Is the UK/EU approach to corporation regulation too heavy-handed? Khawar Qureshi QC reports
To understand the present approach to corporate regulation in the UK, it is necessary to appreciate the philosophical dilemma presented by the fact that a company is a creature of law, and to hold it liable under criminal law invariably involves blaming an individual or individuals whose conduct is (artificially) imputed to the company.
Hence, recent trends towards placing greater responsibility upon companies by means of legal regulation are designed to “persuade” them to develop practices and due diligence-based systems, which are aimed at making wrong-doing less likely. It is for that reason that companies may, for example, face big penalties vis-à-vis cartel behaviour or corporate manslaughter charges when it is apparent that systems were not in place, were deliberately overridden, or failed to prevent wrongdoing.
Different societies use their own methods to try to ensure that companies operate within the ambit of the rule of law. However, the use of statute to “put down markers”, combined with the activities of regulatory agencies and self regulation, is the essential combination in
