If the design is proven flawed, as it happens, I am pretty sure their quality management system requires to raise a non-conformance, investigate, and issue a CA/PA.
As they already have designed a new breather, it's evident this already happened and they are fully aware their car may dump contaminant oil to the environment in regular operating conditions (nobody designs a new part if it is not needed regularly).
They should not be allowed to send cars out to our roads as the final leak check environment. This final test should be done in their premises where any dump would be controlled and disposed accordingly to current regulations which the Environment Agency governs.
Accidental dump is that; an accident, but the current number of cases we are seeing are not an accident, it's a trend, and it is happening in all countries.
We need to provide the Env. Agency with enough evidence that this is not accidental but a common defect, and MG is risking the environment to save some pounds, which is unacceptable.
All this is on top of the owner's responsibility who cannot be blamed for the first leak that could have been avoided by an available and known solution. Furthermore, we owners are demanding to have this solution installed before a environmental damaging event happens! We are doing our part. I find normal to ask the EA to enforce MG to do theirs.