HL Deb 03 July 1907 vol 177 cc650-1

Bill read 3a according to order.

*THE LORD PRESIDENT OF THE COUNCIL (The Earl of CREWE)

My Lords, I have one or two small Amendments to this Bill. The House may remember that the last time the measure was before your Lordships the noble Lord in charge of the Bill, Lord Hylton, had put down an Amendment to Clause 1, and I suggested then that if he would confer with the Department we might be able to frame some form of words which would be agreeable both to him and to us. The noble Lord was kind enough to carry out that suggestion, and I understand that he agrees to the Amendments which we propose. The point which arose was whether, in the case of a company contravening the provisions of the Bill, all the directors, officers, and others should be made personally liable, and it was suggested that in some cases that provision might operate rather hardly. Consequently, we have proposed that while the company itself should be liable, which, of course, is one of the principal objects of the Bill, the directors and officers of the company should only be liable if they knowingly and wilfully authorised or permitted such contravention. That seems to meet the case of anybody who for some reason or other is really not personally concerned and so ought not to be personally liable. I beg, therefore, to move the first Amendment standing in my name.

Amendment moved— In Clause 1, page 1, line 8, to leave out from the second word ' company' to the word ' shall' in line 10."—(The Earl of Crewe.)

On Question, Amendment agreed to.

Amendment moved— In Clause 1, page 1, line 12, after the word 'happens' to insert the words 'and every director, manager, or other officer of the company who knowingly and wilfully authorises or permits such contravention shall incur the like penalty.' "—(The Earl of Crewe.)

On Question, Amendment agreed to.

*THE EARL OF CREWE

There is also a small Amendment to Clause 2 of a drafting character. It is the opinion of the Department that the form of words which we propose to insert carries out the design more fully and completely than do the words in the Bill as it stands. I beg, therefore, to move that this Amendment be agreed to.

Amendment moved— In Clause 2, page 2, line 5, to leave out from the word "means" to the end of the clause, and to insert the words ' any body corporate wherever established which carries on business in the United Kingdom.'"—(The Earl of Crewe.)

On Question, Amendment agreed to.

Bill passed, and sent to the Commons.