Labour plans to stop sewage polluting our rivers and seas include the eye-catching proposal: ‘Water bosses who oversee repeated law-breaking will face criminal charges.’ What does this mean? 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.
Guilt can be assumed
Comments from the shadow environment secretary, Steve Reed, suggest that the intention is to change the law to remove the requirement to prove such individual fault by senior managers when there is repeated serious offending by the company. When it comes to water company bosses, the idea appears to be that guilt can be assumed.
This article was first written for, and published in New Law Journal on 28 June 2024. To read the full article, please click here.
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