Serious Crime Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 27

 

BARONESS NOAKES
BARONESS ANELAY OF ST JOHNS

83Page 16, line 28, leave out subsection (6)
84Page 17, line 22, at end insert—
"(12)  No order can be made under paragraph (d) of the definition of "relevant body" in subsection (11) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament."
 The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.
 

Clause 28

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

85Page 18, line 4, leave out subsection (6)
86Page 18, line 47, at end insert—
"(12)  No order can be made under paragraph (d) of the definition of "relevant body" in subsection (11) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 33

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

87Page 22, line 19, at end insert—
"(3)  Notwithstanding this, the rules as to the admissibility of evidence to be observed in such proceedings shall be the same as those observed in trials on indictment and no person shall be required in such proceedings to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings in a trial on indictment."
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD
LORD LLOYD OF BERWICK

 The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.
 

Clause 34

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

88Page 22, line 24, at end insert—
"(   )  Notwithstanding this, the rules as to the admissibility of evidence to be observed in such proceedings shall be the same as those observed in trials on indictment and no person shall be required in such proceedings to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings in a trial on indictment."
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD
LORD LLOYD OF BERWICK

 The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill.
 

Clause 35

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.
 

Schedule 2

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

89Page 52, line 28, leave out paragraph 2
90Page 53, line 26, leave out paragraph 7
91Page 54, line 17, leave out paragraph 13
92Page 55, line 1, leave out paragraph 17
 

Clause 36

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.
 

Clause 37

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 37 stand part of the Bill.
 

Clause 38

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill.
 

Clause 39

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

93Page 25, line 9, leave out "But he is" and insert "A person is"
94Page 25, line 11, leave out "foreseeable" and insert "reasonable"
 

Clause 40

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

94APage 25, line 14, leave out "encouraging or"
 

BARONESS ANELAY OF ST JOHNS

95Page 25, line 16, leave out "believes" and insert "has reasonable grounds to believe"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

95APage 25, line 18, leave out "encourage or"
95BPage 25, line 18, at end insert "; and
(c)  his act was unreasonable."
 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS
LORD DHOLAKIA
LORD BURNETT

 The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill.
 

Clause 41

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

95CPage 25, line 21, leave out "encouraging or"
 

BARONESS ANELAY OF ST JOHNS

96Page 25, line 23, leave out "believes" and insert "has reasonable grounds to believe"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

96APage 25, line 26, leave out "encourage or"
96BPage 25, line 27, at end insert "; and
(c)  his act was unreasonable."
96CPage 25, line 29, leave out "encouraged or"
 The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill.
 

Clause 42

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

96DPage 26, line 8, leave out "encourage or"
96EPage 26, line 12, leave out "encourage or"
96FPage 26, line 14, leave out "encourage or"
96GPage 26, line 19, leave out "encourage or"
 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

96H*Page 26, line 36, leave out subsection (6)
97Page 26, line 44, leave out "foreseeable" and insert "reasonable"
98Page 26, line 46, leave out subsection (8)
 

Clause 43

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

99Page 27, line 11, leave out "about" and insert "concerning"
 

Clause 44

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

99APage 27, line 32, leave out "encouraged or"
 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

100Page 27, line 35, leave out "reckoning" and insert "determining"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

100APage 27, line 36, leave out "encouraging or"
100BPage 27, line 38, leave out "encouraging or"
 

Schedule 3

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

 The above-named Lords give notice of their intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.
 

Clause 46

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS
LORD DHOLAKIA
LORD BURNETT

 The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill.
 

Clause 47

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

101Page 28, line 28, leave out subsection (2)
 

After Clause 47

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

101AInsert the following new Clause—
  "Principal offence committed: victim not liable
  A person is not guilty of an offence under this Part if—
(a)  the offence capable of being encouraged or assisted by his act is committed;
(b)  he was the principal target and victim of the offence; and
(c)  no other person has suffered significant harm as a result of the offence."
 

Clause 49

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

101B*Page 29, line 17, after "General" insert "or such a person as he nominates to discharge his functions under this section"
 

Clause 50

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

102Page 29, line 23, leave out subsection (2)
 

Clause 59

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

 The above-named Lords give notice of their intention to oppose the Question that Clause 59 stand part of the Bill.
 

