Public Bill Committees
Proceeds of Crime Bill

• Proceeds of Crime Bill, 1st sitting (5 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 1 - The Agency and its Director (17 speeches)
    I beg to move amendment No. 1, in page 1, line 7, after `Director)', insert `and a deputy Director for Northern Ireland'.
  • Schedule 1 - Assets Recovery Agency (28 speeches)
    I beg to move amendment No. 7, in page 257, line 27, leave out from `targets' to end of line 28 and insert `and the basis of such performance targets;'. I join the other hon. Members who have...
  • Clause 2 - Director's functions: general (50 speeches)
    I beg to move amendment No. 2, in page 2, line 19, leave out subsection (5). The clause will allow us to have a wide-ranging discussion, because it relates to an important issue in the Bill. We...
  • Clause 3 - Accreditation and training (37 speeches)
    I beg to move amendment No. 3, in page 2, line 23, leave out `must' and insert `may'. Amendments Nos. 3 and 4 are not being taken together, but they have the same aim, and I wish to explain it....
• Proceeds of Crime Bill, 2nd sitting (0 speeches)
  [Mr. Roger Gale in the Chair]
  • Clause 3 - Accreditation and training (6 speeches)
    Good afternoon, ladies and gentlemen. I am pleased to note that rapid progress has been made under Mr. McWilliam's wise chairmanship, and we are well on target to finish consideration of the...
  • Clause 4 - Co-operation (26 speeches)
    Question proposed, That the clause stand part of the Bill. Mr. Dominic Grieve (Beaconsfield) rose—
  • Clause 5 - Advice and assistance (9 speeches)
    I beg to move amendment No. 5, in page 3, line 7, leave out `must' and insert `may'. The amendment is a probing one, and follows along the lines of the discussion that we have already had, but...
• Proceeds of Crime Bill, 3rd sitting (5 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 6 - Making of order (172 speeches)
    I beg to move amendment No. 8, in page 3, line 16, leave out `must' and insert `may'.
• Proceeds of Crime Bill, 4th sitting (0 speeches)
  [Mr. Roger Gale in the Chair]
  • Clause 6 - Making of order (153 speeches)
    Amendment proposed [this day]: No. 8, in page 3, line 16, leave out `must' and insert `may'.—[Mr. Grieve.] Question again proposed, That the amendment be made.
• Proceeds of Crime Bill, 5th sitting (0 speeches)
  [Mr. Roger Gale in the Chair]
  • Clause 6 - Making of order (66 speeches)
    Amendment proposed [15 November]: No. 30, in page 4, line 5, to leave out the words `a balance of probabilities' and to insert the words `the standard applicable for criminal...
  • Clause 7 - Time for making order (23 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 8 - Recoverable amount (31 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 9 - Defendant's benefit (35 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 10 - Available amount (20 speeches)
    I beg to move amendment No. 32, in page 5, line 30, leave out paragraph (b) and insert— `(b) to pay any sum which is a lawful and bone fide debt.'.
• Proceeds of Crime Bill, 6th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 10 - Available amount (87 speeches)
    Amendment proposed [this day]: No. 32, in page 5, line 30, leave out paragraph (b) and insert— `(b) to pay any sum which is a lawful and bone fide debt.'.—[Mr. Grieve.] Question...
  • Clause 11 - Assumptions to be made in case of criminal lifestyle (97 speeches)
    I beg to move amendment No. 24, in page 5, line 37, leave out `must' and insert `may'.
• Proceeds of Crime Bill, 7th sitting (112 speeches)
  [Mr. Roger Gale in the Chair]
  • Clause 12 - Time for payment (52 speeches)
    I beg to move amendment No. 101, in page 6, line 28, leave out `on' and insert `within seven days of'.
  • Clause 13 - Interest on unpaid sums (3 speeches)
    Amendment made: No. 37, in page 7, line 6, at end insert- `(2A) For the purposes of this section no amount is required to be paid under a confiscation order if- (a) an application has been...
• Proceeds of Crime Bill, 8th sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 13 - Interest on unpaid sums (11 speeches)
    Question proposed [this day], That the clause, as amended, stand part of the Bill. Question again proposed.
  • Clause 14 - Effect of order on court's other powers (21 speeches)
    I beg to move amendment No. 60, in page 7, line 35, leave out subsection (7). This is a probing amendment, and I do not want to hear any remarks from the Government Back Benches that it is...
  • Clause 15 - Postponement (38 speeches)
    I beg to move amendment No. 103, in page 8, line 3, leave out subsection (3).
  • Clause 16 - Effect of postponement (4 speeches)
    I beg to move amendment No. 105, in page 8, line 29, after `(1)', insert `Notwithstanding the provisions of section 7'. This is a relatively small matter of general housekeeping. Hon. Members...
  • Clause 17 - Statement of information (53 speeches)
    I beg to move amendment No. 78, in page 9, line 21, after `court', insert `and the defendant'.
• Proceeds of Crime Bill, 9th sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 20 - No order made: reconsideration of case (94 speeches)
    I beg to move amendment No. 63, in page 11, line 17, after first `the', insert `investigating agencies or'.
  • Clause 21 - No order made: reconsideration of benefit (26 speeches)
    I beg to move amendment No. 88, in page 12, line 33, leave out subsection (2)(b). It may be due to the hour of the night when I drafted some of the amendments but a re-reading of clause 21 seems...
  • Clause 22 - No order made: reconsideration of benefit (18 speeches)
    I beg to move amendment No. 94, in page 14, line 18, after `were', insert `now'.
• Proceeds of Crime Bill, 10th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 22 - Order made: reconsideration of benefit (35 speeches)
    Question proposed [this day], That the clause stand part of the Bill. Question again proposed.
  • Clause 24 - Inadequacy of available amount: (21 speeches)
    I beg to move amendment No. 96, in, page16, line 44, leave out `the' and insert `a'. This is the simplest of amendments. When I was reading through the clause, it occurred to me that the word...
  • Clause 25 - Inadequacy of available amount: (21 speeches)
    I beg to move amendment No. 107, in page17, line 9, leave out paragraph (c).
  • Clause 26 - Small amount outstanding: discharge of order (10 speeches)
    I beg to move amendment No. 66, in page 17, line 32, leave out `50' and insert `1000'. The amendment would delete from subsection (1)(c) the reference to £50 and would replace it with a...
  • Clause 27 - Information (16 speeches)
    I beg to move amendment No. 110, in page 18, line 4, leave out paragraph (d).
  • Clause 28 - Defendant convicted or committed (23 speeches)
    I beg to move amendment No. 111, in page 18, line 20, leave out `appropriate' and insert `just and reasonable'.
  • Clause 29 - Defendant neither convicted nor acquitted (24 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 30 - Variation of order (9 speeches)
    Amendment proposed: No. 29, in page 20, line 4, leave out from `(d)' to `he' in line 5.—[Mr. Carmichael.]
