James
Brokenshire: An issue of principle is involved here, and
although I heard what the Minister had to say I seek to divide the
Committee on amendment 343.
The
Committee divided: Ayes 5, Noes
8.
Division
No.
10] Blackman-Woods,
Dr.
Roberta Question
accordingly negatived.
Amendment
made: 317, in
clause 86, page 102, line 18, at
end insert— ‘(9) For the
purposes of subsection (7), an amendment or repeal is not an amendment
or repeal of a provision of a public general Act if it is an amendment
or repeal of a provision which has been inserted (whether by
substitution or otherwise) into such an Act by a local Act or by any
other Act which is not a public general
Act.’.—(Mr.
Coaker.) New
clause 86(9) ensures that an order does not amend or repeal a provision
of a public general Act as described in subsection (7) if the
provisions being amended or repealed were inserted by a local Act or
any other Act that is not a public general
Act. Clause
86, as amended, ordered to stand part of the
Bill.
Schedule
6Minor
and consequential
amendments Amendments
made: 318, in schedule 6, page 142, line 24, at end
insert— ‘Access
to Justice Act 1999 (c. 22) (1)
Schedule 2 to the Access to Justice Act 1999 (community legal service:
excluded services) is amended as
follows. (2) In paragraph 2(3)
(magistrates’ court proceedings in which advocacy may be funded
as part of the Community Legal
Service)— (a) in
paragraph (l) after “section” insert
“47M,”, and (b)
after that paragraph (but before the following “and”)
insert— “(m) for
the discharge or variation of an order under section 47M of the
Proceeds of Crime Act 2002, (n)
which relate to a direction under section 67C of the Proceeds of Crime
Act 2002,”. (3) In
paragraph 3(1) (certain Crown Court proceedings in which advocacy may
be funded as part of the Community Legal
Service)— (a) after
paragraph (a)
insert— “(aa)
proceedings which relate to an order under section 47M
authorising the detention of property;”,
and (b) after paragraph (d)
insert— “(da)
proceedings which relate to an order under section 67A
authorising an appropriate officer to realise
property; (db) proceedings
which relate to a direction under
section 67C;”’. These
amendments ensure that legal aid is available for proceedings under
certain provisions which the Bill inserts into the Proceeds of Crime
Act 2002. These include proceedings for an order authorising the
further detention of seized property and proceedings for an order
authorising the sale of seized property.
Amendment
319, in
schedule 6, page 142, line 26, at
end insert— ‘In
section 69(1) (exercise of powers of court and receiver) for
“67” substitute
“67C”.’. Section
69 of the Proceeds of Crime Act 2002 provides how the courts must
exercise their powers under certain provisions of that Act. This
amendment adds powers conferred on courts by provisions of the
Bill. Amendment
320, in
schedule 6, page 142, line 26, at
end
insert— ‘In
section 132(1) (exercise of powers of court and administrator) for
“131” substitute
“131C”.’. This
makes provision equivalent to amendment 319 for
Scotland. Amendment
321, in
schedule 6, page 142, line 26, at
end insert— ‘In
section 217(1) (exercise of powers of court and receiver) for
“215” substitute
“215C”.’. This
makes provision equivalent to amendment 319 for Northern
Ireland. Amendment
322, in
schedule 6, page 142, line 30, at
end insert— ‘In
section 453A(5) (offences in relation to financial investigators) for
paragraph (a)
substitute— “(a) sections
47C to 47F or 195C to 195F (powers to seize and search for realisable
property);”’.
This adds to the list of
powers of an Accredited Financial Investigator that are relevant powers
for the purposes of the offence of assaulting an accredited financial
investigator who is acting in the exercise of a relevant
power. Amendment
323, in
schedule 6, page 143, line 2, at
end
insert— ‘Access
to Justice Act 1999
(c. 22) In paragraph
2(3)(l) of Schedule 2 to the Access to Justice Act 1999 (c. 22)
(certain magistrates’ court proceedings in which advocacy may be
funded as part of the Community Legal Service) after “295,
297,” insert “297E,
297F,”.’. The
amendment provides for legal aid to be available for applications to
set aside the forfeiture of cash or for the release of cash subject to
a forfeiture notice under the new provisions inserted by clause 46 of
the
Bill. Amendment
324, in
schedule 6, page 145, line 12, leave
out ‘any cash is detained under this Chapter’ and
insert ‘cash detained
under this Chapter was seized in England, Wales or Northern
Ireland’. This
and amendments 323 and 324 clarify that compensation under section 302
of the Proceeds of Crime Act 2002 may be claimed only in the part of
the UK where the cash was seized. This is necessary because the
forfeiture provisions inserted by clause 46 do not apply in
Scotland. Amendment
325, in
schedule 6, page 145, line 14, leave
out ‘the magistrates’ court or (in Scotland) the
sheriff’ and insert ‘a magistrates’
court’. See
Member’s explanatory statement for amendment
324. Amendment
326, in
schedule 6, page 145, line 18, at
end insert— ‘(1A) If cash
detained under this Chapter was seized in Scotland the person to whom
the cash belongs or from whom it was seized may make an application to
