Clause 11 - Assumptions to be made in case of criminal lifestyle
Proceeds of Crime Bill
5:30 pm
Mr Norman Baker (Lewes, Liberal Democrat)
As the hon. Member for Beaconsfield said earlier, it is difficult to predict how Committees will go. I imagined that we might get to clause 11 earlier, but in the event we had a useful discussion on clause 10.
Clause 11 is one of the most important clauses, along with clauses 6 and 75. The amendment in my name, in those of my colleagues and in those of the Conservatives, raises important issues. Yet again, we have an amendment that would replace ``must'' with ``may'' and would build in some discretion for the judicial process. No doubt the Minister will characterise that as weakening the Bill. That charge can unconsciously be made, but there is always a balance to be struck between ensuring that legislation is effective and attains the aims that the Government wish and that Members of all parties share, and ensuring that sufficient safeguards are in place to prevent miscarriages of justice or inappropriate behaviour that cannot be challenged. The Committee will frequently discuss that key balance. It is dealt with in the amendment, although there are alternative places in the clause—and in the Bill—where it would be possible to build in safeguards.