Member

Some noble Lords may ask whether it is appropriate to impose criminal liability on companies for the actions of riders who are not technically their employees. I say the answer is yes, because it is a failure to prevent offence grounded in the company’s own culpability. My amendment satisfies all the legal requirements for the rather rare offence of criminal vicarious liability. The offence is so structured that the company is liable only for its own failure, not the riders’, if it fails to have reasonable prevention procedures in place. The associated person definition mirrors the Bribery Act’s definition of those who perform services for or on behalf of the organisation. I built in a defence of reasonable procedures, including exactly the same statutory defence as in the Bribery Act and the Criminal Offences Act 2017. The offence is proportionate to the harm.