Clause 6 - Making of order
Proceeds of Crime Bill
11:00 am
Mr Dominic Grieve (Beaconsfield, Conservative)
I accept the Minister's point, but this is the Government's Bill. The burden of proof is on the Government to satisfy me—on the balance of probabilities, if not so that I am sure—that the Bill will not affect civil liberties. It was the Government's choice to word clause 6 as they did. He will appreciate that they could have kept the existing system and written a new clause to cover the wider situation, but they did not choose to do that. They have mixed the two matters together.
Short of rewriting the entire Bill—which is beyond my ability while I am also dealing with the Government's terrorism legislation on alternate days—I can only do my best to highlight problems. This problem is readily curable by substituting the civil standard of proof for the balance of probabilities, which is what I invite the Committee to do.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: No. 31, in page 4, line 5, leave out `a balance of probabilities' and insert
`the standard applicable in civil proceedings'.—[Mr. Grieve.]
Question put, That the amendment be made:—
The Committee divided: Ayes 6, Noes 16.