the sheriff for compensation if no forfeiture order is made in respect
of the
cash.”’. See
Member’s explanatory statement for amendment
324. Amendment
327, in
schedule 6, page 145, line 26, at
end insert—
‘UK Borders
Act 2007
(c. 30) In
section 24(2)(c) of the UK Borders Act 2007 (application of Chapter 3
of Part 5 of the Proceeds of Crime Act 2002 in relation to
immigration officers) for “section 290” substitute
“sections 290 and
297A”.’. The
UK Borders Act 2007 provides that Chapter 3 of Part 5 of the Proceeds
of Crime Act 2002 applies to immigration officers as it applies to
constables. This amendment deals with the application of the
administrative forfeiture scheme inserted by clause 46 to cash seized
by immigration
officers. Amendment
328, in
schedule 6, page 146, line 29, leave
out ‘, (8) and (11A)’ and insert ‘and
(8)’. This
amendment and amendment 329 are consequential on amendments 330 and
332. Amendment
329, in
schedule 6, page 146, line 31, at
end insert— ‘(3A) In
subsection (11A), as inserted by the Violent Crime Reduction Act 2006,
omit— (a) paragraph (b),
and (b) the “or”
immediately before that
paragraph.’. See
Member’s explanatory statement for amendment
328. Amendment
330, in
schedule 6, page 146, line 31, at
end insert— ‘(3B) In
subsection (11A), as inserted by the Custodial Sentences and Weapons
(Scotland) Act 2007, omit “Subject to subsection
(11C),”.’. This
amendment is consequential on amendment
332. Amendment
331, in
schedule 6, page 146, line 32, after
‘(11D)’ insert
‘, as inserted by the Violent
Crime Reduction Act
2006’. This amendment
is consequential on amendment
332. Amendment
332, in
schedule 6, page 146, line 36, at
end insert— ‘(5) Omit
subsections (11C) to (11E) as inserted by the Custodial Sentences and
Weapons (Scotland) Act
2007.’. This
amendment omits provisions inserted into section 141 of the Criminal
Justice Act 1988 by section 60 of the Custodial Sentences and Weapons
(Scotland) Act 2007 which are no longer needed in light of the changes
made by amendment
313. Amendment
333, in
schedule 6, page 146, line 37, leave
out paragraph 62. —(Mr.
Campbell.) This
amendment is consequential on amendments 328, 329 and
331. Schedule
6, as amended, agreed to.
Schedule
7REPEALS
AND
REVOCATIONSS Amendments
made: 334, in schedule 7, page 150, line 36, at end
insert— ‘Part
3A Proceeds
of crime:
confiscation Reference | Extent
of
repeal | Proceeds
of Crime Act 2002
(c. 29) | Section
45. | | In
section 87(2), the words from “; and for” to the
end. | | Section
126. | | In
section 153(2), the words from “; and for” to the
end. | | Section
194. | | In
section 235(2), the words from “; and for” to the
end. | Serious
Crime Act 2007
(c. 27) | Section
78.’. |
This makes
repeals consequential on other amendments to be made in the
Bill.
Amendment
335, in
schedule 7, page 152, line 17, at
end
insert— | ‘In
section 31— (a) in subsections (2) and (3), paragraph (b) and
the “, and” immediately before it, and (b) subsections
(4) and (5).’. This
amendment removes the status of ‘subject to monitoring and
undergoing assessment’ from the check of a person’s
status in the vetting and barring scheme, so that the only available
statuses will be ‘subject to monitoring’ or ‘not
subject to
monitoring’. |
Amendment
336, in
schedule 7, page 152, line 18, at
end
insert— ‘Safeguarding
Vulnerable Groups (Northern |
Ireland)
Order 2007 (S.I. 2007/1351 (N.I. 11)) In Article
33— (a)
in paragraphs (2) and (3), sub-paragraph (b) and the “,
and” immediately before it, and (b) paragraphs (4) and
(5).’. |
This
amendment makes equivalent provision in relation to Northern Ireland to
that made in relation to England and Wales by amendment
335. Amendment
337, in
schedule 7, page 152, line 33, leave
out ‘, (8) and (11A)’ and insert ‘and
(8)’. This
amendment is consequential on amendment
328. Amendment
338, in
schedule 7, page 152, line 36, at
end
insert— | ‘In
section 141, in subsection (11A) as inserted by the Violent Crime
Reduction Act 2006— (a) paragraph (b), and (b) the
“or” immediately before that
paragraph.’. This
amendment is consequential on amendment
329. |
Amendment
339, in
schedule 7, page 152, line 36, at
end
insert— | ‘In
section 141, in subsection (11A) as inserted by the Custodial Sentences
and Weapons (Scotland) Act 2007, “Subject to subsection
(11C),”.’. This
amendment is consequential on amendment
330. |
Amendment
340, in
schedule 7, page 153, line 1, leave
out ‘141(11D)’ and insert
‘141, in subsection (11D) as
inserted by the Violent Crime Reduction Act
2006’. This
amendment is consequential on amendment
331. Amendment
341, in
schedule 7, page 153, line 7, at
end
insert— | ‘In
section 141, subsections (11C) to (11E) as inserted by the Custodial
Sentences and Weapons (Scotland) Act
2007.’. This amendment
is consequential on amendment
332. |
Amendment
342, in
schedule 7, page 153, line 8, omit
the note.—(Mr.
Campbell.) This
amendment is consequential on amendments 337, 338 and
340. Schedule
7, as amended, agreed to.
Clauses 87
and 88 ordered to stand part of the Bill.
Ordered,
That further consideration be now
adjourned.—(Mr. Ian
Austin) 7.21
pm Adjourned
till Thursday 26 February at Nine
o’clock.
| 
