Clause 185 - Power to enter premises under a warrant
Enterprise Bill
6:00 pm
Mr Jonathan Djanogly (Huntingdon, Conservative)
I should like to touch on a couple of errors. The first relates to the status of the documents that may be seized or handed over under subsection (1). If they are handed over or seized in respect of a criminal investigation, can they then be used for civil proceedings as well? If a company were willingly to give the OFT confidential information as part of a civil investigation relating to what turns out to be a criminal offence, or for any other reason—perhaps as a market-testing expedition—could that information be used in the criminal trial?
My other question relates to the fact that in subsection (2)(b) and (c) the documents are referred to as of the ''relevant kind'', but in paragraph (d), which deals with electronic mail, the information concerns
''relates to any matter relevant to the investigation''.
So, a different formula of words is used for what seems to be the same thing. I would be interested to hear from the Under-Secretary whether there is any particular reason for that.