§ Mr. GardinerTo ask the Secretary of State for Trade and Industry what reasons underlie the policy set out in the provisions of draft Orders under the Export Control Act 2002 that lack of criminal intent is not an acceptable defence in cases of strict liability offences involving the supply or attempted supply of goods or technology that might be used in the production of weapons of mass destruction; and for what reasons no equivalent provisions are included relating to the supply of information which might be used in the production of weapons of mass destruction. [106081]
393W
§ Nigel GriffithsThe Government believe that in view of the seriousness of offences relating to the supply of goods, technology or technical assistance which the provider knows or has been informed are for use in connection with weapons of mass destruction, the person (or legal entity) concerned should be liable to prosecution whether or not there was a deliberate intent to evade the legislation.
The draft Export of Goods, Transfer of Technology, and Provision of Technical Assistance (Control) Order does provide for strict liability offences in relation to the supply of information which is or may be intended for use in connection with the production of weapons of mass destruction. The Order makes provision for strict liability offences in respect of the electronic transfer of technology, the transfer by non-electronic means (including oral communication) and the provision of technical assistance in connection with a weapons of mass destruction programme.