Raw sewage pollution in our rivers and seas has rightly caused outrage across the country. Labour’s plans to fix this include tough new powers to make law-breaking water bosses face criminal charges—but how will this work exactly?
In this week’s NLJ, Tom McNeill, partner at BCL Solicitors, puts the pledge under scrutiny.
McNeill writes: ‘The law already contains provisions which allow for company officers to be prosecuted if environmental offences committed by the company are proved to have been committed with their “consent”, “connivance”, or “attributable to their neglect”. Those found guilty risk going to jail.’
McNeill asks where the legal principle of ‘personal fault’ features in Labour’s plans. How do the plans differ from existing laws on corporate criminal liability? Will the plans actually result in cleaner water?
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