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Baroness Buscombe: I thank the Minister for his full reply, which I accept entirely. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendments Nos. 132 and 133 not moved.]
Clause 143 [Confiscation order varied or discharged]:
[Amendment No. 134 not moved.]
Clause 145 [Criminal lifestyle]:
[Amendment No. 135 not moved.]
Lord Rooker moved Amendment No. 135A:
- Page 89, line 9, leave out paragraphs (a) to (c) and insert—
The noble Lord said: In moving Amendment No. 135A, I shall speak also to the other amendments in the group.
These amendments mirror similar amendments that have already been discussed in relation to Part 2 of the Bill. The new Scottish and Northern Ireland schedules determine which single offences will attract a criminal lifestyle and, as a consequence, the application of the assumptions in Clauses 99 or 166 of the Bill. The various offences set out in the Scottish and Northern Ireland schedules correspond to those set out for England and Wales in the schedule we have already debated.
I am quite happy to give a more detailed explanation of the individual amendments but, given my brief explanation of what these amendments seek to do and bearing in mind what has already been done in other parts of the Bill, I hope that they will meet with the Committee's approval.
The Earl of Mar and Kellie: We certainly approve of the schedule proposed in Amendment No. 140A because of the clarity it will bring to the legislation in describing "criminal lifestyle".
On Question, amendment agreed to.
[Amendments Nos. 136 to 139 not moved.]
Lord Rooker moved Amendment No. 139A:
On Question, amendment agreed to.
[Amendment No. 140 not moved.]
Clause 145, as amended, agreed to.
Lord Rooker moved Amendment No. 140A:
"(a) it is specified in Schedule (Lifestyle offences: Scotland);"
Page 89, line 23, at end insert—
"(3) The Scottish Ministers may by order amend Schedule (Lifestyle offences: Scotland)."
Before Schedule 3, insert the following new schedule—
1 An offence under either of the following provisions of this Act—
(a) section 327 (concealing etc. criminal property);
(b) section 328 (assisting another person to retain criminal property).
2 (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—
(a) section 4(2) or (3) (unlawful production or supply of controlled drugs);
(b) section 5(3) (possession of controlled drug with intent to supply);
(c) section 8 (permitting certain activities relating to controlled drugs);
(d) section 20 (assisting in or inducing the commission outside the UK of an offence punishable under a corresponding law).
(2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971 (c. 38)—
(a) section 50(2) or (3) (improper importation of goods);
(b) section 68(2) (exploration of prohibited or restricted goods);
(c) section 170 (fraudulent evasion).
(3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—
(a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);
(b) section 19 (using a ship for illicit traffic in controlled drugs).
3 An offence under section 25(1) of the Immigration Act 1971 (c. 77) (assisting illegal entry etc).
4 (1) An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition—
(a) section 68(2) (exportation of prohibited goods);
(b) section 170 (fraudulent evasion).
(2) An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing in firearms or ammunition by way of trade or business).
(3) In this paragraph "firearm" and "ammunition" have the same meanings as in section 57 of the Firearms Act 1968 (c. 27).
5 An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—
(a) section 14 (making counterfeit notes of coins);
(b) section 15 (passing etc counterfeit notes or coins);
(c) section 16 (having counterfeit notes or coins);
(d) section 17 (making or possessing materials or equipment for counterfeiting).
6 (1) An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—
(a) section 107(1) (making or dealing in an article which infringes copyright);
(b) section 107(2) (making or possessing an article designed or adapted for making a copy of a copyright work);
(c) section 198(1) (making or dealing in an illicit recording);
(d) section 297A (making or dealing in unauthorised decoders).
(2) An offence under section 92(1), (2), or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use etc of trade mark).
7 An offence under either of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)—
(a) section 11(1) (living on earnings of prostitution or soliciting for immoral purposes);
(b) section 11(5) (running of brothels).
8 An offence of blackmail or extortion.
9 (1) An offence of conspiring or inciting the commission of an offence specified in this Schedule.
(2) An offence of aiding, abetting, counselling or procuring the commission of such an offence."
On Question, amendment agreed to.
Clause 147 [Tainted gifts and their recipients]:
[Amendment No. 141 not moved.]
Clause 153 [Property: general provisions]:
[Amendments Nos. 142 and 143 not moved.]
Clauses 157 and 158 negatived.
Clauses 159 and 160 agreed to.
[Amendments Nos. 144 to 147 not moved.]
[Amendment No. 148 not moved.]
Clause 163 [Recoverable amount]:
[Amendment No. 149 not moved.]
Clauses 164 and 165 agreed to.
[Amendment No. 150 not moved.]
Clause 166 [Assumptions to be made in case of criminal lifestyle]:
[Amendments Nos. 151 to 153 not moved.]
Lord Rooker moved Amendment No. 154:
On Question, amendment agreed to.
Clause 170, as amended, agreed to.
Clause 171 [Effect of postponement]:
[Amendment No. 155 not moved.]
Lord Rooker moved Amendment No. 156:
On Question, amendment agreed to.
Clause 171, as amended, agreed to.
Clause 172 [Statement of information]:
[Amendments Nos. 157 to 159 not moved.]
Clause 174 [Provision of information by defendant]:
[Amendment No. 160 not moved.]
Clause 175 [No order made: reconsideration of case]:
Lord Rooker moved Amendment No. 161:
On Question, amendment agreed to.
Clause 175, as amended, agreed to.
Clause 176 [No order made: reconsideration of benefit]:
[Amendments Nos. 162 and 163 not moved.]
Lord Rooker moved Amendment No. 164:
On Question, amendment agreed to.
Clause 176, as amended, agreed to.
Clause 177 [Order made: reconsideration of benefit]:
Lord Rooker moved Amendments Nos. 165 to 167:
Page 100, line 29, leave out subsection (1) and insert—
"(1) The court may—
(a) proceed under section 161 before it sentences the defendant for the offence (or any of the offences) concerned, or
(b) postpone proceedings under section 161 for a specified period.
(1A) A period of postponement may be extended."
Page 102, line 3, leave out paragraph (b).
Page 104, line 21, leave out paragraph (b).
Page 106, line 18, leave out paragraph (b).
Page 107, line 10, at end insert—
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