Mr Nick Hawkins (Surrey Heath, Conservative)

I have a brief point to raise. The clause was not debated at all in the other place, because there were a couple of amendments that Baroness Carnegy of Lour did not move, for reasons that she explained. In effect, the clause went through the other place on the nod. We on the Conservative Benches do not have a problem with the clause; in fact, we strongly approve of subsection (2), which is about the Secretary of State referring matters that relate to serious or complex fraud to the director of the Serious Fraud Office.

I hope the Minister will be able to answer just one question. If he cannot answer it today, I hope that he will, with his usual courtesy, do me the honour of writing to me to explain things. Subsection (1) says:

''Where the evidence is in England and Wales or Northern Ireland, the Secretary of State may by a notice nominate a court to receive any evidence to which the request relates which appears to the court to be appropriate for the purpose of giving effect to the request.''

What form will that notice take? If that has, as I anticipate, been going on since the 1990 Act, perhaps the Minister could show me an example of the notices that are used. If he cannot answer now, perhaps he will write to me and other Committee members.

Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)

If there is a standard notice, I shall provide all Committee members with a copy.

Lady Lady Hermon (North Down, UUP)

I am delighted to see you in the Chair, Mr. Benton.

Will the Minister clarify yet again his point on the Assets Recovery Agency? It does useful work tackling serious fraud and basic criminality, committed principally by loyalist and republican paramilitaries in Northern Ireland, but has extensive powers throughout the UK. Will the Minister consider whether under the clause a request for evidence would impinge on the good work that the agency is doing?

Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)

The hon. Lady suggests a request for evidence from an overseas authority. It is difficult for me to respond off the top of my head. I do not see how, by the mere fact of having established an agency to try to seize and confiscate criminal assets, we can or should refuse to give mutual legal assistance on requests from abroad. I am not certain that one will cut across the other. I am happy to explore that outside with the hon. Lady, to try to satisfy her that that is not the case. I know that she is concerned that the Assets Recovery Agency should be as effective as possible, especially in Northern Ireland. I am reaching for her concerns, but I do not understand how those arise as a result of our giving mutual legal assistance and cutting across the Assets Recovery Agency.

Lady Lady Hermon (North Down, UUP)

The Minister will appreciate that it tracks devious individuals who are well organised through their paramilitary links and connections that they have built up over many years. I am concerned that if a request came from a court, tribunal or body in

the Republic of Ireland, which shares a land frontier with Northern Ireland, it could jeopardise ongoing investigations carried out by the Assets Recovery Agency.

Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)

There is no requirement on us to give assistance if ongoing procedures in this country could be jeopardised by giving evidence or assistance offered abroad. We would have to be certain about that. A problem could potentially arise, because people would need to be aware of all the investigations that are taking place, including those carried out by the Assets Recovery Agency. I can see the hon. Lady's point. I shall consider that further and contact her outside the Committee.

Question put and agreed to.

Clause 15 ordered to stand part of the Bill.

Schedule 1 agreed to.