§ Mr. Martyn JonesTo ask the Attorney-General if he will list those offences in law that may be referred to as improper trading or misrepresentation of company financial status; if he will make a statement on the position of(a) civil servants and (b) Ministers, should companies to which they hold directorships be found guilty of such offences; and if he will make a statement. [31854]
§ Mr. LangI have been asked to reply.
What offence or offences were charged in any particular case would depend on the individual circumstances of that case, but the offences which might be charged would include section 458 of the Companies Act 1985 (Fraudulent Trading), section 233 (Approval and Signing of Accounts) or section 234 (Duty to Prepare Directors' Report) of the Companies Act 1985, section 47 of the Financial Services Act 1986 (Misleading Statements and Practices), section 17 of the Theft Act 1968 (False Accounting), section 209 (Falsification of Company's Books) or section 210 (Material Omissions from statement Relating to Company's Affairs) of the Insolvency Act 1986.
The position of any civil servant found guilty of a criminal offence is a matter for the Department in which the individual is employed in accordance with its disciplinary procedures. A Minister in a similar position would be responsible for judging how best to act and for justifying his or her conduct to Parliament. Ministers can remain in office only for as long as they retain the Prime Minister's confidence.