  • Clause 33 - Court's powers on appeal (0 speeches)
    Amendment made: No. 38, in page 22, line 3, leave out subsection (11)—[Mr. Bob Ainsworth.] Clause 33, as amended, ordered to stand part of the Bill. Clauses 34 to 40 ordered to stand...
• Proceeds of Crime Bill, 11th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 41 - Conditions for exercise of powers (25 speeches)
    Good morning. As no Liberal Democrat Member is here, would one of the other hon. Members in whose name amendment No. 67 stands like to move it?
  • Clause 42 - Restraint orders (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 43 - Application, discharge and variation (6 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 44 - Appeal to Court of Appeal (13 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 49 - Powers (17 speeches)
    I beg to move amendment No. 39, in page 30, line 36, leave out from `property' to end of line 37.
  • Clause 51 - Powers (0 speeches)
    Amendments made: No. 43, in page 32, line 14, leave out from `property' to end of line 15. No. 44, in page 33, line 16, at end insert— `(8A) The court may order that a power conferred by...
  • Clause 52 - Appointment (1 speech)
    I beg to move amendment No. 45, in page 33, line 28, leave out subsection (2) and insert— `(2) But this section does not apply if— (a) the confiscation order was made by the Court...
  • Clause 53 - Powers (0 speeches)
    Amendments made: No. 46, in page 34, line 9, leave out from `property' to end of line 10. No. 47, in page 35, line 9, at end insert— `(8A) The court may order that a power conferred by...
  • Clause 54 - Enforcement receivers (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 55 - Sums received by justices' chief executive (25 speeches)
    I beg to move amendment No. 134, in page 36, line 29, leave out subsection (7).
  • Clause 64 - Management receivers: discharge (3 speeches)
    I beg to move amendment No. 48, in page 41, line 3, at end insert— `(3A) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of...
• Proceeds of Crime Bill, 12th sitting (1 speech)
  [Mr. John McWilliam in the Chair]
  • Clause 64 - Management receivers: discharge (0 speeches)
    Amendment made: No. 49, in page 41, line 7, at end add— `(5) If this section applies the court may make such a consequential or incidental order as it believes is appropriate.'—[Mr....
  • Clause 65 - Appeal to Court of Appeal (5 speeches)
    Question proposed, That the clause stand part of the Bill. Mr. Dominic Grieve (Beaconsfield) rose—
  • Clause 69 - Powers of court and receiver (18 speeches)
    I beg to move amendment No. 136, in page 43, line 39, at end insert— `(bb) must be exercised, in a case where a confiscation order has not been made, with a view to minimising so far as is...
  • Clause 70 - Committal by magistrates' court (15 speeches)
    I beg to move amendment No. 137, in page 44, line 18, after `offence', insert `punishable by a term of imprisonment or a fine of level 2 or above on the standard scale.'. We touched on this...
  • Clause 72 - Serious default (55 speeches)
    I beg to move amendment No. 138, in page 45, line 23, leave out `serious'.
• Proceeds of Crime Bill, 13th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 75 - Criminal lifestyle (129 speeches)
    I beg to move amendment No. 270, in page 47, line 24, leave out paragraph (c).
  • Clause 76 - Conduct and benefit (6 speeches)
    I beg to move amendment No. 281, in page 47, line 40, leave out from 'conduct' to end of line 2 on page 48. I shall be brief, as we have just had rather a long discussion. The amendment is to...
• Proceeds of Crime Bill, 14th sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 76 - Conduct and benefit (28 speeches)
    Amendment proposed [this day]: No. 281 in page 47, line 40, leave out from 'conduct' to end of line 2 on page 48.—[Norman Baker.] Question again proposed, That the amendment be made.
  • Clause 78 - Gifts and their recipients (50 speeches)
    I beg to move amendment No. 274, in page 49, line 14, leave out 'obtained' and insert 'transferred'.
  • Clause 79 - Value: the basic rule (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 84 - Property: general provisions (3 speeches)
    I beg to move amendment No. 50, in page 51, line 31, leave out from 'security' to end of line 32.
• Proceeds of Crime Bill, 15th sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 94 - Making of order (110 speeches)
    I beg to move amendment No. 141, in page 55, line 22, leave out 'may' and insert 'must'.
  • Clause 95 - Time for making order (17 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 96 - Recoverable amount (0 speeches)
    Amendment made: No. 148, in page 56, line 32, at end insert— '(2A) But if section 94(6A) applies the recoverable amount is such amount as— (a) the court believes is just, but (b) does...
  • Clause 98 - Available amount (0 speeches)
    Mr. Foulkes: I beg to move amendment No. 302, in page 57, line 38, leave out from 'date' to end of line 41. The amendment deletes an unnecessary provision and brings clause 98 into line with...
  • Clause 99 - Assumptions as to benefit from (0 speeches)
    Mr. Foulkes: I beg to move amendment No. 150, in page 58, line 3, leave out 'may' and insert 'must'. The Chairman: With this it will be convenient to take the following: Government amendments...
  • Clause 100 - Effect of order on court's other powers (0 speeches)
    Amendment proposed: No. 153, in page 58, line 43, after 'Act', insert '(compensation orders)'.—[Mr. Foulkes.] The Chairman: With this it will be convenient to take Government amendment No....
  • Clause 101 - Disposal of family home (0 speeches)
    Question proposed, That the clause stand part of the Bill. Mr. Foulkes: I advise the hon. Member for Beaconsfield, although I may regret it, that this clause merits our attention, as do clauses...
  • Clause 102 - Postponement (3 speeches)
    I beg to move amendment No. 155, in line 36, at end insert 'or if the accused has failed to comply with an order under section 105(1)'.
  • Clause 103 - Effect of postponement (0 speeches)
    Amendments made: No. 158, in page 61, line 17, leave out 'or'. No. 159, in page 61, line 18, at end insert— '(c) make an order for the payment of compensation under section 249 of the...
  • Clause 104 - Statement of information (7 speeches)
    Amendments made: No. 161, in page 62, line 12, after '(2)', insert '— (a)'. No. 162, in clause 104, page 62, line 13, at end insert— '(b) must, if the prosecutor believes there...
  • Clause 105 - Accused's response to statement (5 speeches)
    I beg to move, amendment No. 166, in page 62, line 37, leave out 'If' and insert 'When'.
  • Clause 106 - Provision of information by accused (0 speeches)
    Amendment made: No. 170, in page 63, line 33, leave out 'assertion' and insert 'allegation'.—[Mr. Foulkes.] Clause 106, as amended, ordered to stand part of the Bill.
  • Clause 107 - No order made: reconsideration of case (13 speeches)
    I beg to move amendment No. 171, in page 64, line 6, leave out 'date of conviction' and insert 'relevant date'.
