House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

27

House of Commons

Thursday 5th July 2007

Public Bill Committee Proceedings

Serious Crime Bill [Lords]

[seventh and eighth SITTINGS]

Mr Douglas Hogg

Withdrawn  154

Clause  63,  page  33,  line  26,  at end insert—

‘(1A)
No disclosure may be made under this section until the Secretary of State has

published a Code setting out the terms of any arrangements under subsection (1),

above.

(1B)
No Code shall be published under subsection (1A) until a draft has been laid

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

Clause Agreed to.

Mr Douglas Hogg

Withdrawn  155

Clause  64,  page  34,  line  33,  leave out subparagraph (ii).

Clause Agreed to.

James Brokenshire

Withdrawn  178

Clause  65,  page  36,  line  6,  leave out ‘two’ and insert ‘four’.

Clause Agreed to.

James Brokenshire

Not selected  177

Page  36,  line  45,  leave out Clause 66.

Public Bill Committee Proceedings: 5th July 2007
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Serious Crime Bill-[ [], continued

Clause Agreed to.

Clause 67 Agreed to.

Mr Vernon Coaker

Agreed to  148

Schedule  7,  page  73,  line  32,  leave out from beginning to end of line 34 and

insert—

‘(iv)
a body to which Article 90 of the Health and

Personal Social Services (Northern Ireland) Order

1972 (S.I. 1972/1265 (N.I. 14)) applies;’.

Mr Jeremy Browne

Withdrawn  14

Schedule  7,  page  75,  line  11,  leave out ‘keep under’.

Mr Jeremy Browne

Not called  15

Schedule  7,  page  75,  line  11,  after ‘review’, insert ‘on an annual basis’.

Mr Jeremy Browne

Not called  13

Schedule  7,  page  75,  line  24,  at end insert—

    ‘(5)
No information may be disclosed under Section 63 of the Serious Crime Act

2007 before the publication by the Commission of the code.’.

James Brokenshire

Not called  241

Schedule  7,  page  75,  line  24,  at end insert—

‘(5)
The code shall not have effect until a draft has been laid before, and approved by

a resolution of, both Houses of Parliament.’.

Mr Vernon Coaker

Agreed to  149

Schedule  7,  page  78,  line  38,  leave out from beginning to end of line 40 and

insert—

‘(iv)
a body to which Article 90 of the Health and

Personal Social Services (Northern Ireland) Order

1972 (S.I. 1972/1265 (N.I. 14)) applies;’.

Mr Vernon Coaker

Agreed to  150

Schedule  7,  page  84,  line  25,  leave out from beginning to end of line 27 and

insert—

‘(i)
a body to which Article 90 of the Health and

Personal Social Services (Northern Ireland) Order

1972 (NI 14) applies;’.

Public Bill Committee Proceedings: 5th July 2007
29

Serious Crime Bill-[ [], continued

Schedule, as amended, Agreed to.

James Brokenshire

Negatived on division  199

Clause  68,  page  37,  line  41,  at end insert—

‘(3A)
The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.

(3B)
After section 7(6), insert—

“(6A)
It shall be the duty of the Secretary of State to make a motion in the House

of Commons in respect of the annual report laid under subsection (6)

within three months of the date on which the report was laid.”

(3C)
After section 7(7), insert—

“(7A)
It shall be the duty of Scottish Ministers to make a motion in the Scottish

Parliament in respect of the annual report laid under subsection (7) within

three months of the date on which the report was laid.”’.

Clause Agreed to.

Mr Vernon Coaker

Agreed to  179

Schedule  8,  page  94,  line  6,  at end insert—


‘After section 272(6) (compensation for loss in relation to associated and joint

property) insert—

“(7)
In subsection (5) the reference to the enforcement authority is, in the

case of an enforcement authority in relation to England and Wales or

Northern Ireland, a reference to the enforcement authority which

obtained the property freezing order or interim receiving order

concerned.”’.

Mr Vernon Coaker

Agreed to  180

Schedule  8,  page  94,  line  13,  at end insert—


‘After section 283(9) (compensation) insert—

“(10)
In the case of an enforcement authority in relation to England and

Wales or Northern Ireland—

(a)
the reference in subsection (5) to the enforcement authority is

a reference to the enforcement authority which obtained the

property freezing order or interim receiving order concerned,

and

(b)
the reference in subsection (8) to the enforcement authority is

a reference to the enforcement authority which obtained the

recovery order concerned.”’.

