House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5th July 2007
186

Serious Crime Bill [Lords], continued

the European Parliament and of the Council of 22 June 1998

laying down a procedure for the provision of information in the

field of technical standards and regulations); and

(d)
is summarised in recital 17 of the E-Commerce Directive as

covering “any service normally provided for remuneration, at a

distance, by means of electronic equipment for the processing

(including digital compression) and storage of data, and at the

individual request of a recipient of a service”;

“intermediary services” means an information society service which—

(e)
consists in the provision of access to a communication network

or the transmission in a communication network of information

provided by a recipient of the service;

(f)
consists in the transmission in a communication network of

information which—

(i)
is provided by a recipient of the service; and

(ii)
is the subject of automatic, intermediate and temporary

storage which is solely for the purpose of making the

onward transmission of the information to other

recipients of the service at their request more efficient;

or

(g)
consists in the storage of information provided by a recipient of

the service;

“recipient”, in relation to a service, means any person who, for professional

ends or otherwise, uses an information society service, in particular for

the purposes of seeking information or making it accessible; and

“service provider” means a person providing an information society service.

(9)
For the purposes of paragraph (a) of the definition of “intermediary services”, the

provision of access to a communication network and the transmission of

information in a communication network includes the automatic, intermediate

and transient storage of the information transmitted so far as the storage is for the

sole purpose of carrying out the transmission in the network.

(10)
Subsection (9) does not apply if the information is stored for longer than is

reasonably necessary for the transmission.’.

Powers for prosecutors to appear in cash recovery proceedings

Mr Vernon Coaker

NC17

To move the following Clause:—

‘(1)
After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in

summary proceedings: compensation) insert—

“302A
Powers for prosecutors to appear in proceedings

(1)
The Director of Public Prosecutions or the Director of Public

Prosecutions for Northern Ireland may appear for a constable in

proceedings under this Chapter if the Director—

(a)
is asked by, or on behalf of, a constable to do so, and

(b)
considers it appropriate to do so.

Public Bill Committee: 5th July 2007
187

Serious Crime Bill [Lords], continued

(2)
The Director of Revenue and Customs Prosecutions may appear for the

Commissioners for Her Majesty’s Revenue and Customs or an officer of

Revenue and Customs in proceedings under this Chapter if the

Director—

(a)
is asked by, or on behalf of, the Commissioners for Her

Majesty’s Revenue and Customs or (as the case may be) an

officer of Revenue and Customs to do so, and

(b)
considers it appropriate to do so.

(3)
The Directors may charge fees for the provision of services under this

section.”

(2)
After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule

8 to this Act) insert—

“(3A)
Subsection (3) does not apply to the functions of the Director of Public

Prosecutions, the Director of Public Prosecutions for Northern Ireland

and the Director of Revenue and Customs Prosecutions under section

302A.”’.

(3)
After section 38(1) of the Commissioners for Revenue and Customs Act 2005

(c. 11) (conduct of prosecutions on behalf of the Office) insert—

“(1A)
An individual who is not a member of the Office may be appointed by the

Director 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).”

(4)
After section 39(1) of that Act (designation of non-legal staff) insert—

“(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

Public Bill Committee: 5th July 2007
188

Serious Crime Bill [Lords], continued

(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—

(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.’.

Public Bill Committee: 5th July 2007
189

Serious Crime Bill [Lords], continued

Central record of serious crime prevention orders

James Brokenshire

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

James Brokenshire

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

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

James Brokenshire

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.

Public Bill Committee: 5th July 2007
190

Serious Crime Bill [Lords], continued

(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”.

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

Role of Information Commissioner

James Brokenshire

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.”’.

Public Bill Committee: 5th July 2007
191

Serious Crime Bill [Lords], continued

Penalty for offences under Data Protection Act

James Brokenshire

NC18

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

James Brokenshire

NC19

To move the following Clause:—

‘(1)
It is an offence to obtain information unlawfully disclosed under section 64 of this

Act 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

the other person.

(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

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’.

Public Bill Committee: 5th July 2007
192

Serious Crime Bill [Lords], continued

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.

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