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Serious Crime Bill [HL]


FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 8th February 2007, as follows—

Clauses 61 to 65
Schedule 6
Clause 66
Schedules 7 and 8
Clauses 67 to 69
Schedule 9
Clauses 70 and 71
Schedule 10
Clauses 72 to 75
Schedule 11
Clauses 76 to 78
Schedule 12
Clause 79
Schedule 13
Clauses 80 to 82

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 61

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

104BPage 33, line 12, leave out "prevent" and insert "detect actual or attempted"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

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
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

106APage 36, line 8, leave out "preventing" and insert "detecting actual or attempted"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

107Page 36, line 11, at end insert "—
    (a)"  
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

107APage 36, line 12, leave out "prevent" and insert "detect actual or attempted"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

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."."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

 The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill.
 

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."
 

After Clause 65

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

110AInsert the following new Clause—
  "Sharing of information and data matching: assessable processing
  Section 22 of the Data Protection Act 1998 (c. 29) (preliminary assessment by Commissioner) has effect in respect of the sharing of information and data matching for which provision is made under this Part."
 

Schedule 6

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

110BPage 64, line 22, leave out "(including the identification of any patterns and trends)"
110CPage 64, line 25, leave out "prevention and detection of" and insert "detection of actual or attempted"
 

LORD LUCAS

111Page 64, line 29, at end insert—
      "32AA      Mandatory reports on each data matching exercise
          Prior to conducting each data matching exercise under section 32A, the Commission shall produce a report detailing—
    (a)  the reasons for conducting the data matching exercise;
    (b)  any assumptions to be made in the data matching exercise;
    (c)  what audit these assumptions will be subject to;
    (d)  the outcome of the data matching exercise which the Commission would consider to be successful;
    (e)  why the Commission consider that the use of data matching is a proportionate use of its powers;
    (f)  steps the Commission will take to ensure that data subjects are protected; and
    (g)  what reports the Information Commissioner will receive about the data matching exercise."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

111APage 65, line 14, at end insert—
    "(   )      But nothing in this section authorises or requires a disclosure which—
    (a)  contravenes the Data Protection Act 1998 (c. 29),
    (b)  is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23), or
    (c)  is personal data, within the meaning of section 1 of the Data Protection Act 1998, pertaining to a person who the public authority does not suspect of involvement in fraud."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

112Page 65, line 24, leave out from beginning to end of line 2 on page 66
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

112APage 65, line 37, at end insert ", or
    (c)  is personal data, within the meaning of section 1 of the Data Protection Act 1998 (c. 29), pertaining to a person who the public authority does not suspect of involvement in fraud."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

113Page 68, line 5, at end insert—
    "(   )      The code of practice and any revisions to it prepared under subsection (1) shall be subject to the approval of the Information Commissioner; and, following his approval, to approval by affirmative resolution of both Houses of Parliament."
114Page 68, line 5, at end insert—
    "(   )      No data matching shall take place unless subject to an agreed code of practice."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

114APage 68, line 9, after "32B(2)" insert ", the Information Commissioner's Office"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLOKIA
LORD BURNETT

115Page 68, leave out lines 12 to 21
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

116Page 68, line 16, at end insert—
    "(   )      Any further purposes added by the Secretary of State under subsection (1)(a) must be limited to the prevention and detection of serious offences, as defined by Schedule 1 to the Serious Crime Act 2007."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

116APage 68, line 18, leave out "prevention and detection of" and insert "detection of actual or attempted"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

117Page 68, leave out lines 22 to 26
 

Clause 66

 

LORD GLENTORAN
BARONESS HARRIS OF RICHMOND
VISCOUNT BRIDGEMAN

118Page 36, line 38, at beginning insert "Subject to subsection (3A),"
119Page 36, line 40, at end insert—
"(3A)  The Director General of SOCA shall locate within Northern Ireland a unit of SOCA with responsibility for asset recovery work in Northern Ireland."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

120Page 36, line 40, at end insert—
"(   )  SOCA shall, on an annual basis, lay before Parliament a report detailing the activities it has undertaken as a result of the functions conferred on it by this section which shall include—
(a)  information on the sums of assets recovered;
(b)  information detailing from whom assets were recovered; and
(c)  information on the costs incurred in recovering assets."
 

Schedule 7

 

BARONESS SCOTLAND OF ASTHAL

120APage 74, line 14, at end insert—
 "68A      In section 417(2) (insolvency etc: modifications of the 1986 Act)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
 68B   (1)   Section 418 (restriction of powers) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
(3)      In subsection (3)(d) for ", 52, 198 or 200" substitute "or 198".
 68C      In section 419(2)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68D      In section 420(2) (modifications of the 1985 Act)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
 68E   (1)   Section 421 (restriction of powers) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
(3)      In subsection (3)(d) for ", 52, 198 or 200" substitute "or 198".
 68F      In section 422(2)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68G      In section 423(2) (modifications of the 1989 Order)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
 68H   (1)   Section 424 (restriction of powers) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
(3)      In subsection (3)(d) for ", 52, 198 or 200" substitute "or 198".
 68I      In section 425(2)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68J   (1)   Section 426 (winding up under the 1986 Act) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
(3)      In subsection (5)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
 68K      In section 427(3)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68L   (1)   Section 428 (winding up under the 1989 Order) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
(3)      In subsection (5)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
 68M      In section 429(3)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68N   (1)   Section 430 (floating charges) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
(3)      In subsection (5)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
 68O      In section 432(7) (insolvency practitioners)—
(a)  in paragraph (a) for ", 55(3), 56(2) or 57(3)" substitute "or 55(3)"; and
(b)  in paragraph (c) for ", 203(3), 204(2) or 205(3)" substitute "or 203(3)"."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

121Page 80, line 33, at end insert—
    "(8)      Any guidance issued or changes to guidance made under this section must be published and laid before both Houses of Parliament."

 
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23 March 2007