  • Clause 108 - No order made: reconsideration of benefit (0 speeches)
    Amendments made: No. 179, in page 65, line 43, leave out 'may' and insert 'must'. No. 180, in page 66, line 6, at end insert— '(8A) The recoverable amount for the purposes of section 94...
  • Clause 109 - Order made: reconsideration of benefit (0 speeches)
    Amendments made: No. 185, in page 66, line 43, leave out 'may' and insert 'must'. No. 186, in page 67, leave out lines 10 to 12 and insert— '(b) if it exceeds the amount required to be...
  • Clause 110 - Order made: reconsideration of (4 speeches)
    I beg to move amendment No. 190, in page 67, line 33, leave out 'an amount not exceeding'.
  • Clause 111 - Inadequacy of available amount (8 speeches)
    I beg to move amendment No. 194, in page 68, line 16, leave out 'or discharge'.
• Proceeds of Crime Bill, 16th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 111 - Inadequacy of available amount (7 speeches)
    Amendment proposed [this day]: No. 194, in page 68, line 16, leave out 'or discharge'.—[Mr. Bob Ainsworth.] Question again proposed, That the amendment be made.
  • Clause 113 - Conviction or other disposal of accused (23 speeches)
    I beg to move amendment No. 196, in page 69, line 4, leave out 'absconds' and insert 'is unlawfully at large'.
  • Clause 114 - Accused neither convicted nor acquitted (37 speeches)
    Amendments made: No. 307, in page 69, line 36, leave out 'may' and insert 'must'. No. 203, in page 69, line 40, leave out 'thinks' and insert 'believes'. No. 204, in page 69, line 44, at end...
  • Clause 115 - Variation of order (16 speeches)
    I beg to move amendment No. 209, in page 70, line 33, after 'founded', insert— '(a) it must find the amount which should have been the amount required to be paid (taking the circumstances...
  • Clause 117 - Appeal by prosecutor (0 speeches)
    Amendments made: No. 211, in page 71, line 22, leave out '(9)' and insert '(10)'. No. 212, in page 71, line 34, leave out '(9)' and insert '(10)'.—[Mr. Bob Ainsworth.] Clause 117, as...
  • Clause 118 - Time for payment (5 speeches)
    I beg to move amendment No. 213, in page 72, line 18, at end insert— '(5A) An order under subsection (4)— (a) may be made after the end of the specified period, but (b) must not...
  • Clause 119 - Interest on unpaid sums (0 speeches)
    Amendment made: No. 214, in page 72, line 28, at end insert— '(2A) For the purposes of this section no amount is required to be paid under a confiscation order if— (a) an...
  • Clause 120 - Application of provisions (9 speeches)
    I beg to move amendment No. 215, in page 73, line 18, leave out '214(2)(b) of the Procedure Act' and insert '118'. This is a drafting amendment. It replaces an obsolete reference to section...
  • Clause 121 - Conditions for exercise of powers (0 speeches)
    Amendment made: No. 216, in page 75, line 6, leave out '(7)' and insert '(8)'.—[Mr. Foulkes.] Clause 121, as amended, ordered to stand part of the Bill.
  • Clause 122 - Restraint orders etc (7 speeches)
    I beg to move Government amendment No. 217, in clause 122, page 75, line 33, leave out 'in respect of which the order is made' and insert 'which falls within subsection (4A)'.
  • Clause 123 - Application, recall and variation (5 speeches)
    I beg to move amendment No. 226, in page 76, line 14, leave out paragraph (b).
  • Clause 124 - Appeals (5 speeches)
    Amendment made: No. 229, in page 77, line 3, leave out 'having an interest' and insert 'affected by the order'.—[Mr. Foulkes.]
  • Clause 125 - Inhibition of property affected by order (1 speech)
    I beg to move amendment No. 230, in page 77, line 17, leave out from ''order'' to end of line 18. Amendment No. 230 is similar to amendment No. 226. It is a drafting amendment that removes...
  • Clause 127 - Restraint orders: administrators (21 speeches)
    I beg to move amendment No. 231, in page 78, line 36, leave out subsections (5) to (7).
  • Clause 129 - Confiscation order made: administrators (4 speeches)
    Amendments made: No. 233, in page 79, line 21, at end insert— '(3A) An appointment of an administrator may be made subject to conditions or exceptions.'. No. 234, in page 79, line 23,...
  • Clause 131 - Discharge (0 speeches)
    Amendments made: No. 241, in page 80, line 20, after 'property', insert '(the management administrator)'. No. 242, in page 80, line 22, leave out 'first mentioned' and insert 'management'. ...
  • Clause 132 - Application of sums by administrator (0 speeches)
    Amendments made: No. 245, in page 80, line 31, leave out '127 or'. No. 246, in page 80, line 35, leave out '127 or'. No. 247, in page 81, line 17, at end insert— '(6A) The...
  • Clause 134 - Powers of court and administrator (0 speeches)
    Amendment made: No. 249, in page 83, line 12, leave out 'realised' and insert 'sold'.—[Mr. Foulkes.] Clause 134, as amended, ordered to stand part of the Bill. Clause 135 ordered to...
  • Clause 136 - Protection of persons affected (0 speeches)
    Amendment made: No. 250, in page 84, line 1, leave out paragraph (c).—[Mr. Foulkes.] Clause 136, as amended, ordered to stand part of the Bill. Clause 137 ordered to stand part of the Bill
  • Schedule 2 - Administrators: further provision (0 speeches)
    Amendments made: No. 268, in page 260, line 22, at end insert— '(15A) An administrator may— (a) enter any premises; (b) search for or inspect anything authorised by the court; ...
  • Clause 138 - Administrators: restriction on (0 speeches)
    Amendment made: No. 304, in page 84, line 9, leave out '127 or'.—[Mr. Foulkes.] Clause 138, as amended, ordered to stand part of the Bill.
  • Clause 139 - Serious default (25 speeches)
    I beg to move amendment No. 251, in page 84, line 37, leave out 'any' and insert 'the'.
  • Clause 144 - Tainted gifts and their recipients (12 speeches)
    I beg to move amendment No. 253, in page 88, line 8, leave out 'there are' and insert 'his particular criminal conduct consists of'.
  • Clause 145 - Value: the basic rule (0 speeches)
    Amendment made: No. 257, in page 88, line 37, after 'time' insert 'ignoring any charging order under a provision listed in subsection (3A). (3A) The provisions are— (a) section 9 of...
  • Clause 147 - Value of tainted gifts (27 speeches)
    I beg to move amendment No. 258, in page 89, line 28, leave out subsections (3) and (4). Clause 147 deals with the value of tainted gifts. The amendment will delete subsections (3) and (4)...
  • Clause 149 - Realisable property (4 speeches)
    I beg to move amendment No. 259, in page 90, line 9, leave out subsection (2). With some trepidation, I say to the Committee that the amendment is designed to simplify the definition of...
