1

House of Commons

Notices of Amendments

given up to and including

Monday 28 November 2016

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: NC1

Consideration of Bill (Report Stage)

Criminal Finances Bill, As Amended

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in the

order in which they relate to the Bill.

New Clause

Dominic Raab

Dame Margaret Hodge

Tom Brake

Mr Douglas Carswell

Ian Blackford

Caroline Lucas

Mr Andrew Mitchell

Mr Dominic Grieve

Dr Sarah Wollaston

Mr Jonathan Djanogly

Tim Loughton

Mr Jacob Rees-Mogg

James Gray

Bob Stewart

Sir Edward Garnier

Ms Harriet Harman

Margaret Beckett

Chris Bryant

Catherine McKinnell

Caroline Flint

Rachel Reeves

Mr Ben Bradshaw

Rushanara Ali

Mr David Lammy

Ms Margaret Ritchie

Mark Durkan

Sammy Wilson

NC1

To move the following Clause—

Notices of Amendments: 28 November 2016                  

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Criminal Finances Bill, continued

“Civil recovery: gross abuse of human rights

(1)    

Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of

unlawful conduct) is amended as follows.

(2)    

In section 241 (which defines unlawful conduct), after subsection (2), insert—

“(2A)    

Conduct which—

(a)    

occurs in a country or territory outside the United Kingdom and

has been designated as conduct by a person connected to a gross

human rights abuse in accordance with the provisions of section

241B, and

(b)    

if it occurred in a part of the United Kingdom, would be or would

have been unlawful under the criminal law of that part at the

relevant time,

is also unlawful conduct.”

(3)    

After section 241 (which defines unlawful conduct), insert—

“241A

  Conduct connected to a gross human rights abuse

(1)    

“Conduct connected to a gross human rights abuse” means—

(a)    

involvement by a Person (“A”) in torture or other serious

breaches of human rights and fundamental freedoms against a

Person (“B”) where B sought or seeks—

(i)    

to expose illegal activity carried out by foreign public

officials, or

(ii)    

to obtain, exercise, defend or promote human rights and

fundamental freedoms,

(b)    

activities by a Person (“C”) as an agent in a matter relating to an

activity by A described in paragraph (a),

(c)    

activities by a Person (“D”) to profit from, materially assist,

sponsor, or provide financial, material or technological support

for, or goods and services in support of, an activity by A

described in paragraph (a),

(d)    

commission by a Person (“E”), whether or not a foreign public

official, of the illegal activity described in paragraph (a)(i).

(2)    

For the purposes of this section, it is immaterial where the conduct

occurred.

(3)    

In this section “human rights and fundamental freedoms” means the

“Convention rights” as defined in section 1 of the Human Rights Act

1998.

241B  

  Designation of conduct connected to a gross human rights abuse

(1)    

The High Court may make an order designating that the actions of the

respondent constitute conduct connected to a gross human rights abuse

and, if considered appropriate, that—

(a)    

a person is prohibited from dealing with property, funds or

economic resources owned, held or controlled by the respondent

if the person knows, or has reasonable cause to suspect, that the

person is dealing with such property, funds or economic

resources,

(b)    

a person is prohibited from making property, funds or financial

services available (directly or indirectly) to the respondent if the

person knows, or has reasonable cause to suspect that the person

is making the funds or financial services so available,

Notices of Amendments: 28 November 2016                  

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Criminal Finances Bill, continued

(c)    

a person is prohibited from making funds or financial services

available to any person for the benefit of the respondent if the

person knows, or has reasonable cause to suspect, that the person

is making the funds or financial services so available.

(2)    

An order under subsection (1) may only be made on application.

(3)    

An application for an order under subsection (1) may be made by—

(a)    

the Secretary of State,

(b)    

an individual, or

(c)    

an entity, including a non-governmental organisation.

(4)    

An application for an order under subsection (1) must be supported by a

statement of information which addresses—

(a)    

the circumstances surrounding the respondent’s conduct

connected to a gross human rights abuse, and

(b)    

the nature and extent of the respondent’s involvement.

