Clause 22 - Limitations of emergency regulations
Civil Contingencies Bill
2:30 pm
Mr Alistair Carmichael (Shadow Minister (Northern Ireland), Northern Ireland Affairs; Orkney and Shetland, Liberal Democrat)
I was going to keep my remarks for the clause stand part debate, but they are germane to what has just been said.
I wish to explore the reasons for these offences being triable only summarily. That follows on naturally from the last point made by the hon. Member for North-East Hertfordshire (Mr. Heald). It may be an unintended consequence of the offence being triable only summarily that it would attract a six-month time bar for prosecution. I would be interested to know if that is the case as it would affect a very small number of cases, certainly in Scots law. It may also lead to some procedural difficulties, which are always something to bear in mind. Will the Minister confirm that that would mean that it could never appear on an indictment? If an offence under this section were to run alongside more serious cases it may be necessary to level charges under this section for evidential purposes. Presumably, that would not be available to the prosecution. I would be interested to explore with the Minister his reasons for framing the provision in this fairly restrictive manner.