Criminal Liability in Regulatory Contexts Responses - Law ...

Trading Standards Institute (TSI)
1.124 Local Authority (LA) Trading Standards Services (TSSs) aim to promote a fair
and safe trading environment for businesses and consumers. The implications of
this consultation could, therefore, mean drastic changes for TSSs. TSI believes
that confident consumers can only add to a prosperous economy. Most of
Trading Standards work involves the investigation and prevention of crimes in
varying degrees - from what may seem the relatively trivial (not providing written
cancellation rights), all the way up to high-level investigations of companies that
are defrauding consumers of millions of pounds.
1.125 All through the varying degrees of their work, Trading Standards Professionals
rely on criminal law to assist them in changing behaviour, punishing wrongdoers,
and encouraging compliance in order to achieve their aims. TSI believes that
these aims can only work with the effective deterrent of a criminal prosecution.
Civil powers under the Enterprise Act 2002 can help with large scale consumer
complaints, often involving national high street retailers, but the Act is often
ineffective with authority-hopping rogue traders who commit offences in one LA
area and then move on to the next. This is happening at a time when the
consumer landscape is about to change significantly. For example, in mid-
October the Government announced the future abolition of Consumer Focus.
Furthermore, most of the consumer protection functions of the OFT are likely be
transferred to TSSs. To then have many TSS functions 'diluted' will only weaken
the effective consumer protection environment that we now have.
1.126 It should also be mentioned that TSSs are going through significant cuts at the
moment and that, in our experience, civil action can take a long time and often is
not considered to be 'value for money'.
1.127 We would like to add the following comment from one Trading Standards
Professional after reading the consultation: “Removing “minor” offences and
replacing them with civil sanctions [could lead to] TSSs being seen as money
making, target hitting issuers of hidden taxes instead of professional,
independent inspectors.”
Care Quality Commission (CQC)
1.128 Some proposals have considerable merit, others may lead to difficulties for the
regulation of health and social case in England. Users of health and social care
services are often vulnerable or at vulnerable points in their lives. Where a
provider is capable of meeting essential standards of quality and safety but has
not done so and people have suffered harm as a result, it can be appropriate to
hold them to account using proportionate criminal processes as well as taking
action to ensure safety using civil processes. The ability to prosecute providers
for carrying on services without being registered is particularly important – no
other action is possible. CQC’s ability to prosecute is a deterrent. Removing
powers would increase risks to people. The ability to hold directors and senior
public officials to account avoid their being able to hide behind a corporate
identity.
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