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Public Bill Committee: 3rd July 2007                  

158

 

Serious Crime Bill [Lords], continued

 
 

“(1A)    

The Director may designate a member of the Office to appear in—

 

(a)    

specified proceedings, or

 

(b)    

a specified class or description of proceedings,

 

    

in which the Director or a Prosecutor would otherwise appear by virtue

 

of section 302A of the Proceeds of Crime Act 2002 (c. 29) (cash recovery

 

proceedings).”’.

 


 

Exempted data

 

Mr Jeremy Browne

 

NC1

 

To move the following Clause:—

 

‘Nothing in this Part authorises—

 

(a)    

the disclosure of data contained in—

 

(i)    

the National Identity Register (as defined in the Identity Cards

 

Act 2006 (c. 15)), or

 

(ii)    

any database established pursuant to section 12 of the Children

 

Act 2004 (c. 31) (information databases), or

 

(b)    

the use of such data in data matching exercises.’.

 


 

Review of orders

 

Mr Jeremy Browne

 

nc2

 

To move the following Clause:—

 

‘(1)    

The relevant applicant authority shall inform the High Court in England and

 

Wales of any change in circumstance which may entitle the person who is subject

 

to the order to apply for a variation or discharge.

 

(2)    

The relevant applicant authority shall inform the High Court in Northern Ireland

 

of any change in circumstance which may entitle the person who is subject to the

 

order to apply for a variation or discharge.’.

 


 

Review of orders (No. 2)

 

Mr Jeremy Browne

 

nc3

 

To move the following Clause:—

 

‘(1)    

On the expiration of an order the court shall make a new order to the same or

 

similar effect if—


 
 

Public Bill Committee: 3rd July 2007                  

159

 

Serious Crime Bill [Lords], continued

 
 

(a)    

on the presentation by the applicant authority of new evidence not used

 

as the basis for the original order; and

 

(b)    

after a review has been undertaken by the Director of Public Prosecutions

 

of the possibility of criminal prosecution;

 

    

the court has reasonable grounds to believe that the making of the order would

 

protect the public by preventing, restricting or disrupting involvement, by the

 

person who is the subject of the order, in serious crime in England and Wales.’.

 


 

Restrictions relating to renewal of orders

 

Mr Jeremy Browne

 

nc4

 

To move the following Clause:—

 

‘A person who has been the subject of an order under section 1 may not be the

 

subject of a second order in the absence of a criminal conviction.’.

 


 

Central record of serious crime prevention orders

 

Nick Herbert

 

Mr Crispin Blunt

 

NC5

 

To move the following Clause:—

 

‘A detailed central record shall be kept of every order made, varied or discharged

 

under Part 1.’.

 


 

Review of serious crime prevention orders

 

Nick Herbert

 

Mr Crispin Blunt

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must appoint a person (“the independent reviewer”) to

 

conduct an independent review of the operation of this Part.

 

(2)    

In conducting a review under subsection (1) above the independent reviewer shall

 

have regard to the desirability of minimising the use of serious crime prevention

 

orders except where they are necessary to protect the public by preventing,

 

restricting or disrupting involvement in serious crime in circumstances where

 

prosecutions cannot otherwise be pursued.

 

(3)    

The independent reviewer must send the Secretary of State a report on the

 

outcome of a review under subsection (1) before the end of a period of 12 months


 
 

Public Bill Committee: 3rd July 2007                  

160

 

Serious Crime Bill [Lords], continued

 
 

beginning with the day on which this Act is passed, and before the end of each

 

subsequent period of 12 months beginning with the day on which the first report

 

was sent to the Secretary of State.

 

(4)    

The Secretary of State must lay before Parliament a copy of each report received

 

under subsection (3) above.’.

 


 

Limitation of serious crime prevention orders

 

Nick Herbert

 

Mr Crispin Blunt

 

NC7

 

To move the following Clause:—

 

‘(1)    

Part 1 of this Act and any orders made under it shall expire at the end of the period

 

of 12 months beginning with the day on which this Act is passed unless the

 

Secretary of State makes a renewal order under subsection (2) below.

 

(2)    

No renewal order may be made by the Secretary of State unless it has been laid

 

before, and approved by a resolution of, each House of Parliament.

 

(3)    

A renewal order made under subsection (2) above shall expire at the end of the

 

period of 12 months beginning with the day on which the order is made unless it

 

is renewed by a further renewal order.

 

(4)    

No order may be made under this section unless a report has been laid before

 

Parliament under section [Review of serious crime prevention orders] above.’.

 


 

Proceeds of crime (criminal lifestyle)

 

Mr Douglas Hogg

 

NC10

 

To move the following Clause:—

 

‘(1)    

Section 75 of the Proceeds of Crime Act 2002 (c. 29) (criminal lifestyle) is

 

amended as follows.

 

(2)    

In subsection (2)(c), for “six months” substitute “three years”.

