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New Clause 9
Assumptions as to benefit and value of proceeds
.--(1) The Crown Court shall, for the purpose of determining whether the defendant has benefited from terrorist-related activities and, if he has, of assessing the value of his proceeds of those activities, make the following assumptions, except to the extent that any of the assumptions are shown to be incorrect in the defendant's case--
(a) that any property appearing to the court--
(i) to have been held by him at any time since his conviction ; or (ii) to have been transferred to him at any time since the beginning of the period of six years ending when the proceedings were instituted against him,
was obtained by him, at the earliest time at which he appears to the court to have held it, as a result of terrorist-related activities engaged in by him ;
(b) that any expenditure of his since the beginning of that period was met out of the proceeds of such activities engaged in by him ; and
(c) that, for the purpose of valuing any property obtained or assumed to have been obtained by him at any time as a result of such activities, he obtained the property free of any other interests in it.
(2) Where the court decides that any assumption mentioned in subsection (1) above is incorrect in the defendant's case it shall state its reasons for that decision.
(3) As respects property or expenditure in relation to which the foregoing assumptions do not fall to be made the standard of proof required of the prosecution on the question whether the defendant has benefited from terrorist-related activities and, if so, as to the value of his proceeds of those activities shall be that applicable in civil proceedings.'-- [Mr. Brooke.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 10
Statements, etc., relevant to making confiscation orders
.--(1) Where--
(a) there is tendered to the court by the prosecution a statement as to any matters relevant in the case of a defendant who has been convicted of a relevant offence--
(i) to the determination whether the defendant has benefited from terrorist -related activities ; or
(ii) to the assessment of the value of his proceeds of those activities ; or
(iii) to the determination whether the requirements of section ( -- Confiscation orders --)(5) above are satisfied ; and
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(b) the defendant accepts to any extent any allegation in the statement,the court may, for the purposes of that determination and assessment, treat his acceptance as conclusive of the matters to which it relates.
(2) Where--
(a) a statement is tendered under subsection (1)(a) above ; and (b) the court is satisfied that a copy of that statement has been served on the defendant,
the court may require the defendant to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.
(3) If the defendant fails in any respect to comply with a requirement under subsection (2) above, he may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which he has complied with the requirement.
(4) Where--
(a) there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made ; and (b) the prosecution accepts to any extent any allegation in the statement,
the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.
(5) An allegation may be accepted or a matter indicated for the purposes of this section either--
(a) orally before the court ; or
(b) in writing in accordance with Crown Court rules.
(6) No acceptance by the defendant under this section that any property was obtained by him as a direct or indirect result of terrorist-related activities engaged in by him or another shall be admissible in evidence in any proceedings for an offence. (7) If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under this section or otherwise), the court may issue a certificate giving the court's opinion as to the matter concerned and shall do so if satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the defendant's proceeds of terrorist-related activities.'-- [Mr. Brooke.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 11
Assisting another to retain proceeds of terrorist-related activities
.--(1) Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby
(a) the retention or control by or on behalf of another (referred to hereafter as "A") of A's proceeds of terrorist-related activities is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise) ; or
(b) A's proceeds of such activities--
(i) are used to secure that funds are placed at A's disposal ; or (ii) are used for A's benefit to acquire property by way of investment,
knowing or having reasonable cause to suspect that A is a person who engages in or has engaged in such activities or has benefited from such activities, he is guilty of an offence.
(2) In this section references to any person's proceeds of terrorist- related activities include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of such activities.
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(3) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, then, if he does any act in contravention of subsection (1) above and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if- -(a) the disclosure is made before he does the act concerned and that act is done with the consent of the constable ; or
(b) the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it. (4) In proceedings against a person for an offence under this section it is a defence to prove--
(a) that he did not know or suspect that the arrangement related to any person's proceeds of terrorist-related activities ; or (b) that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1) above ; or (c) that--
(i) he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement, but
(ii) there is reasonable excuse for his failure to make disclosure in accordance with that subsection.
(5) A person guilty of an offence under this section is liable (a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both ;
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.'-- [Mr. Brooke.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 12
Concealing or transferring proceeds ofterrorist-related activities
.--(1) A person is guilty of an offence if he--
(a) conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of terrorist-related activities ; or
(b) converts or transfers that property or removes it from the jurisdiction,
for the purpose of avoiding prosecution for a relevant offence or the making or enforcement in his case of a confiscation order. (2) A person is guilty of an offence if, knowing or having reasonable cause to suspect that any property is, or in whole or in part directly or indirectly represents, another person's proceeds of terrorist-related activities, he--
(a) conceals or disguises that property ; or
(b) converts or transfers that property or removes it from the jurisdiction,
for the purpose of assisting any person to avoid prosecution for a relevant offence or the making or enforcement of a confiscation order.
