Currently, imprisonment is available only for breaching an enforcement notice or an asbestos removal licence. It would also increase the scale of fines, allowing lower courts to hear more of the cases.
While EEF supports the principle of serious penalties for serious offences, the Bill proposes a ‘one size fits all’ approach in which the penalties available are the same for almost all offences. Without some clarification there is a risk of custodial sentences being given for relatively minor offences.
The Bill has received cross-party support through the House of Commons and is due for its 3rd reading on 10th October 2008. It is on course to become law soon afterwards.
EEF has been very active in engaging with Ministers and their shadows, the Bill’s sponsor and relevant officials. Our representations were referred to positively in parliament. Whilst the broad parliamentary support meant it was not possible to amend the Bill, commitment was won to produce detailed sentencing guidelines to help the judiciary identify appropriate penalties for offences.
We will be working to ensure that the sentencing guidelines are both clear and robust in reserving custodial sentences for the most serious offences.
Contrary to some rumours, the Bill would not make it possible to prosecute a company and then simply imprison the directors if it is found guilty. For imprisonment to be an option, a prosecution would have to be taken against a named individual for failing to discharge their duty.