Clause 42 - Offence of disclosure
Crime (International Co-operation) Bill [Lords]
10:30 am
Mr David Heath (Somerton and Frome, Liberal Democrat)
There are two amendments in the group. The first relates to a matter that we have already dealt with, and I suspect that the Minister's answer will be the same.
I do not agree with the hon. Member for Surrey Heath on his second amendment. In fact, I am slightly alarmed by it. We are talking about not only an inadvertent or incorrect disclosure, but blowing the gaff on the investigation. It is impossible to work out what the difficulties in the proceedings would be because, as a result of the disclosure, the action that would have been taken might not go ahead. Therefore, the financial transaction that might have been made, and that might have produced substantial evidence in pursuit of an investigation, would not take place. One cannot prove that, however. It is impossible to do so, because it means proving a negative in the absence of evidence.
Although I do not like absolute offences, in this instance there are equivalents elsewhere in law. It must be made absolutely clear that proceedings on the basis of disclosure of the fact that an investigation is taking place, and therefore the jeopardising of it, should not rely on the extent of the damage and proving the offence. I think that the hon. Gentleman is wrong in this instance.