 

(3)    

In subsection (3)(a)—

 

(a)    

for “in the proceedings” substitute “prior to the proceedings”, and

 

(b)    

after “benefited”, insert “, and each of those offences was committed

 

after 24th March 2003”.

 

(4)    

In subsection (3)(b)—

 

(a)    

for “two separate occasions” substitute “three separate occasions”, and

 

(b)    

after “benefited”, insert “, and at least one of those offences was

 

committed after 24th March 2003 and before the date of any of the

 

offences under section 6(2) of this Act”.


 
 

Public Bill Committee: 3rd July 2007                  

161

 

Serious Crime Bill [Lords], continued

 
 

(5)    

In subsection (4) for “£5,000” substitute “£20,000”.

 


 

Role of Information Commissioner

 

Nick Herbert

 

nc12

 

To move the following Clause:—

 

‘(1)    

Section 51 of the Data Protection Act 1998 (c.29) (general duties of the

 

Commissioner) is amended as follows.

 

(2)    

In subsection (7), at the beginning insert “Subject to subsection (7A),”.

 

(3)    

After subsection (7), insert—

 

“(7A)    

The Information Commissioner may, on his own intiaitive, assess any

 

data processing conducted under sections 63 to 67 of the Serious Crime

 

Act 2007.”’.

 


 

Penalty for offences under Data Protection Act

 

Nick Herbert

 

NC18

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Section 60 of the Data Protection Act 1998 (c. 29) (prosecutions and penalties) is

 

amended as follows.

 

(2)    

In subsection (2)(a) for “to a fine not exceeding the statutory maximum”,

 

substitute “to imprisonment for a term not exceeding 12 months or to a fine not

 

exceeding the statutory maximum or to both”.

 

(3)    

In subsection (2)(b) for “to a fine”, substitute “to imprisonment for a term not

 

exceeding four years or to a fine or to both”.’.

 


 

Offence of obtaining information unlawfully disclosed under section 64

 

Nick Herbert

 

NC19

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

It is an offence to obtain information unlawfully disclosed under section 64 or to

 

procure the unlawful disclosure to another person of the information.

 

(2)    

A person is not guilty under subsection (1) if he acted in the reasonable belief that

 

he had in law the right to obtain or to procure the disclosure of the information to

 

to the other person.


 
 

Public Bill Committee: 3rd July 2007                  

162

 

Serious Crime Bill [Lords], continued

 
 

(3)    

It shall be for the defendant to prove that subsection (2) applies.’.

 


 

Mr Vernon Coaker

 

197

 

Title,  line  3,  after ‘fraud’, insert ‘or for purposes relating to proceeds of crime’.

 

Mr Vernon Coaker

 

198

 

Title,  line  9,  after ‘investigators’, insert ‘, management receivers and enforcement

 

receivers,’.

 

Mr Vernon Coaker

 

240

 

Parliamentary Star - white    

Title,  line  9,  after ‘investigators’, insert ‘, cash recovery proceedings’.

 

Mr Douglas Hogg

 

169

 

Title,  line  9,  after ‘warrants’, insert ‘and in relation to criminal lifestyle’.

 


 

Mr Vernon Coaker

 


 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

 

Order of the House [12th June 2007]

 

That the following provisions shall apply to the Serious Crime Bill [Lords]:

 

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 Tuesday 10th July 2007.

 

3.    

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

 

which it meets.

 

Consideration and Third Reading

 

4.    

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

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings 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 Third Reading.


 
 

Public Bill Committee: 3rd July 2007                  

163

 

Serious Crime Bill [Lords], continued

 
 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 

 

Order of the Committee [26th june 2007]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

26th June) meet—

 

(a)  

at 4.30 p.m. on Tuesday 26th June;

 

(b)  

at 9.00 a.m. and 2.00 p.m. on Thursday 28th June;

 

(c)  

at 10.30 a.m. and 4.30 p.m. on Tuesday 3rd July;

 

(d)  

at 9.00 a.m. and 2.00 p.m. on Thursday 5th July;

 

(e)  

at 10.30 a.m. and 4.30 p.m. on Tuesday 10th July;

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 3;

 

Schedule 1; Clause 4; Schedule 13; Clauses 5 to 36; Schedule 2; Clauses 37

 

to 46; Schedule 3; Clauses 47 to 49; Schedule 4; Clauses 50 to 56; Schedule

 

5; Clauses 57 and 58; Schedule 6; Clauses 59 to 67; Schedule 7; Clause 68;

 

Schedules 8 and 9; Clauses 69 to 71; Schedule 10; Clauses 72 and 73;

 

Schedule 11; Clauses 74 to 77; Schedule 12; Clauses 78 to 81; Schedule 14;

 

Clause 82; Schedule 15; Clauses 83 to 85; new Clauses; new Schedules;

 

remaining proceedings on the Bill;

 

(3)  

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

 

conclusion at 7.00 p.m. on Tuesday 10th July.

 


 
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