(5)    

An application for an order under subsection (1) may be made without

notice to the respondent to a judge in chambers.

(6)    

The Court must be satisfied that it is in the public interest to make an

order under subsection (1).

(7)    

The Court shall reach a decision on an order under subsection (1) on the

balance of probabilities.

241C  

  Duration, extension, variation and discharge of an order

(1)    

The High Court shall specify the duration of an order under section

241B(1) which shall not exceed two years.

(2)    

In determining the duration of an order, the Court shall have regard to the

likely duration of consequential proceedings under this Part.

(3)    

The Court may extend an order for a maximum period to two years at any

time before it expires, if it is satisfied that the requirements of a

designation order continue to be met.

(4)    

An extension application may be made without the need for a hearing if

the court considers it appropriate.

(5)    

An application to extend, vary or discharge an order may be made to the

court by—

(a)    

the Secretary of State,

(b)    

the applicant,

(c)    

the respondent, or

(d)    

any person affected by the order.

(6)    

An application to discharge a designation order must be made by the

applicant as soon as reasonably practicable in circumstances where the

requirements of an order are no longer satisfied.

Notices of Amendments: 28 November 2016                  

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Criminal Finances Bill, continued

241D  

  Appeals, etc.

(1)    

The following persons may appeal to the Court of Appeal in respect of

the High Court’s decision on matters falling to be decided under sections

241B and 241C—

(a)    

the applicant,

(b)    

the respondent, or

(c)    

any person affected by the order.

(2)    

On an appeal under subsection (1) the Court of Appeal may—

(a)    

confirm the decision, or

(b)    

make such orders as it believes appropriate.

(3)    

An appeal lies to the Supreme Court from a decision of the Court of

Appeal on an appeal under this section.

(4)    

An appeal under this section lies at the instance of any person who was a

party to the proceedings before the Court of Appeal.

(5)    

On an appeal under this section the Supreme Court may—

(a)    

confirm the decision of the Court of Appeal, or

(b)    

make such order as it believes is appropriate.

241E  

  Standard to be applied

All matters to be determined by a court under sections 241B to 241D are

to be decided on the balance of probabilities.

241F  

  Costs

In the exercise of its discretion, a court may, on application, make a costs

capping order in respect of proceedings under sections 241B to 241D.

241G  

  Duties in respect of gross abuse of human rights

(1)    

It shall be the duty of the Secretary of State to apply for an order under

section 241B where the Secretary of State is satisfied that—

(a)    

the requirements for the making of an order are met; and

(b)    

it is in the public interest to make the application.

(2)    

It shall be the duty of the Secretary of State to maintain a public register

of—

(a)    

individuals in respect of whom orders have been made under

section 241B(1),

(b)    

the circumstances giving rise to the making of such orders, and

(c)    

any decisions of a court under sections 241C and 241D in

relation to such orders.

(3)    

In any case where a relevant authority considers that evidence is available

of property being held by a person in respect of whom an order has been

made under section 241B which may represent property obtained

through unlawful conduct, it shall be the duty of the relevant authority to

seek to initiate proceedings for civil recovery under this Part.”

Notices of Amendments: 28 November 2016                  

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Criminal Finances Bill, continued

(4)    

In section 304 (which defines recoverable property), after subsection (1), insert—

“(1A)    

Property of a person who is the subject of a designation order under

section 241B is presumed to have been obtained through unlawful

conduct unless the contrary is shown by the respondent.””

Member’s explanatory statement

This new clause extends the scope of unlawful conduct for the purposes of Part 5 of the Proceeds

of Crime Act 2002 to cover to certain actions connected to a gross human rights abuse which has

taken place abroad.

Order of the House [25 October 2016]

That the following provisions shall apply to the Criminal Finances Bill:

Committal

1.    

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 24 November 2016.

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Proceedings on Consideration and up to and including Third Reading

4.    

Proceedings on Consideration and any proceedings in legislative grand

committee shall (so far as not previously concluded) be brought to a

conclusion one hour before the moment of interruption on the day on which

proceedings on Consideration are commenced.

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.    

Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and up to and including Third Reading.

Other proceedings

7.    

Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.