Criminal Liability in Regulatory Contexts Responses - Law ...

1.922 Most of the requirements to notify information relate to particularly hazardous
substances or procedures and often operate as part of an actual or quasipermissioning
regime with the work not being allowed to commence either until
actual permission has been given or until a set period of time has elapsed from
the notification, for example, the Genetically Modified Organisms Contained Use
Regulations 2000 as amended. Under this proposal, no consideration is given to
the purpose of a notification or the effect of any failure to notify. Failure to notify
an intention to work with a Hazard Group 4 organism for the first time directly
impacts on the risks to the health of workers and the general public because HSE
would not have the opportunity to ensure the adequacy of the risk assessments
or the containment measures necessary to ensure the work can be carried out
safely.
1.923 Further notification requirements in COSHH and GMO(CU) (ad other regimes
such as COMAH) largely stem from European requirements and those Directives
require the notification requirements to be enforced irrespective of fault.
1.924 Secondly, in terms of the requirement to provide information for the purposes of
an investigation or examination (HSWA s20(2)(j)), this proposal would inhibit
proper investigation,. Most of the information we require in order to properly
investigate any incident, including a work related fatality, is held within the
employer company and its servants are the gatekeepers. In this circumstance we
are concerned with intentional refusal to provide that information, either by
applying pressure to employees to not assist a criminal inquiry. This proposal
appears to capture this situation too and we would not agree to its application for
the reasons given,
Trading Standards Institute (TSI)
1.925 Providing all the information consumers and businesses need to make an
informed decision is very important – a large part of the offences under the
Consumer Protection from Unfair Trading Regulations 2008, which is the
cornerstone of Trading Standards legislation, is reliant on this. Consumers today
expect a large amount of information before their transactional decision is made.
Relaxing rules on providing information can lead to businesses cutting corners
and consumers not being sure of what they are actually getting into (this is
especially the case in credit agreements). In these financially challenged times
most businesses will see this as a cost-cutting measure, decreasing consumer
confidence and leading consumers into possible debt and unsatisfactory
purchases.
RSPCA
1.926 As mentioned in response to Proposal 10, the required fault element of the AWA
is an objective one. Criminal sanctions are entirely appropriate in relation to
offences against animals and it would not be in the public interest to excuse
those “only” guilty of failing to provide (or inadvertently providing the wrong)
information.
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