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(c) property in respect of which an order under section 50, 128(3) or 198 is in force;
(d) property in respect of which an order under section 67A, 131A or 215A is in force.”
(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,
(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and
(c) in paragraph (c) for “215” substitute “215B, the powers conferred on an appropriate officer by section 195C”.
(1) Section 427 (tainted gifts by company: winding up in England and Wales or Scotland) is amended as follows.
(a) after paragraph (a) insert—
“(aa) such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,”, and
(b) after paragraph (b) insert “, or
(c) there is in force in respect of such property an order under section 67A, 131A or 215A.”
(3) In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) or (c)”.
(1) Section 428 (winding up under the Insolvency (Northern Ireland) Order 1989) is amended as follows.
(2) For subsection (2) substitute—
“(2) If an order for the winding up of a company is made or it passes a resolution for its voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to the following property—
(a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time;
(b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;
(c) property in respect of which an order under section 50, 128(3) or 198 is in force;
(d) property in respect of which an order under section 67A, 131A or 215A is in force.”
(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,
(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and
(c) in paragraph (c) for “215” substitute “215B, the powers conferred on an appropriate officer by section 195C”.
(1) Section 429 (tainted gifts by company: winding up in Northern Ireland) is amended as follows.
(a) after paragraph (a) insert—
“(aa) such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,”, and
(b) after paragraph (b) insert “, or
(c) there is in force in respect of such property an order under section 67A, 131A or 215A.”
(3) In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) or (c)”.
(1) Section 430 (restriction of powers where company holds property subject to floating charge) is amended as follows.
(2) For subsection (2) substitute—
“(2) If a company holds property which is subject to a floating charge, and a receiver has been appointed by or on the
application of the holder of the charge, the functions of the receiver are not exercisable in relation to the following property—
(a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time;
(b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;
(c) property in respect of which an order under section 50, 128(3) or 198 is in force;
(d) property in respect of which an order under section 67A, 131A or 215A is in force.”
(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,
(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and
(c) in paragraph (c) for “215” substitute “215B, the powers conferred on an appropriate officer by section 195C”.
(1) Section 432 (insolvency practitioners) is amended as follows.
(2) After subsection (6) insert—
“(6A) Subsection (7) also applies if—
(a) property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,
(b) a person acting as an insolvency practitioner incurs expenses which are not ones in respect of the detained property, and
(c) the expenses are ones which (but for the effect of the detention of the property) might have been met by taking possession of and realising the property.”
(3) For subsection (7) substitute—
“(7) Whether or not the insolvency practitioner has seized or disposed of any property, the insolvency practitioner is entitled to payment of the expenses under—
(a) section 54(2), 55(3) or 67D(2) if the restraint order was made under section 41 or (as the case may be) the property was detained under or by virtue of section 44A, 47J, 47K, 47M or 47P,
(b) section 130(3), 131(3) or 131D(2) if the restraint order was made under section 120 or (as the case may be) the property was detained under or by virtue of section 122A, 127J, 127K, 127M or 127P, and
(c) section 202(2), 203(3) or 215D(2) if the restraint order was made under section 190 or (as the case may be) the property was detained under or by virtue of section 193A, 195J, 195K, 195M or 195P.”’.
Amendment 134, page 172, line 21, at end insert—
‘Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))(1) Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) is amended as follows.
(2) In paragraph 2(d) (proceedings in a court of summary jurisdiction in which representation may be funded)—
(a) in paragraph (xii) after “section” insert “195M,”, and
(b) after paragraph (xiii) insert—
“(xiv) for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002, or
(xiv) which relate to a direction under section 215D of the Proceeds of Crime Act 2002,”.
(3) In paragraph 3 (certain Crown Court proceedings in which representation may be funded) after paragraph (c) insert—
“(ca) proceedings which relate to a direction under section 215D;”.’.
Amendment 135, page 172, line 23, at end insert—
‘Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))In paragraph 3(j) of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings in a court of summary jurisdiction in respect of which legal aid may be given under Article 9) after “295, 297,” insert “297E, 297F,”.’.Amendment 136, page 175, line 10, at end insert—
‘Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))In paragraph 2(d)(xii) of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: proceedings in a court of summary jurisdiction in which representation may be funded) after “295, 297,” insert “297E, 297F,”.’.— (Mr. Alan Campbell.)Amendments made: 137, page 181, line 3, at end insert—
Amendment 138, page 181, line 12, at end insert—
Amendment 139, page 181, line 12, at end insert—
‘Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) | In Schedule 2, the word“or” at the end of paragraph 2(d)(xii).’. |
Amendment 140, page 181, line 13, at end insert—
‘In Schedule 8, paragraphs 150, 151 and 154.’. |
Amendment 141, page 182, line 7, at end insert—
‘Section 30.’. |
9.31 pm
The Secretary of State for the Home Department (Jacqui Smith): I beg to move, That the Bill be now read the Third time.
