House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28th June 2007
99

Serious Crime Bill [Lords], continued

Mr Douglas Hogg

164

Clause  79,  page  43,  line  25,  at end insert—

‘(2A)
No order made by the Secretary of State shall amend or repeal any provision of

another Act.’.

Mr Jeremy Browne

12

Clause  79,  page  43,  line  26,  after ‘58(3)’, insert ‘, 63,’.

Mr Douglas Hogg

165

Clause  79,  page  43,  line  26,  leave out ‘or paragraph 100 of Schedule 8’.

Mr Douglas Hogg

163

Clause  79,  page  43,  line  27,  leave out from ‘8,’ to end of line 28 and insert ‘except

under the super-affirmative resolution procedure as set out in section 18 of the Legislative

and Regulatory Reform Act 2006 (c. 51).’.

Mr Douglas Hogg

166

Clause  79,  page  43,  line  29,  leave out subsections (4) and (5).

Mr Jeremy Browne

11

Clause  79,  page  43,  line  34,  leave out ‘or 63’.

Mr Douglas Hogg

162

Clause  80,  page  44,  line  6,  leave out subsection (2).

Mr Douglas Hogg

167

Page  44,  line  1,  leave out Clause 80.

Mr Gerry Sutcliffe

170


Schedule  14,  page  121,  line  41,  at end insert—

‘   (1)
This paragraph applies where, in any proceedings—

(a)
a person (“D”) is charged in respect of the same act both with an

offence under section 41 and with the common law offence of inciting

the commission of another offence;

(b)
the only thing preventing D from being found guilty of the offence

under section 41 is the fact that it has not been proved beyond

Public Bill Committee: 28th June 2007
100

Serious Crime Bill [Lords], continued

reasonable doubt that the time when the act took place was after the

coming into force of that section; and

(c)
the only thing preventing D from being found guilty of the common

law offence is that it has not been proved beyond reasonable doubt that

that time was before the coming into force of section 55.

      (2)
For the purpose of determining D’s guilt it shall be conclusively presumed that

the time when the act took place was before the coming into force of section

41.’.

new clauses

Code of practice for disclosure of information to prevent fraud

Mr Vernon Coaker

nc11


To move the following Clause:—

‘(1)
The Secretary of State must prepare, and keep under review, a code of practice

with respect to the disclosure, for the purposes of preventing fraud or a particular

kind of fraud, of information by public authorities as members of specified anti-

fraud organisations or otherwise in accordance with any arrangements made by

such organisations.

(2)
Before preparing or altering the code, the Secretary of State must consult—

(a)
any specified anti-fraud organisation;

(b)
the Information Commissioner; and

(c)
such other persons as the Secretary of State considers appropriate.

(3)
A public authority must have regard to the code in (or in connection with)

disclosing information, for the purposes of preventing fraud or a particular kind

of fraud, as a member of a specified anti-fraud organisation or otherwise in

accordance with any arrangements made by such an organisation.

(4)
Nothing in this section applies in relation to any disclosure by a relevant public

authority of information whose subject-matter is a matter about which provision

would be within the legislative competence of the Scottish Parliament if it were

included in an Act of the Scottish Parliament.

(5)
The Secretary of State must—

(a)
lay a copy of the code, and of any alterations to it, before Parliament; and

(b)
from time to time publish the code as for the time being in force.

(6)
In this section—

“information” and “public authority” have the same meaning as in section

63;

“relevant public authority” has the meaning given by section 63(6); and

“specified anti-fraud organisation” means any person which is a specified

anti-fraud organisation for the purposes of section 63.’.

Public Bill Committee: 28th June 2007
101

Serious Crime Bill [Lords], continued

Institution of proceedings for an offence under this Part

Mr Gerry Sutcliffe

NC8

To move the following Clause:—

‘(1)
Any provision to which this section applies has effect with respect to an offence

under this Part as it has effect with respect to the anticipated offence.

(2)
This section applies to provisions made by or under an enactment (whenever

passed or made) that—

(a)
provide that proceedings may not be instituted or carried on otherwise

than by, or on behalf or with the consent of, any person (including any

provision which also makes exceptions to the prohibition);

(b)
confer power to institute proceedings;

(c)
confer power to seize and detain property;

(d)
confer a power of forfeiture, including any power to deal with anything

liable to be forfeited.

(3)
In relation to an offence under section 43—

(a)
the reference in subsection (1) to the anticipated offence is to be read as

a reference to any offence specified in the indictment; and

(b)
each of the offences specified in the indictment must be an offence in

respect of which the prosecutor has power to institute proceedings.

(4)
Any consent to proceedings required as a result of this section is in addition to

any consent required by section 50.’.

No individual liability in respect of corporate manslaughter

Mr Gerry Sutcliffe

NC9

To move the following Clause:—

‘In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007

(c. 00) (no individual liability for offences under that Act) after subsection (1)

insert—

“(1A)
An individual cannot be guilty of an offence under Part 2 of the Serious

Crime Act 2007 (encouraging or assisting crime) by reference to an

offence of corporate manslaughter.”’.

Public Bill Committee: 28th June 2007
102

Serious Crime Bill [Lords], continued

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—

(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.’.

Public Bill Committee: 28th June 2007
103

Serious Crime Bill [Lords], continued

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

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.’.

Public Bill Committee: 28th June 2007
104

Serious Crime Bill [Lords], continued

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”.

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

Mr Douglas Hogg

169

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

Public Bill Committee: 28th June 2007
105

Serious Crime Bill [Lords], continued

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

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