Clause 60

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

 The above-named Lords give notice of their intention to oppose the Question that Clause 60 stand part of the Bill.
 

Clause 61

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

103Page 32, line 23, at end insert—
"(   )  The Secretary of State shall lay before Parliament codes of practice relating to—
(a)  anti-fraud organisations specified under this section; and
(b)  data sharing and disclosure for which provision is made by this section."
 

LORD LLOYD OF BERWICK
LORD HENLEY

104Page 32, line 37, at end insert "as amended by section (Involvement in serious crime: evidence) of this Act"
 

BARONESS ANELAY OF ST JOHNS

105Page 33, line 18, after "order" insert "to be approved by affirmative resolution of each House of Parliament"
 

Clause 62

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

106Page 34, line 43, at end insert—
"(8)  No order can be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 64

 

BARONESS ANELAY OF ST JOHNS

107Page 36, line 11, at end insert "—
(a)"  
108Page 36, line 14, at end insert "; and
(b)  has been specified by the Secretary of State by order subject to affirmative resolution of each House of Parliament."."
 

After Clause 64

 

LORD LUCAS

109Insert the following new Clause—
  "Register of information disclosure
(1)  A specified anti-fraud organisation within the terms of section 61(8), and the Audit Commission in respect of matters referred to in section 65, must notify the Information Commissioner promptly on each occasion when information is disclosed to it by a public authority or other person, unless otherwise directed by the Information Commissioner.
(2)  A notification under subsection (1) must include—
(a)  the name of the notifying authority;
(b)  the name of the person disclosing the information;
(c)  the nature and quantity of the information disclosed; and
(d)  the reason for disclosure.
(3)  A notifying authority must comply with any directions made by the Information Commissioner as to the content of a notification, or as to such further information regarding the information and the use to which it has been put as the Information Commissioner may require.
(4)  The Information Commissioner may issue such directions for the purposes of subsections (1) and (3) as he deems reasonable.
(5)  The Information Commissioner shall maintain a register of all notifications received, and may publish it, or parts of it, and may conduct such investigations and publish such reports as he deems reasonable."
 

EARL OF NORTHESK
LORD LUCAS

110Insert the following new Clause—
  "Functions of the Secretary of State as to sharing of information
(1)  The Secretary of State has the following specific functions in respect of the sharing of information—
(a)  to draw up and disseminate to the public bodies and other organisations to whom this section applies guidance as to the sharing of information between and amongst themselves;
(b)  to draw up and disseminate to the public bodies and other organisations to whom this section applies guidance as to the circumstances in which it is appropriate for those organisations to share information between and amongst themselves;
(c)  to maintain under review the guidance set out in paragraphs (a) and (b).
(2)  In drawing up the guidance set out at subsection (1)(a) and (b), and in reviewing such guidance under subsection (1)(c), the Secretary of State shall consult with the Information Commissioner.
(3)  The guidance under subsection (1)(a) and (b) shall in particular, but not exclusively, make provision—
(a)  as to the nature of the information that may be shared;
(b)  as to procedures designed to ensure the accuracy and security of information shared;
(c)  as to procedures designed to ensure, where appropriate, the co-ordination of the sharing of information between and amongst the public bodies and other organisations;
(d)  as to procedures designed to govern the circumstances in which information can be lawfully shared notwithstanding any rule of law which prohibits or restricts the disclosure of information;
(e)  as to procedures designed for circumstances where, notwithstanding the second data protection principle, data is intended to be lawfully shared or processed beyond the purpose of its original collection;
(f)  as to procedures designed to guarantee, as appropriate, the rights of data subjects in respect of any information about them that may be shared;
(g)  as to procedures designed to govern the period for which it is appropriate that information should be shared and to ensure appropriate deletion of any information shared.
(4)  This section applies to public authorities and any anti-fraud organisations specified under section 61 and any agencies, companies or individuals who may be contracted to work for them or to supply goods and services to them.
(5)  The information for which provision is made under this section includes all information disclosed under section 61 above.
(6)  The Secretary of State may by regulations subject to affirmative resolutions in each House of Parliament, proscribe and penalise contravention of any guidance under this section as to the collection, sharing, use, holding and disclosure of information."

 
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©Parliamentary copyright 2007
13 March 2007