  • Clause 150 - Property: general provisions (3 speeches)
    I beg to move amendment No. 260, in page 90, line 31, leave out paragraph (f) and insert— '(f) references to an interest, in relation to land in England, Wales or Northern Ireland, are to...
  • Clause 152 - Applications (0 speeches)
    Amendments made: No. 261, in page 91, line 29, after 'satisfied', insert 'or discharged'. No. 262, in page 91, line 32, leave out 'person who made the application' and insert...
  • Clause 154 - Drug trafficking offences (6 speeches)
    I beg to move amendment No. 263, in page 92, line 19, leave out paragraph (b).
  • Clause 156 - Other interpretative provisions (0 speeches)
    Amendments made: No. 265, in page 92, line 44, leave out '(11)' and insert '(12)'. No. 266, in page 93, line 8, leave out '(10)' and insert '(11)'. Clause 156, as amended, ordered to stand...
  • Clause 157 - Rules of court (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • New Clause 2 - Seizure (0 speeches)
    '(1) If a restraint order is in force a constable may seize any realisable property to which it applies to prevent its removal from Scotland. (2) Property seized under subsection (1) must be...
  • New Clause 3 - Recall and variation of order (0 speeches)
    '(1) The prosecutor and any other person affected by an order made under section 127 or 129 may apply to the court to vary or recall the order. (2) On an application under this section the...
  • New Clause 4 - Appeals (0 speeches)
    '(1) If on an application for an order under section 127 or 129 the court decides not to make one, the prosecutor may appeal to the Court of Session against the decision. (2) If the court makes...
  • New Clause 6 - Time for making order (0 speeches)
    'A confiscation order must be made before the court sentences the accused for the offence (or any of the offences) concerned.'.—[Mr. Foulkes.] Brought up, read the First and Second time,...
  • New Clause 7 - Inadequacy of available amount: (0 speeches)
    (1) This section applies if— (a) a court has made a confiscation order, (b) the prosecutor applies to the court to discharge the order under this section, and (c) the amount remaining...
• Proceeds of Crime Bill, 17th sitting (1 speech)
  [Mr. Roger Gale in the Chair]
  • Clause 158 - Making of order (69 speeches)
    I beg to move amendment No. 368, in page 93, line 38, after 'lifestyle', insert— ', or is or has been a member of any terrorist or paramilitary organisation'.
  • Clause 163 - Assumptions to be made in case of criminal lifestyle (8 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 164 - Time for payment (7 speeches)
    I beg to move amendment No. 119, in page 97, line 3, at end add— '(6) An order under subsection (4)— (a) may be made after the end of the specified perid, but (b) must not be made...
  • Clause 165 - Interest on unpaid sums (0 speeches)
    Amendment made: No. 120, in page 97, line 9, at end insert— '(2A) For the purposes of this section no amount is required to be paid under a confiscation order if— (a) an...
  • Clause 171 - Provision of information by defendant (13 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 173 - No order made: reconsideration of benefit (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 185 - Court's powers on appeal (5 speeches)
    I beg to move amendment No. 121, in page 112, line 22, leave out subsection (11).
  • Clause 188 - Enforcement as fines etc (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 200 - Powers (0 speeches)
    Amendments made: No. 122, in page 120, line 34, leave out from 'property' to end of line 35. No. 123, in page 120, line 39, leave out 'sell' and insert 'realise'. No. 124, in page 121, line...
  • Clause 202 - Powers (0 speeches)
    Amendments made: No. 126, in page 122, line 14, leave out from 'property' to end of line 15. No. 127, in page 123, line 16, at end insert— '(8A) The court may order that a power...
  • Clause 203 - Appointment (0 speeches)
    Amendment made: No. 128, in page 123, line 28, leave out subsection (2) and insert— '(2) But this section does not apply if— (a) the confiscation order was made by the Court of...
  • Clause 204 - Powers (0 speeches)
    Amendments made: No. 129, in page 124, line 9, leave out from 'property' to end of line 10. No. 130, in page 125, line 9, at end insert— '(8A) The court may order that a power conferred...
  • Clause 215 - Management receivers: discharge (0 speeches)
    Amendments made: No. 131, in page 131, line 3, at end insert— '(3A) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his...
  • Clause 235 - Property: general provisions (0 speeches)
    Amendment made: No. 133, in page 141, line 23, leave out from 'security' to end of line 24.—[Mr. Ainsworth.] Clause 235, as amended, ordered to stand part of the Bill. Clauses 236 to...
• Proceeds of Crime Bill, 18th sitting (3 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 245 - General purpose of this Part (66 speeches)
    I beg to move amendment No. 365, in page 145, line 8, after 'property', insert 'to the value at least £10,000'. We now come to a completely new part of the Bill, which contains some of its...
  • Clause 246 - ''Unlawful conduct'' (23 speeches)
    I beg to move amendment No. 308, in page 145, line 26, after 'court', insert 'or sheriff'. This is a minor amendment that will remedy a defect in the drafting of subsection (3). The clause...
• Proceeds of Crime Bill, 19th sitting (0 speeches)
  [Mr. Roger Gale in the Chair]
  • Clause 246 - ''Unlawful conduct'' (33 speeches)
    Amendment proposed [11 December]: No. 366, in page 145, line 26, to leave out the words 'on a balance of probabilities', and to insert the words 'to the standard applicable in civil...
  • Clause 247 - ''Property obtained through unlawful conduct'' (65 speeches)
    I beg to move amendment No. 380, in page 145, line 31, leave out '(whether his own conduct or another's)'.
  • Clause 248 - Proceedings for recovery orders in England (11 speeches)
    I beg to move amendment No. 382, in page 146, line 7, at end insert— '(1A) All proceedings for a recovery order in the High Court shall take place in chambers.'.
• Proceeds of Crime Bill, 20th sitting (2 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 248 - Proceedings for recovery orders in England and Wales or Northern Ireland (48 speeches)
    Amendment proposed [this day]: No. 382, in page 146, line 7, at end insert— '(1A) All proceedings for a recovery order in the High Court shall take place in chambers.'.—[Mr....
  • Clause 250 - ''Associated property'' (23 speeches)
    I beg to move amendment No. 354, in page 147, line 1, leave out paragraph (e). This is a probing amendment. The explanatory notes offer the example that where a painting is recoverable property,...
  • Clause 251 - Application for interim receiving order (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 252 - Functions of interim receiver (14 speeches)
    I beg to move amendment No. 349, in page 148, line 7, leave out subsection (3).
  • Schedule 3 - Powers of interim receiver or administrator (13 speeches)
    I beg to move amendment No. 358, in page 262, line 18, leave out subparagraph (2). Schedule 3 defines the powers of the interim receiver or administrator. A number of points arise from that....