(3) A person is guilty of an offence if, knowing or having reasonable cause to suspect that any property is, or in whole or in part directly or indirectly represents, another person's proceeds of terrorist-related activities, he acquires that property for no, or for inadequate, consideration.
(4) In subsections (1)(a) and (2)(a) above the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.
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(5) For the purposes of subsection (3) above consideration given for any property is inadequate if its value is significantly less than the value of that property, and there shall not be treated as consideration the provision for any person of services or goods which are of assistance to him in terrorist-related activities. (6) A person guilty of an offence under this section is liable (a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both ;(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.'-- [Mr. Brooke.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 13
Enforcement and supplementary provisions
. Schedule ( --Confiscation orders : supplementary provisions --) to this Act shall have effect with respect to the enforcement of confiscation orders and otherwise for supplementing the provisions of this Part of this Act.'-- [Mr. Brooke.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 14
Interpretation of confiscation provisions
.--(1) In this Part of this Act--
"charging order" means an order made under paragraph 6 of Schedule ( -- Confiscation orders : supplementary provisions --) to this Act ; "confiscation order" means an order made by a court under section ( -- Confiscation orders --) above ;
"defendant" means a person against whom proceedings have been instituted for a relevant offence (whether or not he has been convicted) ;
"gift caught by this Part of this Act" has the meaning given in section ( - -Realisable property -- --, value and gifts --)(8) above ;
"interest", in relation to property, includes right ;
"proceeds of terrorist-related activity" has the meaning given in section ( --Confiscation orders --)(2) above ;
"property" includes, in addition to money, all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property ;
"realisable property" has the meaning given in section ( --Realisable property, value and gifts --)(1) and (2) above ; "relevant offence" has the meaning given in section ( --Relevant offences --) above ;
"statutory provision" has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 ;
"terrorist-related activities" has the meaning given in section ( -- Confiscation orders --)(2) above.
(2) This Part of this Act applies to property wherever situated. (3) References in this Part of this Act to offences include references to offences committed before the coming into force of this Part of this Act but nothing in this Part of this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence if the proceedings were instituted before the coming into force of this Act.
(4) References in this Part of this Act to property obtained as a direct or indirect result of terrorist-related activities include references to property obtained partly in that manner.
(5) The following provisions also have effect for the interpretation of this Part of this Act.
(6) Property is held by any person if he holds any interest in it.
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(7) References to property held by a person include a reference to property vested in his trustee in bankruptcy or liquidator ; and references to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.(8) Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
(9) Proceedings for an offence are instituted--
(a) when a summons or warrant is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 in respect of that offence ;
(b) when a person is charged with the offence after being taken into custody without a warrant ;
(c) when an indictment is presented under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 ; and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.'-- [Mr. Brooke.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 1A
Identity Cards
The Secretary of State may make regulations--
(a) requiring all persons ordinarily resident in Northern Ireland to possess an identity card ;
(b) requiring such an identity card to contain a photograph ; and otherwise prescribing the format and content of an identity card ; (
(c) prescribing the circumstances in which passports may function as identity cards and providing for the issue of identity cards to visitors to Northern Ireland not carrying a passport ;
(d) specifying the circumstances in which a person may be required to produce an identity card ; and
(e) specifying penalties for failing to produce an identity card.'.-- [Mr. Trimble.]
Brought up, and read the First time.
Mr. David Trimble (Upper Bann) : I beg to move, That the clause be read a Second time.
The new clause would empower the Secretary of State to make regulations that provide for identity cards in Northern Ireland. It is deliberately drafted in a permissive form to give the Secretary of State leeway in introducing such a system. That is not to undermine or devalue the need for identity cards. Given the situation in Northern Ireland, there is clearly a need for a system of identity cards to enable everyone moving within its jurisdiction to be identified.
One of the major tools used by the security forces when trying to contain terrorism is the widespread operation of vehicle control points, road blocks, and road checks. Earlier this week, the Secretary of State himself, while commenting on the regrettable series of incidents of the past few days, referred to an increase in the number of vehicle control points in the hope that that would inhibit the movement of terrorists and their ability to carry out ghastly acts.