Protecting the public, tackling crime and antisocial behaviour, and ensuring an effective but responsive police force are key issues for the people whom we serve. I therefore welcome the positive and constructive manner
in which the Bill has been addressed during its passage. There have been lively debates, not just today, but in Committee, and I would like to put on record my thanks to my ministerial colleagues— my hon. Friend the Minister for Security, Counter-Terrorism, Crime and Policing, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Tynemouth (Mr. Campbell), and the Under-Secretary of State for Transport, my hon. Friend the Member for Poplar and Canning Town (Jim Fitzpatrick). I also thank the Whips and the Parliamentary Private Secretaries, who worked so hard in Committee, and the civil service team, who also approached the issues with energy and commitment.
Opposition Members, too, have been willing to support much. That constructive approach has helped us find consensus on several issues, and I believe that the Bill is the better for it.
Crime has fallen, and continues to fall, in this country. That is due in no small part to the hard work and expertise of our police force. Locally, nationally and internationally, the Government’s increased investment in policing is being used to good effect and felt in every community. However, in every community people also need to be able to have their say about what the police should focus on locally, and hear how their concerns have been addressed.
The Bill, alongside monthly crime information meetings, will ensure that that happens around the country. The measure has also ensured that local people can have a say when lap-dancing clubs are proposed.
Dr. Roberta Blackman-Woods (City of Durham) (Lab): Will my right hon. Friend say a little more about how the public might have a say on whether a temporary event notice is granted for a lap-dancing event? Will she consider enabling local people to have a say, not only through their councillors but perhaps, for example, a by means of a community call to action, to push the council in a particular direction?
Jacqui Smith: My hon. Friend and my hon. Friend the Member for Stourbridge (Lynda Waltho) have assiduously pushed that point. As we have already said today, there may well be an opportunity in proposals that are now being considered—not least those of the Culture, Media and Sport Committee—for a greater role for councillors in lobbying, particularly against temporary event notices. I can certainly give her a commitment that we will continue to consider, as the Bill progresses in another place, how we can ensure that the public have a meaningful say, even when temporary event notices have led to an exemption.
We expect much of our police, so we must ensure that they have the tools to keep us safe, to catch the guilty and to clear the innocent. That includes our world-leading use of DNA. Some have argued today that we should delay making the proposed changes. I do not believe that we should. Following the consultation, we will be in a position to move quickly, not only to meet our commitment to the European Court, but to ensure a fair, balanced and proportionate response to the difficulties of balancing the rights of the individual with the rights of society to protect itself from murderers, rapists and other criminals.
As the Bill has progressed through this House, I have been pleased that we have acted quickly in providing for new powers to control gang members. I have seen the
good work of the police and their partners in places such as Birmingham in using every method that they can to protect their communities from gang violence. We owe it to them to find a way through difficult legal territory, as we are doing in this Bill. With stronger powers to tackle problem drinking and new powers to deal with sex offenders, we are learning from what has worked in tackling antisocial behaviour and protecting the vulnerable, and building on that where needed.
However, in some areas of the Bill we are taking a radical new approach, setting a new path to tackle social issues that have been the subject of debate for years, if not centuries. As we have heard today, prostitution can not only blight communities, but be a terrible trap for the most vulnerable in our society. That is why the Bill contains provisions to tackle the most exploitative elements of prostitution. Placing a new responsibility on those who pay for sex is a radical shift in policy in this country. It is vital that we get it right, and that is why we have undertaken today to continue our discussions, including those in another place, on how we get the definition right.
Bob Spink (Castle Point) (Ind): I congratulate the Home Secretary on pressing on with the strict liability offence. The whole country will agree with the Government that women and children who are vulnerable need and deserve protection much more than do the men who would use and abuse them.
Jacqui Smith: The hon. Gentleman makes an important point. The most important point to bear in mind is that some of those women do not have a choice. The people who use the services of prostitutes do have a choice, so my argument is simple. Those with the choice need to think carefully about the consequences of their actions, and where their actions lead to exploitation, they must face the consequences of that.
I have been encouraged by our debate, not just today but throughout the Committee stage. It has been wide-ranging and there have been important amendments along the way. Delivering practical legislation with practical applications will help protect the people whom we serve. This Bill will help us to build stronger, safer and more confident communities, and I commend it to the House.
9.38 pm
Chris Grayling (Epsom and Ewell) (Con): Let me start my remarks by echoing the Home Secretary’s words of thanks to those who served on the Committee and those who have been involved in steering the Bill through the House. In particular, I thank my hon. Friends the Members for Hornchurch (James Brokenshire) and for Bury St. Edmunds (Mr. Ruffley), as well as our Whip, my hon. Friend the Member for West Chelmsford (Mr. Burns), for the work that they have done in scrutinising the Government’s proposals.
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