• Proceeds of Crime Bill, 21st sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Schedule 3 (111 speeches)
    Powers of interim receiver or administrator
  • Clause 254 - Supervision of interim receiver (5 speeches)
    [Mr. Stephen McCabe in the Chair]
  • Clause 255 - Restrictions on dealing etc. with property (32 speeches)
    I beg to move amendment No. 351, in page 149, line 2, leave out 'must' and insert 'may'.
• Proceeds of Crime Bill, 22nd sitting (0 speeches)
  [Mr. Roger Gale in the Chair]
  • Clause 255 - Restrictions on dealing etc. with property (13 speeches)
    Good afternoon, ladies and gentlemen. Your festivities can start at 7 o'clock. However, before then we have quite a few clauses to get through.
  • Clause 256 - Restriction on proceedings and remedies (3 speeches)
    I beg to move amendment No. 357, in page 149, line 32, after 'receiver', insert 'and any other affected party'. The clause imposes ''Restriction on proceedings and remedies''. Subsection (1)...
  • Clause 257 - Exclusion of property which is not recoverable etc. (10 speeches)
    I beg to move amendment No. 384, in page 150, line 3, leave out from 'that' to the end of line 5 and insert 'it is just so to do'. The clause deals with the exclusion of property that is not...
  • Clause 263 - Restrictions on dealing etc. with property (0 speeches)
    Amendment made: No. 406, in page 152, line 34, leave out 'in relation to recoverable property'.—[Mr. Bob Ainsworth.] Clause 263, as amended, ordered to stand part of the Bill. Clauses...
  • Clause 266 - Reporting (1 speech)
    I beg to move amendment No. 407, in page 153, line 34, leave out 'receiving' and insert 'administration'. This is a purely drafting amendment. It is designed to ensure that the correct Scottish...
  • Clause 267 - Recovery orders (23 speeches)
    I beg to move amendment No. 389, in page 154, line 3, leave out 'may' and insert 'must'.
  • Clause 268 - Functions of the trustee for civil recovery (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 4 - Powers of trustee for civil recovery (2 speeches)
    Question proposed, That this schedule be the Fourth schedule to the Bill.
  • Clause 271 - Agreements about associated and joint property (27 speeches)
    I beg to move amendment No. 395, page 156, line 6, at end insert 'and the time for making such payment may be postponed by agreement between the enforcement authority and the excepted joint...
  • Clause 273 - Payments in respect of rights under pension schemes (8 speeches)
    I beg to move amendment No. 315, in page 157, line 27, leave out 'and' and insert 'to'.
  • Clause 276 - Consent orders (0 speeches)
    Amendments made: No. 316, in page 159, line 38, leave out '275' and insert '272'. No. 317, in page 159, line 39, after first 'and', insert 'and sections 273 to 275 apply to such an order only...
  • Clause 278 - Section 277: supplementary (17 speeches)
    I beg to move amendment No. 404, in page 161, line 18, at end insert— '(c)Any item of property representing the original property shall be known as related property.'.
  • Clause 279 - Applying realised proceeds (3 speeches)
    I beg to move amendment No. 318, in page 161, line 41, at end insert 'or which he obtained in pursuance of a recovery order'.
  • Clause 280 - Victims of theft, etc. (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 281 - Other exemptions (3 speeches)
    I beg to move amendment No. 399, in page 162, line 22, leave out subsections (1), (2) and (3). Who are the categories of individuals in respect of whom it is envisaged that the Secretary of...
  • Clause 282 - Compensation (3 speeches)
    I beg to move amendment No. 400, in page 163, line 16, at end insert— ''(1A)If any other person has suffered loss or damage as a result of an interim receiver or interim administrator...
  • Clause 283 - Northern Ireland: interpretation (3 speeches)
    Amendments made: No. 345, in page 163, line 42, leave out 'the High Court' and insert 'courts'. No. 346, in page 163, line 43, leave out 'Chapter' and insert 'Part'. No. 347, in page 164,...
• Proceeds of Crime Bill, 23rd sitting (1 speech)
  [Mr. Roger Gale in the Chair]
  • Clause 288 - Searches (83 speeches)
    I beg to move amendment No. 449, in page 167, line 7, leave out from 'property' to 'and' in line 8.
  • Clause 289 - Prior approval (9 speeches)
    I beg to move amendment No. 452, in page 168, line 3, leave out from 'approval' to end of line 4.
  • Clause 290 - Report on exercise of powers (18 speeches)
    I beg to move amendment No. 324, in page 169, line 2, leave out from 'exercised' to end of line 3 and insert 'in cases where the customs officer or constable who exercised them is required to...
  • Clause 291 - Code of Practice (26 speeches)
    I beg to move amendment No. 453, in page 169, line 26, leave out subsection (6).
• Proceeds of Crime Bill, 24th sitting (1 speech)
  [Mr. Bill O'Brien in the Chair]
  • Clause 293 - Seizure of cash (40 speeches)
    I beg to move amendment No. 325, in page 170, line 14, at end insert— '(1A) A customs officer or constable may also seize cash part of which he has reasonable grounds for suspecting to...
  • Clause 294 - Detention of seized cash (84 speeches)
    I beg to move amendment No. 456, in page 170, line 24, leave out 'three months' and insert 'one month'.
  • Clause 295 - Interest (3 speeches)
    Amendment made: No. 446, in page 171, line 17, at end insert— '( ) In the case of cash detained under section 294 which was seized under section 293(1A), the customs officer or constable...
  • Clause 296 - Release of detained cash (4 speeches)
    I beg to move amendment No. 458, in page 171, line 25, after 'seized', insert 'or by a person claiming ownership of the cash and without objection from the person from whom the cash was seized'.
• Proceeds of Crime Bill, 25th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 296 - Release of detained cash (13 speeches)
    Amendment proposed [this day]: No. 458, in page 171, line 25 after 'seized', insert 'or by a person claiming ownership of the cash and without objection from the person from whom the cash was...
  • Clause 297 - Forfeiture (5 speeches)
    Amendment made: No. 333, page 172, line 16, leave out subsections (4) and (5).—[Mr. Bob Ainsworth.]
  • Clause 300 - Compensation (53 speeches)
    I beg to move amendment No. 335, in page 173, line 20, leave out subsections (2) and (3) and insert— '(1A) If, for any period after the initial detention of the cash for 48 hours, the cash...
  • Clause 301 - The minimum amount (10 speeches)
    I beg to move amendment No. 462, in page 174, line 3, leave out from 'is' to end of line 5 and insert '£10,000'. This is a probing amendment to give the Minister an opportunity to put on...
  • Clause 302 - Property obtained through unlawful conduct (10 speeches)
    I beg to move amendment No. 337, in page 174, line 17, leave out 'Property' and insert 'Recoverable property obtained through unlawful conduct'.