It is essential that those who man VCPs are able to identify people who pass through them, and an identity card system is necessary for that purpose. In Committee, the Minister of State commented : "on the face of it, we can see how a common identity card could be of help. It might help security forces who come to the Province for a relatively limited time and then leave, and do not have the benefit of developing detailed knowledge of the
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people in whose areas they serve, as does the Royal Ulster Constabulary. There might be therefore a certain security advantage in that regard."--[ Official Report, Standing Committee B, 31 January 1991 ; c. 326-7.]I welcome those comments, but the Minister was taking far too limited an approach. Not just Army personnel serving in the Province for a short time require the help given by identity cards ; members of the RUC need it. RUC officers may come to know all the people in rural areas with small populations but they cannot know everyone in areas with a population of tens of thousands. It would be impossible for RUC members to know everyone in such areas, let alone all the suspected terrorists. The Minister's remarks point to the need for identity cards to help all the security forces.
Identity cards should be linked to some form of computer databank from which other security intelligence would be available, so by cross- referencing the card, the security forces and others would have available a wide range of information about suspects. To a certain extent, that happens at present. Northern Ireland Members of Parliament are familiar with the extent to which it happens. We have documents which are used for identity purposes. I have in my hand a Northern Ireland driving licence ; I referred to it in Committee. Unlike licences in England and Wales, it carries a photograph and is produced in plastic.
Car licence plate numbers are held on a central computer. We know that there is a certain amount of tagging of such numbers. At vehicle checkpoints one regularly sees a member of the security forces reading car registration numbers into a microphone. The general understanding is that that information is transmitted to a central point and checked on the records to find out whether there are any tags in the computer for the registration numbers concerned. The security forces can then decide whether to pull in a car and its occupants for closer examination.
The system that I am arguing for exists to a certain extent already through driving licences and car number plates, but that is a partial, rather than an effective, system.
Rev. Ian Paisley : Should it not also be underscored that this House, in its wisdom, has decided that people must carry an identity card of some type when they vote, and have listed the only identity cards that are accepted on such an occasion?
Mr. Trimble : I thank the hon. Member for his intervention. He is perfectly correct, and the fact that the House decided that evidence of identity should be produced for one function underscores the need for it. The hon. Member will know that the multiplicity of documents available to prove identity for voting purposes is a weakness of the system. A coincidental benefit of new clause 1A is that it would provide for a single, common identity card which could be used instead of all those other documents. That is an incidental benefit, but I am afraid that, in Committee, the Minister was confused into thinking that it was one of the main planks of the proposal. We are arguing for an identity card system to help the security forces, so we need a comprehensive system.
Some people have reservations about identity cards. When one mentions computer records and other information being held centrally they get even more upset. They think that the existence of such information will undermine civil rights or infringe their human liberties in
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some way. Like some other hon. Members, I find it difficult to see any merit in that argument. There is nothing unusual about identity cards. Indeed, we are all wearing one. If one looks around the House, one can see several hon. Members who are clearly wearing the required identity card. Hon. Members obviously do not find that the personal use of an identity card is an infringement of their civil liberties because when the requirement to wear one was extended to Members of Parliament it was accepted without murmur or complaint.Coincidentally, this week's edition of the magazine of the Police Federation of England and Wales, which is supplied to all hon. Members on a complimentary basis, includes an article on identity cards which describes the situation in other European countries. It says :
"Spain : A compulsory system comes into force from the age of 14 onwards. Germany : Identity cards are required from the age of 16." In some other countries, such as France and Italy, cards are voluntary, but the federation understands that they are used on almost all occasions.
The article also refers to the seventh report of the Home Affairs Select Committee, published last July, which recommended the introduction of a common identity card system and discussed the arrangements in Europe. There is a slight conflict between the report and the article about Denmark, but we need not go into that. One states that identity cards are compulsory there and the other says that they are not.
I refer to European practice because I want to emphasise that identity cards are known and are used on a wide scale in Europe and do not cause any problems for civil liberties or infringe human rights. I feel that that objection has no merit.
In Committee, one practical objection to identity cards was mentioned. Persons from the Republic of Ireland come across the border to a number of towns to do their shopping. We would not want to discourage that. Such people might not have identity documents with them. That is an anomaly, which should perhaps be considered more comprehensively. It is anomalous that the United Kingdom still refuses to recognise the independence of the Republic of Ireland in some respects. The anomaly flows from legislation of 1949, in which this Parliament said that it would not recognise the Irish Republic as a foreign country. In some respects that is not a privilege which is being extended to citizens of the Irish Republic, but a subtle refusal to--
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