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Clause 368
Requirements for making of production order
Amendment proposed: No. 528, in page 212, line 3, at end insert—
'(2A) There must be reasonable grounds for believing that the person the application specifies as appearing to be in possession or control of the material so specified is in possession or control of it.'.—[Mr. Bob Ainsworth]
Question put, That the amendment be made:—
The Committee divided: Ayes 14, Noes 1.
Division No. 40]
AYES
Ainsworth, Mr. Bob
Clark, Mrs. Helen
David, Mr. Wayne
Foulkes, Mr. George
Harris, Mr. Tom
Hesford, Stephen
Lazarowicz, Mr. Mark
Lucas, Ian
McCabe, Mr. Stephen
McGuire, Mrs. Anne
Robertson, John
Stinchcombe, Mr. Paul
Stoate, Dr. Howard
Watson, Mr. Tom
NOES
Davidson, Mr. Ian
Column Number: 1258
Question accordingly agreed to.
Motion made, and Question put, That the clause, as amended, stand part of the Bill:—
The Committee divided: Ayes 14, Noes 6.
Division No. 41]
AYES
Ainsworth, Mr. Bob
Clark, Mrs. Helen
David, Mr. Wayne
Foulkes, Mr. George
Harris, Mr. Tom
Hesford, Stephen
Lazarowicz, Mr. Mark
Lucas, Ian
McCabe, Mr. Stephen
McGuire, Mrs. Anne
Robertson, John
Stinchcombe, Mr. Paul
Stoate, Dr. Howard
Watson, Mr. Tom
NOES
Davidson, Mr. Ian
Field, Mr. Mark
Grieve, Mr. Dominic
Hawkins, Mr. Nick
Johnson, Mr. Boris
Wilshire, Mr. David
Question accordingly agreed to.
Clause 368, as amended, ordered to stand part of the Bill.
6.15 pm
Clause 369
Order to grant entry
Motion made, and Question put, That the clause stand part of the Bill:—
The Committee divided: Ayes 14, Noes 1.
Division No. 42]
AYES
Ainsworth, Mr. Bob
Clark, Mrs. Helen
David, Mr. Wayne
Foulkes, Mr. George
Harris, Mr. Tom
Hesford, Stephen
Lazarowicz, Mr. Mark
Lucas, Ian
McCabe, Mr. Stephen
McGuire, Mrs. Anne
Robertson, John
Stinchcombe, Mr. Paul
Stoate, Dr. Howard
Watson, Mr. Tom
NOES
Davidson, Mr. Ian
Question accordingly agreed to.
Clause 369 ordered to stand part of the Bill.
Mr. McCabe: On a point of order, Mr. Gale. As it is obvious that my hon. Friend the Member for Glasgow, Pollok objects to the fact that the clauses relating specifically to Scotland have not been debated, and that is why he is voting against them, would it be possible to group those clauses together and vote on chapter 3?
The Chairman: Chairmen group those questions that can properly be grouped, but it is open to hon. Members to object to a Question that is being put and it is then up to the Chair to call a Division. That is because, on some occasions, the official Opposition wish to vote against amendments and clauses. Where I can read properly and with certainty the opinion of the Committee, I will endeavour to call the vote, but if a Member chooses to press a clause or an amendment to a Division, that is his right.
Mr. Davidson: Further to that point of order, Mr. Gale. Perhaps it would be helpful if I said that although I intend to oppose everything in this part of the Bill, I would be perfectly happy for all the clauses
Column Number: 1259
to be grouped to allow more time for debate on subsequent provisions.
The Chairman: For the convenience of the Committee, and certainly for the convenience of the Chair, I shall call the amendments as they come up, otherwise we shall descend into total confusion. I trust that that will not take a great deal longer. I respect the hon. Gentleman's point of view, and we will accommodate his wishes one way or the other. Clause 370
Further provisions
Amendments proposed: No. 529, in page 212, line 17, leave out 'may' and insert 'does'.
No. 530, in page 212, line 18, after 'privilege' insert—
', except that a lawyer may be required to produce material containing only the name and address of a client of his.'.—[Mr. Bob Ainsworth.]
Question put, That the amendments be made:—
The Committee divided: Ayes 14, Noes 6.
Division No. 43]
AYES
Ainsworth, Mr. Bob
Clark, Mrs. Helen
David, Mr. Wayne
Foulkes, Mr. George
Harris, Mr. Tom
Hesford, Stephen
Lazarowicz, Mr. Mark
Lucas, Ian
McCabe, Mr. Stephen
McGuire, Mrs. Anne
Robertson, John
Stinchcombe, Mr. Paul
Stoate, Dr. Howard
Watson, Mr. Tom
NOES
Davidson, Mr. Ian
Field, Mr. Mark
Grieve, Mr. Dominic
Hawkins, Mr. Nick
Johnson, Mr. Boris
Wilshire, Mr. David
Question accordingly agreed to.
Motion made, and Question put, That the clause, as amended, stand part of the Bill:—
The Committee divided: Ayes 14, Noes 1.
Division No. 44]
AYES
Ainsworth, Mr. Bob
Clark, Mrs. Helen
David, Mr. Wayne
Foulkes, Mr. George
Harris, Mr. Tom
Hesford, Stephen
Lazarowicz, Mr. Mark
Lucas, Ian
McCabe, Mr. Stephen
McGuire, Mrs. Anne
Robertson, John
Stinchcombe, Mr. Paul
Stoate, Dr. Howard
Watson, Mr. Tom
NOES
Davidson, Mr. Ian
Question accordingly agreed to.
