Clause 59 - Restrictions on use of statements
Serious Organised Crime and Police Bill
10:15 am
Ms Vera Baird (Redcar, Labour)
I have a short query, which I hope I am raising appropriately in connection with clause 59, which deals with excluding the fruit of any disclosure notice from criminal proceedings only, not from civil proceedings.
What the Minister said is absolutely right, but I have a concern. How does someone challenge a notice that they do not believe they should have been served with? I have not seen anything in the Bill to set up a procedure, so my point is wider than the one that the hon. Member for Sutton Coldfield made about challenging issues of privilege. If I do not believe that I possess documents that can be relevant to an investigation into Bloggs—perhaps because I have never met Bloggs or do not know who he is—how do I get such powers lifted? Do I have to go to court via a civil route, which would probably be a long route and could certainly obstruct criminal proceedings or an investigation?
I hope that the Minister can help, although she might be unable to do so straight away—I appreciate that my question might be a bolt from the blue. It is important that people know what they have to do to get out from under such draconian powers if, by any mischance, they are inappropriately applied.