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Lord Thomas of Gresford: I regret to say that I am not persuaded by the argument put forward. Our debate has clearly outlined a serious and important point of principle; that is, the introduction of what the Government now freely admit is an objective or negligent test of whether an individual has committed an offence. That is a matter which obviously has a wider implication than this particular part of the Bill. Although I seek leave to withdraw the amendment, I have no doubt that we shall return to this matter of principle at the next stage.
Amendment, by leave, withdrawn.
[Amendments Nos. 260F to 260J not moved.]
Clause 330, as amended, agreed to.
Lord Rooker moved Amendments Nos. 260K and 260L:
- After Clause 330, insert the following new clause—
On Question, amendments agreed to.
[Amendment No. 261 not moved.]
[Amendments Nos. 261A to 261C not moved.]
Lord Rooker moved Amendment No. 261D:
On Question, amendment agreed to.
[Amendment No. 262 not moved.]
Clause 332, as amended, agreed to.
Lord Rooker moved Amendments Nos. 262A and 262B:
On Question, amendments agreed to.
Clause 333 [Protected disclosures]:
[Amendments Nos. 263 and 264 not moved.]
"FAILURE TO DISCLOSE: NOMINATED OFFICERS IN THE REGULATED SECTOR
(1) A person nominated to receive disclosures under section 330 commits an offence if the conditions in subsections (2) to (4) are satisfied.
(2) The first condition is that he—
(a) knows or suspects, or
(b) has reasonable grounds for knowing or suspecting,
that another person is engaged in money laundering.
(3) The second condition is that the information or other matter—
(a) on which his knowledge or suspicion is based, or
(b) which gives reasonable grounds for such knowledge or suspicion,
came to him in consequence of a disclosure made under section 330.
(4) The third condition is that he does not make the required disclosure as soon as is practicable after the information or other matter comes to him.
(5) The required disclosure is a disclosure of the information or other matter—
(a) to a person authorised for the purposes of this Part by the Director General of the National Criminal Intelligence Service;
(b) in the form and manner (if any) prescribed for the purposes of this subsection by order under section (Form and manner of disclosures).
(6) But a person does not commit an offence under this section if he has a reasonable excuse for not disclosing the information or other matter.
(7) In deciding whether a person committed an offence under this section the court must consider whether he followed any relevant guidance which was at the time concerned—
(a) issued by a supervisory authority or any other appropriate body,
(b) approved by the Treasury, and
(c) published in a manner it approved as appropriate in its opinion to bring the guidance to the attention of persons likely to be affected by it.
(8) Schedule 6 has effect for the purpose of determining what is a supervisory authority.
(9) An appropriate body is a body which regulates or is representative of a trade, profession, business or employment."
After Clause 330, insert the following new clause—
"FAILURE TO DISCLOSE: OTHER NOMINATED OFFICERS
(1) A person nominated to receive disclosures under section 333 or 334 commits an offence if the conditions in subsections (2) to (4) are satisfied.
(2) The first condition is that he knows or suspects that another person is engaged in money laundering.
(3) The second condition is that the information or other matter on which his knowledge or suspicion is based came to him in consequence of a disclosure made under section 333 or 334.
(4) The third condition is that he does not make the required disclosure as soon as is practicable after the information or other matter comes to him.
(5) The required disclosure is a disclosure of the information or other matter—
(a) to a person authorised for the purposes of this Part by the Director General of the National Criminal Intelligence Service;
(b) in the form and manner (if any) prescribed for the purposes of this subsection by order under section (Form and manner of disclosures).
(6) But a person does not commit an offence under this section if he has a reasonable excuse for not disclosing the information or other matter."
Page 194, line 21, after "330" insert ", (Failure to disclose: nominated officers in the regulated sector), (Failure to disclose: other nominated officers)"
After Clause 332, insert the following new clause—
"APPROPRIATE CONSENT
(1) The appropriate consent is—
(a) the consent of a nominated officer to do a prohibited act if an authorised disclosure is made to the nominated officer;
(b) the consent of a constable to do a prohibited act if an authorised disclosure is made to a constable;
(c) the consent of a customs officer to do a prohibited act if an authorised disclosure is made to a customs officer.
(2) A person must be treated as having the appropriate consent if—
(a) he makes an authorised disclosure to a constable or a customs officer, and
(b) the condition in subsection (3) or the condition in subsection (4) is satisfied.
(3) The condition is that before the end of the notice period he does not receive notice from a constable or customs officer that consent to the doing of the act is refused.
(4) The condition is that—
(a) before the end of the notice period he receives notice from a constable or customs officer that consent to the doing of the act is refused, and
(b) the moratorium period has expired.
(5) The notice period is the period of seven working days starting with the first working day after the person makes the disclosure.
(6) The moratorium period is the period of 31 days starting with the day on which the person receives notice that consent to the doing of the act is refused.
(7) A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the person is when he makes the disclosure.
(8) References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).
(9) A nominated officer is a person nominated to receive disclosures under section 334.
(10) Subsections (1) to (4) apply for the purposes of this Part."
After Clause 332, insert the following new clause—
"NOMINATED OFFICER: CONSENT
(1) A nominated officer must not give the appropriate consent to the doing of a prohibited act unless the condition in subsection (2), the condition in subsection (3) or the condition in subsection (4) is satisfied.
(2) The condition is that—
(a) he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Criminal Intelligence Service, and
(b) such a person gives consent to the doing of the act.
(3) The condition is that—
(a) he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Criminal Intelligence Service, and
(b) before the end of the notice period he does not receive notice from such a person that consent to the doing of the act is refused.
(4) The condition is that—
(a) he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Criminal Intelligence Service,
(b) before the end of the notice period he receives notice from such a person that consent to the doing of the act is refused, and
(c) the moratorium period has expired.
(5) A person who is a nominated officer commits an offence if—
(a) he gives consent to a prohibited act in circumstances where none of the conditions in subsections (2), (3) and (4) is satisfied, and
(b) he knows or suspects that the act is a prohibited act.
(6) A person guilty of such an offence is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
(7) The notice period is the period of seven working days starting with the first working day after the nominated officer makes the disclosure.
(8) The moratorium period is the period of 31 days starting with the day on which the nominated officer is given notice that consent to the doing of the act is refused.
(9) A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the nominated officer is when he gives the appropriate consent.
(10) References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).
(11) A nominated officer is a person nominated to receive disclosures under section 334."
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