Clause 370, as amended, ordered to stand part of the Bill.
Clauses 371 to 373 ordered to stand part of the Bill.
Clause 374
Search warrants
Amendments made: No. 531, in page 214, line 8, leave out subsection (3).
No. 532, in page 214, line 27, leave out from beginning to 'may' in line 28 and insert—
'An application for a search warrant'.—[Mr. Bob Ainsworth.]
Column Number: 1260
Clause 374, as amended, ordered to stand part of the Bill.
Clauses 375 and 376 ordered to stand part of the Bill.
Clause 377
Further provisions: confiscation, civil recovery and money laundering
Amendment proposed: No. 533, in page 216, line 14, leave out 'constable' and insert 'proper person'.—[Mr. Bob Ainsworth.]
Question put, That the amendment be made:—
The Committee divided: Ayes 15, Noes 7.
Division No. 45]
AYES
Ainsworth, Mr. Bob
Clark, Mrs. Helen
David, Mr. Wayne
Davidson, Mr. Ian
Foulkes, Mr. George
Harris, Mr. Tom
Hesford, Stephen
Lazarowicz, Mr. Mark
Lucas, Ian
McCabe, Mr. Stephen
McGuire, Mrs. Anne
Robertson, John
Stinchcombe, Mr. Paul
Stoate, Dr. Howard
Watson, Mr. Tom
NOES
Baker, Norman
Brooke, Annette
Field, Mr. Mark
Grieve, Mr. Dominic
Hawkins, Mr. Nick
Johnson, Mr. Boris
Wilshire, Mr. David
Question accordingly agreed to.
Clause 377, as amended, ordered to stand part of the Bill.
Clause 378
Disclosure orders
Amendment made: No. 534, in page 217, line 1, leave out subsection (3).—[Mr. Bob Ainsworth.]
Clause 378, as amended, ordered to stand part of the Bill.
Clauses 379 to 382 ordered to stand part of the Bill.
Clause 383
Supplementary
Norman Baker: On a point of order, Mr. Gale. Opposition amendments cannot be voted on in this part of the proceedings, but the Minister has expressed his willingness to accept amendment No. 433. I seek clarification on that.
The Chairman: The Minister has already said that he is minded to accept the amendment. It will therefore by moved formally by the Minister, who is the only person who can move an amendment at this stage.
Amendments made: No. 433, in page 219, line 7, leave out 'or money laundering investigation'.
No. 535, in page 219, line 15, leave out 'or a money laundering investigation'.
No. 536, in page 219, line 21, leave out 'the sheriff' and insert—
'a judge of the court which made the order'.
No. 537, in page 219, line 25, leave out 'sheriff' and insert 'court'.—[Mr. Bob Ainsworth.]
Column Number: 1261
Clause 383, as amended, ordered to stand part of the Bill.
Clause 384
Customer information orders
Amendment made: No. 538, in page 219, line 36, leave out subsection (3).—[Mr. Bob Ainsworth.]
Clause 384, as amended, ordered to stand part of the Bill.
Clauses 385 to 388 ordered to stand part of the Bill.
Clause 389
Further provisions
Amendment made: No. 539, in page 223, line 2, leave out subsection (1).—[Mr. Bob Ainsworth.]
Clause 389, as amended, ordered to stand part of the Bill.
Clause 390 ordered to stand part of the Bill.
Clause 391
Account monitoring orders
Amendments made: No. 540, in page 223, line 34, leave out subsection (3).
No. 541, in page 224, line 18, leave out 'application' and insert 'order'.—[Mr. Bob Ainsworth.]
Clause 391, as amended, ordered to stand part of the Bill.
Clauses 392 and 393 ordered to stand part of the Bill.
Clause 394
Further provisions
Amendment made: No. 542, in page 225, line 13, leave out subsection (1).—[Mr. Bob Ainsworth.]
Clause 394, as amended, ordered to stand part of the Bill.
Clause 395 ordered to stand part of the Bill.
Clause 396
Jurisdiction of sheriff
Amendment made: No. 543, in page 226, line 6, at end insert—
'or to any other provision of this Act'.—[Mr. Bob Ainsworth.]
Clause 396, as amended, ordered to stand part of the Bill.
Clause 397
Interpretation
Amendment proposed: No. 544, in page 226, leave out lines 16 to 24 and insert—
' ''legal privilege'' means protection in legal proceedings from disclosure, by virtue of any rule of law relating to the confidentiality of communications; and ''items subject to legal privilege'' are—communications between a professional legal adviser and his client, or communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings, which would be so protected.'.—[Mr. Bob Ainsworth.]
Column Number: 1262
Question put, That the amendment be made:—
The Committee divided: Ayes 15, Noes 7.
Division No. 46]
AYES
Ainsworth, Mr. Bob
Clark, Mrs. Helen
David, Mr. Wayne
Davidson, Mr. Ian
Foulkes, Mr. George
Harris, Mr. Tom
Hesford, Stephen
Lazarowicz, Mr. Mark
Lucas, Ian
McCabe, Mr. Stephen
McGuire, Mrs. Anne
Robertson, John
Stinchcombe, Mr. Paul
Stoate, Dr. Howard
Watson, Mr. Tom
NOES
Baker, Norman
Brooke, Annette
Field, Mr. Mark
Grieve, Mr. Dominic
Hawkins, Mr. Nick
Johnson, Mr. Boris
Wilshire, Mr. David
Question accordingly agreed to.
Clause 397, as amended, ordered to stand part of the Bill.
Clause 398 ordered to stand part of the Bill.
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