  • Clause 303 - Tracing property, etc. (0 speeches)
    Amendments made: No. 338, in page 174, line 27, leave out 'the original property or of' and insert 'recoverable property, whether the original property or'. No. 339, in page 174, line 31,...
  • Clause 304 - Mixing property (14 speeches)
    I beg to move amendment No. 470, in page 175, line 1, leave out subsection (3). To my mind, the clause is extremely simple. Subsection (1) states: ''Subsection (2) applies if a person's...
  • Clause 306 - General exceptions (20 speeches)
    I beg to move amendment No. 471, in page 175, line 19, at end insert 'or property obtained through unlawful conduct'. This is the amendment to which I alluded earlier. It addresses the question...
  • Clause 307 - Granting interests (3 speeches)
    I beg to move amendment No. 473, in page 176, line 45, leave out subsection (2). Here we go again, Mr. McWilliam. Clause 307(1) states: ''If a person grants an interest in his recoverable...
  • Clause 308 - Insolvency (10 speeches)
    I beg to move amendment No. 463, in page 177, line 23, after 'under', insert 'section 2 of the 1985 Act,'.
  • Clause 309 - Obtaining and disposing of property (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 310 - General interpretation (1 speech)
    Amendment made: No. 340, in page 178, line 25, at end insert 'or (7)'.—[Mr. Bob Ainsworth.]
  • New Clause 8 - Consent orders: pensions (0 speeches)
    '(1) This section applies where recoverable property to which proceedings under this Chapter relate includes rights under a pension scheme. (2) A recovery order made by virtue of section...
  • New Clause 9 - Victims (2 speeches)
    '(1) A person who claims that any cash detained under section 294, or any part of it, belongs to him may apply to a magistrates' court or (in Scotland) the sheriff for the cash or part to be...
• Proceeds of Crime Bill, 26th sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 311 - Director's general Revenue functions (119 speeches)
    I beg to move amendment No. 421, in page 180, line 10, leave out 'criminal' and insert 'unlawful'.
  • Clause 313 - Source of income (13 speeches)
    I beg to move amendment No. 477, in page 181, line 32, leave out subsection (1). This is one of the most important issues that we shall discuss this morning. The clause, more than anything else,...
• Proceeds of Crime Bill, 27th sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 313 - Source of income (3 speeches)
    Amendment proposed [this day]: No. 477, in page 181, line 32, leave out subsection (1). Question again proposed, That the amendment be made.
  • Clause 314 - Appeals (8 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 315 - Director's functions: transfers of value (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 316 - Director's functions: certain settlements (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 317 - Functions (26 speeches)
    I beg to move amendment No. 480, in page 183, line 35, leave out paragraph (e).
  • Clause 318 - Exercise of Revenue functions (7 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 319 - Declarations (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 320 - Interpretation (28 speeches)
    I beg to move amendment No. 484, in page 185, line 13, at end insert— '(1A) Nothing in this section may be construed to permit investigation of matters which do not constitute offences...
• Proceeds of Crime Bill, 28th sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 321 - Concealing etc (185 speeches)
    I beg to move amendment No. 426, in page 186, line 11, after 'he', insert 'knowingly'.
• Proceeds of Crime Bill, 29th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 321 - Concealing etc (82 speeches)
    Amendment proposed [this day]: No. 426, in page 186, line 11, after 'he', insert 'knowingly'.—[Mr. Hawkins.] Question again proposed, That the amendment be made.
  • Clause 322 - Arrangements (70 speeches)
    I beg to move amendment No. 518, in page 186, line 39, at end add— '(d) the amount of money involved in the arrangement or the value of the property does not exceed £1,000'.
• Proceeds of Crime Bill, 30th sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 322 - Arrangements (9 speeches)
    Amendment proposed [17 January]: No. 518, in page 186, line 39, at end add— '(d) the amount of money involved in the arrangement or the value of the property does not exceed...
  • Clause 323 - Acquisition, use and possession (29 speeches)
    Amendment proposed: No. 428, in page 187, line 2, after 'he', insert 'knowingly'.—[Mr. Grieve.] Question put, That the amendment be made:— The Committee divided: Ayes 5, Noes 16.
  • Clause 324 - Failure to disclose: regulated sector (77 speeches)
    I beg to move amendment No. 487, in page 187, line 27, leave out from 'suspects' to end of line 28.
• Proceeds of Crime Bill, 31st sitting (1 speech)
  [Mr. John McWilliam in the Chair]
  • Clause 324 - Failure to disclose: regulated sector (145 speeches)
    Amendment proposed [this day]: No. 487, in page 187, line 27, leave out from 'suspects' to end of line 28.—[Mr. Grieve.] Question again proposed, That the amendment be made.
• Proceeds of Crime Bill, 32nd sitting (1 speech)
  [Mr. Roger Gale in the Chair]
  • Clause 324 - Failure to disclose: regulated sector (90 speeches)
    I beg to move amendment No. 97, in page 187, line 33, at end insert— 'and he was directly involved in the activities by virtue of which the business is regulated.'. The Committee will be...
• Proceeds of Crime Bill, 33rd sitting (0 speeches)
  [Mr. Bill O'Brien in the Chair]
  • Clause 324 - Failure to disclose: regulated sector (45 speeches)
    Amendment proposed [this day]: No. 488, in page 187, line 40, after 'and', insert 'believes'.—[Mr. Grieve.] Question again proposed, That the amendment be made.
  • Schedule 6 - Regulated sector and (13 speeches)
    I beg to move amendment No. 515, in page 265, line 3, leave out from beginning to end of line 43 on page 266 and insert— 'Part 1 Regulated sector Business in the regulated sector 1...
  • Clause 327 - Protected disclosures (0 speeches)
    Amendments made: No. 512, in page 189, line 19, leave out 'a business in the regulated sector' and insert— 'his trade, profession, business or employment'. No. 513, in page 189, line 33,...
  • Clause 328 - Authorised disclosures (21 speeches)
    I beg to move amendment No. 522, in page 190, line 2, leave out from 'act' to end of line 4. This is a probing amendment that is designed to allow us to discuss the mechanisms through which...
  • Clause 329 - Interpretation (21 speeches)
    I beg to move amendment No. 509, in page 190, line 28, after 'an', insert— 'indictable'. This is another way of approaching the issue that we discussed under the de minimis clause. A...
• Proceeds of Crime Bill, 34th sitting (0 speeches)
  • Mr. Bill O'Brien (2 speeches)
    I beg to move, That, in the Programming Order of the Committee of 13 November 2001, the Table be further amended as follows— (1) in the second column in respect of the 34th sitting by...
  • Clause 331 - Offences of prejudicing investigation (19 speeches)
    I shall keep my remarks brief. We have a marathon sitting to get through, even though the finishing post has been moved to 6 pm. I am grateful to the Minister and the Government Whip for the way...