Public Bill Committee Proceedings: 5th July 2007
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Serious Crime Bill-[ [], continued

Mr Douglas Hogg

Withdrawn  168

Schedule  8,  page  96,  line  38,  leave out paragraph 100.

Mr Vernon Coaker

Agreed to  202

Schedule  8,  page  97,  line  14,  leave out from beginning to ‘for’ and insert—

    ‘(1)
Section 352 (search and seizure warrants) is amended as follows.

      (2)
In subsection (5)(b)’.

Mr Vernon Coaker

Agreed to  203

Schedule  8,  page  97,  line  15,  after second ‘staff’, insert ‘or of the staff of the

relevant Director”.

      (3)
After subsection (5) insert—

“(5A)
In this Part “relevant Director”—

(a)
in relation to England and Wales, means the Director of Public

Prosecutions, the Director of Revenue and Customs

Prosecutions or the Director of the Serious Fraud Office; and

(b)
in relation to Northern Ireland, means the Director of the

Serious Fraud Office or the Director of Public Prosecutions

for Northern Ireland.’.

Mr Vernon Coaker

Agreed to  204

Schedule  8,  page  97,  line  17,  after second ‘staff’, insert ‘or of the staff of the

relevant Director’.

Mr Vernon Coaker

Agreed to  205

Schedule  8,  page  97,  line  21,  leave out ‘a member of SOCA’s staff’ and insert ‘an

appropriate officer’.

Mr Vernon Coaker

Agreed to  206

Schedule  8,  page  97,  line  23,  leave out ‘a member of SOCA’s staff’ and insert ‘the

relevant authority’.

Mr Vernon Coaker

Agreed to  207

Schedule  8,  page  97,  line  23,  at end insert—

    ‘( )
After subsection (2) insert—

“(2A)
The relevant authority may only make an application for a disclosure

order in relation to a confiscation investigation if the relevant authority

is in receipt of a request to do so from an appropriate officer.”’.

Mr Vernon Coaker

Agreed to  208

Schedule  8,  page  97,  line  24,  leave out ‘a member of SOCA’s staff’ and insert ‘an

appropriate officer’.

Public Bill Committee Proceedings: 5th July 2007
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Serious Crime Bill-[ [], continued

Mr Vernon Coaker

Agreed to  209

Schedule  8,  page  97,  line  26,  leave out ‘a member of SOCA’s staff’ and insert ‘an

appropriate officer’.

Mr Vernon Coaker

Agreed to  210

Schedule  8,  page  97,  line  29,  leave out ‘member of SOCA’s staff’ and insert

‘appropriate officer’.

Mr Vernon Coaker

Agreed to  211

Schedule  8,  page  97,  line  30,  leave out ‘member of SOCA’s staff’ and insert

‘appropriate officer’.

Mr Vernon Coaker

Agreed to  212

Schedule  8,  page  97,  line  31,  at end insert—

    ‘( )
After subsection (6) insert—

“(7)
In this Part “relevant authority” means—

(a)
in relation to a confiscation investigation, a prosecutor; and

(b)
in relation to a civil recovery investigation, a member of

SOCA’s staff or the relevant Director.

(8)
For the purposes of subsection (7)(a) a prosecutor is—

(a)
in relation to a confiscation investigation carried out by a

member of SOCA’s staff, the relevant Director or any

specified person;

(b)
in relation to a confiscation investigation carried out by an

accredited financial investigator, the Director of Public

Prosecutions, the Director of Public Prosecutions for Northern

Ireland or any specified person;

(c)
in relation to a confiscation investigation carried out by a

constable, the Director of Public Prosecutions, the Director of

Public Prosecutions for Northern Ireland, the Director of the

Serious Fraud Office or any specified person; and

(d)
in relation to a confiscation investigation carried out by an

officer of Revenue and Customs, the Director of Revenue and

Customs Prosecutions, the Director of Public Prosecutions for

Northern Ireland or any specified person.

(9)
In subsection (8) “specified person” means any person specified, or

falling within a description specified, by an order of the Secretary of

State.”’.

Mr Vernon Coaker

Agreed to  213

Schedule  8,  page  97,  line  33,  leave out ‘A member of SOCA’s staff’ and insert ‘An

appropriate officer’.

