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Lord Williams of Mostyn moved Amendments Nos. 34 and 35:
On Question, amendments agreed to.
Lord Williams of Mostyn moved Amendment No. 36:
Page 38, line 25, leave out ("48") and insert ("(Offences under this Chapter)").
Page 38, line 36, leave out ("48") and insert ("(Offences under this Chapter)").
After Clause 49, insert the following new clause--
On Question, amendment agreed to.
Clause 60 [Regulations and orders]:
Lord Williams of Mostyn moved Amendment No. 37:
The noble Lord said: My Lords, this amendment is technical and is designed to ensure that orders made by courts under the Bill, such as referral orders, are not subject to the restrictions in Clause 60(4). Clause 60 is intended to apply only to regulations and orders made by the Secretary of State; in other words, to secondary legislation, not court orders. I beg to move.
On Question, amendment agreed to.
Clause 62 [Corresponding provisions for Northern Ireland]:
Lord Williams of Mostyn moved Amendment No. 38:
The noble Lord said: My Lords, with this amendment are grouped Amendments Nos. 38, 40 and 45 to 59. The essence of the Saunders judgment was that the use made by the prosecution of transcripts of evidence given to an inspector under the Companies Act constituted an infringement of the right to a fair trial by virtue of Article 6(1). Amendments were tabled at an earlier stage to amend similar provisions on the admissibility of answers given under compulsory powers in other enactments in the regulatory sector in Great Britain. The effect of those amendments, which were accepted, is that answers obtained pursuant to a procedure which includes the power to compel answers, whatever the investigative or regulatory regime, cannot be used as part of the prosecution case except for the limited purposes of proceedings for offences that may include, for example, perjury arising out of the giving of evidence. These amendments make the necessary changes to Northern Ireland legislation by identifying the relevant statutory provision for the "sanction offence" in those UK enactments that are directly applicable to Northern Ireland. They amend the Northern Ireland equivalent to the Companies Act 1985, the Insolvency Act 1986 and the Company Directors Disqualification Act 1986.
Schedule 3 restricts the use that can be made of answers obtained under compulsory powers in legislation that regulates financial and commercial activities. Such answers can be used only in criminal trials in very restricted circumstances. Where the offence being tried is an offence of having failed or refused to answer a question, or failing to disclose a material fact, or for having given an untruthful answer, obviously the answers will need to be used in prosecution evidence. The offences in Section 94 of the Banking Act 1987 are those of having given false and misleading information in answers obtained under compulsory powers. Their omission from the original schedule was an oversight. I beg to move.
On Question, amendment agreed to.
The Deputy Speaker (Lord Ampthill): My Lords, I believe that Amendments Nos. 39 to 59 have already been spoken to.
Clause 64 [Short title, commencement and extent]:
Lord Cope of Berkeley moved Amendment No. 39:
The noble Lord said: My Lords, I spoke to Amendment No. 39 earlier. In view of the Minister's reply I seek the opinion of the House. I beg to move.
On Question, Whether the said amendment (No. 39) shall be agreed to?
Page 43, line 37, after ("order") insert ("made by the Secretary of State").
Page 44, line 21, after ("II") insert ("(other than section 56)").
Page 44, line 34, at end insert ("but any order appointing a day in respect of section 43 shall be accompanied by a statement by the Secretary of State setting out--
(a) the necessity for the commencement of that section; and
(b) how that section complies with Article 10 of the European Convention on Human Rights.").
8.54 p.m.
Resolved in the negative, and amendment disagreed to accordingly.
9.2 p.m.
Lord Williams of Mostyn moved Amendments Nos. 40 and 41:
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