Clause 42 - Offence of disclosure
Crime (International Co-operation) Bill [Lords]
10:30 am
Mr Nick Hawkins (Surrey Heath, Conservative)
I will give way to the hon. Gentleman in a moment. Before I do, perhaps I may elaborate briefly.
In civil law—a different field—if a party is at fault they would normally have to pay damages only if they were seen to have caused some financial loss or other damage. A court might, even in contempt proceedings, make an order that a party that caused the problem should pay what are called the costs thrown away. Normally, in most areas of the law, some adverse consequence should be shown—for example, before a criminal prosecution or before any damages are awarded in civil cases. If no harm is done, why should there be a prosecution? I hope that the Minister understands the serious point we are making.