Page 3755 - Week 12 - Thursday, 13 October 1994
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THE COMMITTEE MADE 12 RECOMMENDATIONS, 9 OF THEM SUGGESTING CHANGES TO PROPOSED PENALTIES IN THE BILL.
THE GOVERNMENT AGREES TO 6 OF THE RECOMMENDATIONS.
RECOMMENDATION 1 SUGGESTS THAT THE PRINCIPLES BE INCORPORATED IN A PREAMBLE TO THE BILL. THIS IS NOT AGREED. THIS IS BECAUSE THESE PRINCIPLES ARE ALREADY INCORPORATED IN THE EXPLANATORY MEMORANDUM TO THE BILL AND HENCE FORM PART OF EXTRINSIC MATERIAL FOR THE PURPOSES OF STATUTORY INTERPRETATION.
RECOMMENDATIONS 2, 3, 4, 6, 9 AND 11 ARE AGREED. ALL OF THESE, EXCEPT RECOMMENDATIONS 3 AND 4, RECOMMEND A CHANGE IN THE LEVEL OF PENALTY PROPOSED IN THE BILL.
RECOMMENDATION 3 CANVASSES THE NEED FOR CONSISTENT APPLICATION OF THE DIFFERENTIAL PENALTIES ON NATURAL PERSONS AND BODIES CORPORATE. THIS RECOMMENDATION IS AGREED AND AS MUCH AS POSSIBLE DIFFERENTIAL PENALTIES WILL BE USED IN THE REVIEWS SECOND STAGE.
THE CURRENT POLICY WITHIN MY DEPARTMENT IS TO RECOMMEND PENALTIES IN THE CASE OF BODIES CORPORATE FOR VIRTUALLY ALL PROPOSED OFFENCES, FOR THE CONSIDERATION OF AGENCIES.
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