  • Clause 332 - Judges (8 speeches)
    I beg to move amendment No. 548, in page 193, line 17 leave out 'Circuit Judge' and insert 'judge of the Crown Court.'. I am so taken aback by the Minister's acceptance of amendment No. 547 that...
  • Clause 335 - Requirements for making of production order (43 speeches)
    I beg to move amendment No. 549, in page 194, line 33, at end add— '(5) There must be reasonable grounds for believing that it is in the public interest having regard— (a) to the...
  • Clause 337 - Further provisions (38 speeches)
    I beg to move amendment No. 290, in page 195, line 2, leave out 'may' and insert 'does'.
  • Clause 341 - Search and seizure warrants (7 speeches)
    I beg to move amendment No. 551, in page 197, line 17, at end insert 'but that the material cannot at the time of making the application be particularised.'. The clause deals with search and...
  • Clause 342 - Requirements where production order not available (0 speeches)
    Amendment made: No. 292, in page 199, line 7, after 'constable' insert 'or a customs officer'.—[Mr. Bob Ainsworth.] Clause 342, as amended, ordered to stand part of the Bill.
  • Clause 343 - Further provisions: general (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 346 - Disclosure orders (9 speeches)
    I beg to move amendment No. 556, in page 200, line 38, at end insert 'or a civil recovery investigation'.
• Proceeds of Crime Bill, 35th sitting (1 speech)
  [Mr. Roger Gale in the Chair]
  • Clause 346 - Disclosure orders (19 speeches)
    Amendment proposed [this day]: No. 556, in page 200, line 38, at end insert— 'or a civil recovery investigation'.—[Mr. Grieve.] Question again proposed, That the amendment be made.
  • Clause 347 - Requirements for making of disclosure order (52 speeches)
    I beg to move amendment No. 552, in page 201, line 30, at end add— '(4) In deciding whether information which may be provided is of substantial value, the court must be satisfied that the...
  • Clause 348 - Offences (14 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 349 - Statements (8 speeches)
    I beg to move amendment No. 553, in page 202, line 16, leave out paragraph (d). I refer to the explanatory notes, which recognise that As part of the Government's response to the judgment of...
  • Clause 352 - Customer information orders (0 speeches)
    Amendment proposed: No. 293, in page 203, line 27, leave out 'a senior' and insert 'an'.—[Mr. Bob Ainsworth.] Question put, That the amendment be made:— The Committee divided: Ayes...
  • Clause 357 - Further provisions (0 speeches)
    Amendment made: No. 294, in page 206, line 36, leave out subsections (1) to (3).—[Mr. Bob Ainsworth.] Clause 357, as amended, ordered to stand part of the Bill.
  • Clause 358 - Supplementary (0 speeches)
    Amendments made: No. 296, in page 207, line 16, leave out 'police officer' and insert 'constable'. No. 297, in page 207, line 18, leave out 'police officer' and insert 'constable'. No. 475,...
  • Clause 359 - Account monitoring orders (0 speeches)
    Amendment proposed: No. 298, in page 208, line 10, leave out 'application' and insert 'order'.—[Mr. Bob Ainsworth.] Question put, That the amendment be made:— The Committee divided:...
  • Clause 362 - Applications (0 speeches)
    Amendment made: No. 299, in page 209, line 7, leave out subsections (2) to (4).—[Mr. Bob Ainsworth.] Clause 362, as amended, ordered to stand part of the Bill.
  • Clause 363 - Information: privilege and disclosure (0 speeches)
    Amendment made: No. 300, in page 209, line 15, leave out subsections (1) to (3).—[Mr. Bob Ainsworth.] Motion made, and Question put, That clause 363, as amended, and clauses 364 to 366...
  • Clause 367 - Production orders (0 speeches)
    Amendments proposed: No. 526, in page 211, line 15, leave out subsection (3). No. 527, in page 211, line 21, at end insert— '(4A ) The application must also state that— (a) the...
  • Clause 368 - Requirements for making of production order (0 speeches)
    Amendment proposed: No. 528, in page 212, line 3, at end insert— '(2A) There must be reasonable grounds for believing that the person the application specifies as appearing to be in...
  • Clause 369 - Order to grant entry (4 speeches)
    Motion made, and Question put, That the clause stand part of the Bill:— The Committee divided: Ayes 14, Noes 1.
  • Clause 370 - Further provisions (0 speeches)
    Amendments proposed: No. 529, in page 212, line 17, leave out 'may' and insert 'does'. No. 530, in page 212, line 18, after 'privilege' insert— ', except that a lawyer may be required to...
  • Clause 374 - Search warrants (0 speeches)
    Amendments made: No. 531, in page 214, line 8, leave out subsection (3). No. 532, in page 214, line 27, leave out from beginning to 'may' in line 28 and insert— 'An application for a...
  • Clause 377 - Further provisions: confiscation, civil recovery and money laundering (0 speeches)
    Amendment proposed: No. 533, in page 216, line 14, leave out 'constable' and insert 'proper person'.—[Mr. Bob Ainsworth.] Question put, That the amendment be made:— The Committee...
  • Clause 378 - Disclosure orders (0 speeches)
    Amendment made: No. 534, in page 217, line 1, leave out subsection (3).—[Mr. Bob Ainsworth.] Clause 378, as amended, ordered to stand part of the Bill. Clauses 379 to 382 ordered to...
  • Clause 383 - Supplementary (2 speeches)
    On a point of order, Mr. Gale. Opposition amendments cannot be voted on in this part of the proceedings, but the Minister has expressed his willingness to accept amendment No. 433. I seek...
  • Clause 384 - Customer information orders (0 speeches)
    Amendment made: No. 538, in page 219, line 36, leave out subsection (3).—[Mr. Bob Ainsworth.] Clause 384, as amended, ordered to stand part of the Bill. Clauses 385 to 388 ordered to...
  • Clause 389 - Further provisions (0 speeches)
    Amendment made: No. 539, in page 223, line 2, leave out subsection (1).—[Mr. Bob Ainsworth.] Clause 389, as amended, ordered to stand part of the Bill. Clause 390 ordered to stand part...
  • Clause 391 - Account monitoring orders (0 speeches)
    Amendments made: No. 540, in page 223, line 34, leave out subsection (3). No. 541, in page 224, line 18, leave out 'application' and insert 'order'.—[Mr. Bob Ainsworth.] Clause 391, as...
  • Clause 394 - Further provisions (0 speeches)
    Amendment made: No. 542, in page 225, line 13, leave out subsection (1).—[Mr. Bob Ainsworth.] Clause 394, as amended, ordered to stand part of the Bill. Clause 395 ordered to stand part...
  • Clause 396 - Jurisdiction of sheriff (0 speeches)
    Amendment made: No. 543, in page 226, line 6, at end insert— 'or to any other provision of this Act'.—[Mr. Bob Ainsworth.] Clause 396, as amended, ordered to stand part of the Bill.
