the company or partnership, that they are working for. It helps the overall purpose of the Bill by supporting local authority trading standards in enforcing tobacco and vape age of sale regulations, as they can punish both individuals and businesses when conducting their enforcement activity. I commend the clause to the Committee.
As with previous clauses, we support clause 18. It would not be right if someone working in a local shop could receive orders from a higher authority in their organisation to breach the regulations, but only that person or premises could be proceeded against, not the company or the director, manager or senior person who may ultimately be responsible.
There are already a number of situations in our law where, if an offence is committed by a company and it is proven to have been committed with the consent or connivance of a director, manager or senior person, that person is also guilty of the offence. I am satisfied that the clause is an appropriate application of that mechanism, as it refers to the persistent breach of regulations, and therefore would indicate a systemic problem. We support its inclusion in the Bill.