Clause 94 - Making of order
Proceeds of Crime Bill
8:55 am
Mr George Foulkes (Minister of State, Scottish Office; Carrick, Cumnock and Doon Valley, Labour/Co-operative)
Ultimately, this is the sovereign Parliament of the United Kingdom, and it has devolved power to the Scottish Parliament. If a Bill on a devolved matter covers substantial areas relevant to Scotland, it is expedient for the Scottish Parliament either to consider legislating on that subject or to decide to accept UK legislation and pass a Sewel motion, which returns legislative power to this Parliament.
All these provisions are relatively new, but I am breaking new ground in Committee by thinking it appropriate to consult Scottish Ministers. It is right to do so when a substantial change is suggested. That probably creates a precedent, but we are in uncharted waters on this subject, which is very interesting constitutionally. We could talk about it at greater length on a more appropriate occasion.
The Lord Advocate, Jim Wallace and I concluded that it would be right to bring Scottish legislation into line with that in England and Wales and make the confiscation regimes mandatory on both sides of the border. By doing so, we are signalling to the courts, and above all to criminals and potential criminals, our determination to confiscate the ill-gotten gains from those who are convicted. That is an important message, and the Government have tabled a number of amendments to achieve those aims.
The hon. Member for Beaconsfield (Mr. Grieve)—because of his knowledge and because of the part that he took in debates on part 2—will recognise better than anyone that the Government amendments are mostly exactly the same as those that we discussed in relation to part 2, although a few are particular to Scotland.
Amendments Nos. 141, 142 and 144 require the courts to make a confiscation order if the conditions set out in subsections (2), (3) and (4) are met. The conditions reflect the provisions in clause 6. Amendment No. 172 requires the courts to proceed under clause 94 when reconsidering a case in which no order was made. The provisions reflect those in clause 20, in part 2. Amendments Nos. 306 and 307 require the court to proceed under clause 94 when a person who has been convicted is unlawfully at large, or—as stated in clause 113—if the accused is unlawfully at large and has been neither convicted nor acquitted.