Criminal Liability in Regulatory Contexts Responses - Law ...

EEF: The Manufacturers’ Association
1.813 EEF has been concerned for some time that regulations are made without proper
parliamentary scrutiny or in many cases the awareness of most members of the
Commons and Lords. We criticised this de3mocractic deficit in the recent report
“Reforming Regulation – improving competitiveness, creating jobs”. We are
particularly concerned that so many EU directives with far-reaching
consequences are never debated in Westminster. This lack of scrutiny reduces
the workload of Parliament but to the detriment of parliamentary accountability.
The ease with which regulations can be made has contributed to excessive
regulation. If regulations warrant criminal sanctions, they also warrant proper
debate in parliament and the profile that this brings EEF therefore strong
supports a requirement that all regulation creating criminal offences must be
enacted through primary legislation. This would address a serious democratic
deficit. If an offence is serious enough to warrant a penalty in criminal law, it also
warrants full consideration by parliament.
Faculty of Advocates
1.814 The enactment of a new criminal offence is a serious step and is one that should
be reserved to primary legislation.
Central England Trading Standards Authorities (CETSA) and West Midlands
Region County Chief Environmental Health Officers Group
1.815 It is for Parliament to create legislation. The scope for agencies and local
authorities to make secondary legislation is highly limited, so the comments in the
consultation paper are not easy to follow, although they may have been easier
had we had the time to take up the academic reference to article, “Better
Regulation and the Small Enterprise” by J Kitching in the book, “Better
Regulation” 2007, S Weatherill (ed.)
1.816 If the amount of criminal offences being created were not to reduce drastically,
we doubt if Parliament would have the time to enact what is needed. Provided
legislation is well drafted, deals with the issues that arise, gives certainty to
businesses that are regulated and that emergency legislation can be enacted to
deal with emergency situations, such as emerging safety issues, we have no
preference about whether it is in primary or secondary legislation.
Food Law Group
1.817 The Group does not see this proposal to limit the creation of criminal offences to
primary legislation only to be a practical or necessary provision and could result
in adverse consequences. Many regulatory offences in the food sector are now
created under EU regulations and the only UK legislation involved is the
enforcement provision which it would be cumbersome to deal with as primary
legislation.
CBI
1.818 We strongly agree. This would enable appropriate Parliamentary scrutiny and
debate to be undertaken. It is not clear how there can be, (nor indeed that there
should be), a carve-out for minor details.
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