  • Clause 397 - Interpretation (0 speeches)
    Amendment proposed: No. 544, in page 226, leave out lines 16 to 24 and insert— ' ''legal privilege'' means protection in legal proceedings from disclosure, by virtue of any rule of law...
  • Clause 399 - Property (0 speeches)
    Amendment proposed: No. 545, in page 227, line 24, leave out 'but excluding a lease which is not a long lease'.—[Mr. Bob Ainsworth.] Question put, That the amendment be made:— The...
  • Clause 402 - Modifications of the 1986 Act (18 speeches)
    I beg to move amendment No. 563, in page 229, line 10, leave out from 'which' to end of line 11 and insert— 'an order under section 50 or 52 is in force;'.
  • Clause 403 - Restriction of powers (0 speeches)
    Amendment made: No. 567, in page 230, line 8, at end insert— '(d) in a case where a confiscation order has been made under section 6 or 158 of this Act, any sums remaining in the hands of...
  • Clause 405 - Modifications of the 1985 Act (0 speeches)
    Amendments made: No. 568, in page 231, line 27, leave out from 'which' to end of line 28 and insert— 'an order under section 50 or 52 is in force;'. No. 569, in page 231, leave out lines...
  • Clause 406 - Restriction of powers (0 speeches)
    Amendment made: No. 572, in page 232, line 24, at end insert— '(d) in a case where a confiscation order has been made under section 6 or 158 of this Act, any sums remaining in the hands of...
  • Clause 407 - Tainted gifts (16 speeches)
    I beg to move amendment No. 593, in page 232, line 42, after 'under' insert 'the Bankruptcy Act 1621 (c. 18) or'
  • Clause 408 - Modifications of the 1989 Order (0 speeches)
    Amendments made: No. 573, in page 233, line 42, leave out from 'which' to end of line 43 and insert— 'an order under section 50 or 52 is in force;'. No. 574, in page 234, leave out lines...
  • Clause 409 - Restriction of powers (0 speeches)
    Amendment made: No. 577, in page 234, line 40, at end insert— '(d) in a case where a confiscation order has been made under section 6 or 158 of this Act, any sums remaining in the hands of...
  • Clause 411 - Winding up under the 1986 Act (0 speeches)
    Amendments made: No. 578, in page 236, line 20, leave out from 'which' to end of line 21 and insert— 'an order under section 50 or 52 is in force;'. No. 579, in page 236, leave out lines...
  • Clause 412 - Tainted gifts (0 speeches)
    Amendment made: No. 597, in page 237, line 43, after 'alienations)' insert ', or otherwise.'—[Mr. Bob Ainsworth.] Clause 412, as amended, ordered to stand part of the Bill.
  • Clause 413 - Winding up under the 1989 Order (0 speeches)
    Amendments made: No. 582, in page 238, line 36, leave out from 'which' to end of line 37 and insert— 'an order under section 50 or 52 is in force;'. No. 583, in page 238, leave out lines...
  • Clause 415 - Floating charges (0 speeches)
    Amendments made: No. 586, in page 240, line 40, leave out from 'which' to end of line 41 and insert— 'an order under section 50 or 52 is in force;'. No. 587, in page 240, leave out lines...
  • Clause 418 - Meaning of insolvency practitioner (5 speeches)
    Mr. Ainsworth rose—
• Proceeds of Crime Bill, 36th sitting (0 speeches)
  [Mr. Roger Gale in the Chair]
  • Clause 420 - Use of information by director (30 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 421 - Disclosure of information to director (94 speeches)
    I beg to move amendment No. 625, in page 244, line 16, at beginning insert— 'Except as provided for in subsection (3) below,'.
• Proceeds of Crime Bill, 37th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 421 - Disclosure of information to Director (18 speeches)
    Amendment proposed [this day]: No. 606, in page 245, line 1, leave out subsection (9). -- [Mr. Grieve.] Question again proposed, That the amendment be made.
  • Clause 422 - Further disclosure (11 speeches)
    Amendment proposed: No. 607, in page 245, line 17, leave out paragraph (b).--[Mr. Grieve.] Question put, That the amendment be made:-- The Committee divided: Ayes 6, Noes 15.
  • Clause 423 - Disclosure of information by Director (87 speeches)
    I beg to move amendment No. 609, in page 245, line 37, leave out paragraph (a).
• Proceeds of Crime Bill, 38th sitting (3 speeches)
  [Mr. Roger Gale in the Chair]
  • Clause 428 - Enforcement in different parts of (45 speeches)
    I beg to move amendment No. 640, in page 249, line 37, leave out subsection (4). We now come to part 11, which is about co-operation, and deals with several important provisions that the...
  • Clause 429 - External requests and orders (45 speeches)
    I beg to move amendment No. 641, in page 249, line 43, at end insert— 'from a designated country'.
  • Clause 430 - External investigations (32 speeches)
    I beg to move amendment No. 642, in page 250, line 27, leave out paragraph (b). In this clause, further provision is made for external investigations. Subsection (1) states: Her Majesty may be...
  • Clause 432 - Interpretation (2 speeches)
    I beg to move amendment No. 301, in page 251, line 16, at end insert— '(4A) Property is obtained by a person if he obtains an interest in it. (4B) References to an interest, in relation...
• Proceeds of Crime Bill, 39th sitting (0 speeches)
  [Mr. John McWilliam in the Chair]
  • Clause 433 - Tax (4 speeches)
    Question proposed, That the clause stand part of the Bill. Mr. Dominic Grieve (Beaconsfield) rose—
  • Schedule 7 - Tax (32 speeches)
    I beg to move amendment No. 650, in page 267, line 12, leave out from '203' to end of line 15 on page 269 and insert— '(d) an interim receiver appointed under section 251; (e) an interim...
  • Clause 434 - Customs and Excise prosecutions (27 speeches)
    I beg to move amendment No. 618, in page 252, line 14, after 'officer', insert ', unless the reason for his removal or discharge is connected with these proceedings.'. May I clear up a point...
  • Clause 435 - Crown servants and regulators (9 speeches)
    I beg to move amendment No. 645, in page 253, line 4, leave out subsection (3).
  • Clause 436 - References to financial investigators (10 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 438 - Amendments (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 8 - Amendments (35 speeches)
    I beg to move amendment No. 657, in page 270, line 15, after '88' insert ', 154'.
  • Schedule 9 - Repeals and revocations (10 speeches)
    I beg to move amendment No. 678, in page 282, line 38, column 2, at end insert— 'Section 14. In Schedule 4, paragraph 1.'.
  • Clause 441 - Orders and regulations (4 speeches)
    I do not have time to move amendment No. 649, in page 254, line 12, leave out subsection (4) to (6) and insert— '(4) No order (other than one falling to be made by a court) or regulations...