Mr Vernon Coaker

Agreed to  214

Schedule  8,  page  97,  line  34,  leave out ‘a member of SOCA’s staff’ and insert ‘an

Public Bill Committee Proceedings: 5th July 2007
32

Serious Crime Bill-[ [], continued

appropriate officer’.

Mr Vernon Coaker

Agreed to  215

Schedule  8,  page  97,  line  35,  leave out from beginning to end of line 36 and

insert—

  ‘(1)
Section 362 (supplementary) is amended as follows.

      (2)
In subsection (3)(a) for “Director” substitute “person who applied for the

order”.

      (3)
After subsection (4) insert—

“(4A)
If a member of SOCA’s staff or a person falling within a description

of persons specified by virtue of section 357(9) applies for a disclosure

order, an application to discharge or vary the order need not be by the

same member of SOCA’s staff or (as the case may be) the same person

falling within that description.

(4B)
References to a person who applied for a disclosure order must be

construed accordingly.”

      (4)
In subsection (5) for “(4)” substitute “(4B)”.’.

Mr Vernon Coaker

Agreed to  181

Schedule  8,  page  98,  line  9,  leave out from beginning to end of line 20 and insert—


‘Omit section 376 (evidence overseas).’.

Mr Vernon Coaker

Agreed to  216

Schedule  8,  page  98,  line  21,  leave out from beginning to end of line and insert—

  ‘(1)
Section 377 (code of practice) is amended as follows.

      (2)
In the heading after “practice” insert “of Secretary of State etc.”.

    (3)
In subsection (1)—’.

Mr Vernon Coaker

Agreed to  217

Schedule  8,  page  98,  line  25,  at end insert—

    ‘(4)
In subsection (9)—

(a)
after “officer” insert “or the relevant authority”; and

(b)
for “he” substitute “either”.’.

Mr Vernon Coaker

Agreed to  218

Schedule  8,  page  98,  line  25,  at end insert—


‘After section 377 (code of practice of Secretary of State etc.) insert—

“377A
Code of practice of Attorney General or Advocate General for

Northern Ireland

(1)
The Attorney General must prepare a code of practice as to—

(a)
the exercise by the Director of Public Prosecutions, the

Director of Revenue and Customs Prosecutions and the

Director of the Serious Fraud Office of functions they have

under this Chapter; and

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Serious Crime Bill-[ [], continued

(b)
the exercise by any other person, who is the relevant authority

by virtue of section 357(9) in relation to a confiscation

investigation, of functions he has under this Chapter in

relation to England and Wales as the relevant authority.

(2)
The Advocate General for Northern Ireland must prepare a code of

practice as to—

(a)
the exercise by the Director of Public Prosecutions for

Northern Ireland of functions he has under this Chapter; and

(b)
the exercise by any other person, who is the relevant authority

by virtue of section 357(9) in relation to a confiscation

investigation, of functions he has under this Chapter in

relation to Northern Ireland as the relevant authority.

(3)
After preparing a draft of the code the Attorney General or (as the case

may be) the Advocate General for Northern Ireland—

(a)
must publish the draft;

(b)
must consider any representations made to him about the

draft;

(c)
may amend the draft accordingly.

(4)
After the Attorney General or the Advocate General for Northern

Ireland has proceeded under subsection (3) he must lay the code before

Parliament.

(5)
When the code has been so laid the Attorney General or (as the case

may be) the Advocate General for Northern Ireland may bring the

code into operation on such day as he may appoint by order.

(6)
A person specified in subsection (1)(a) or (b) or (2)(a) or (b) must

comply with a code of practice which is in operation under this section

in the exercise of any function he has under this Chapter to which the

code relates.

(7)
If such a person fails to comply with any provision of such a code of

practice the person is not by reason only of that failure liable in any

criminal or civil proceedings.

(8)
But the code of practice is admissible in evidence in such proceedings

and a court may take account of any failure to comply with its

provisions in determining any question in the proceedings.

(9)
The Attorney General or (as the case may be) the Advocate General

for Northern Ireland may from time to time revise a code previously

brought into operation under this section; and the preceding provisions

of this section apply to a revised code as they apply to the code as first

prepared.

(10)
In this section references to the Advocate General for Northern Ireland

are to be read, before the coming into force of section 27(1) of the

Justice (Northern Ireland) Act 2002 (c. 26), as references to the

Attorney General for Northern Ireland.”’.

Mr Vernon Coaker

Agreed to  219

Schedule  8,  page  98,  line  32,  after ‘staff’, insert ‘or the relevant Director’.