HC Deb 19 July 1967 vol 750 cc2420-1
Mr. Darling

I beg to move Amendment No. 281, in page 86, line 30, after '88', to insert '(as read with 99(3))'.

The Amendment takes us back to Clause 88, which states that where an offence under Part II of the Bill committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director or officer of the body corporate, he as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly. For this purpose, a person in accordance with whose directions the directors act is deemed to be a director.

Clause 111 states that Clause 88 shall have effect in relation to offences under Part III of the Bill as it has in relation to offences under Part II. The Amendment states that for this purpose, Clause 88 shall be read with Clause 99(3), which states, in effect, that a person shall not be deemed to be a director of a company by reason only that the directors act on advice given by him in a professional capacity. The effect is that a person who gives professional advice is given the same safeguard in relation to an offence under Part III as he has under Part II.

I am sure that this will be accepted by all those who fight for the liberty of the subject, as the hon. Member for Gloucestershire, South (Mr. Corfield) has done so manfully throughout the long proceedings on the Bill.

Amendment agreed to.