Clause 18 - Liability of others for certain offences committed by bodies

Part of Tobacco and Vapes Bill – in a Public Bill Committee am 2:45 pm ar 9 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Preet Kaur Gill Preet Kaur Gill Shadow Minister (Primary Care and Public Health) 2:45, 9 Mai 2024

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.