Wednesday, 6 March 1991
The House met at half-past Two o'clock
[MR. SPEAKER in the Chair]
To ask the Secretary of State for Scotland how many people in Scotland are in arrears with mortgage payments; and how many houses have been repossessed as a result of mortgage default during the...
To ask the Secretary of State for Scotland what assistance his Department has given to agencies catering for homeless young Scots in London.
To ask the Secretary of State for Scotland if he will make a statement on the recent meetings he has had with political parties in relation to the reform of local government finance.
To ask the Secretary of State for Scotland if he will make a statement on the level of education funding within Highland region, with specific regard to the needs of building repair and refurbishment.
To ask the Secretary of State for Scotland if he has any plans to meet representatives of the Convention of Scottish Local Authorities to discuss housing in Scotland.
To ask the Secretary of State for Scotland which bodies were consulted before appointments were made to the 15 reconstituted health boards in Scotland.
To ask the Secretary of State for Scotland what initiatives are planned to improve patient care in the national health service in Scotland.
To ask the Secretary of State for Scotland what plans he has to promote development and enterprise in the Borders.
To ask the Secretary of State for Scotland if he will make a statement on the implementation of the reforms to the licensed trade following the Monopolies and Mergers Commission report on the...
To ask the Secretary of State for Scotland how many people are currently unemployed in Scotland; and if he will make a statement.
To ask the Secretary of State for Scotland if he will make a statement on the effectiveness of warrant sales to enforce poll tax payments in Scotland.
To ask the Secretary of State for Scotland what consideration he is giving to the educational pack "Taking Up The Challenge", funded by the Scottish Education Department, and published by the...
To ask the Secretary of State for Scotland if he will make a statement regarding the future of general hospitals in the Greater Glasgow area.
To ask the Secretary of State for Scotland what plans his Department has to develop forestry within the United Kingdom.
To ask the Secretary of State for Scotland what plans he has to introduce temperature controls on the distribution of smoked salmon produced in Scotland and posted from there.
To ask the Secretary of State for Scotland when he next expects to meet the Convention of Scottish Local Authorities to discuss the Scottish economy and unemployment.
To ask the Secretary of State for Scotland how many representations he has had (a) in favour and (b) against primary testing.
To ask the Secretary of State for Scotland if he will make a statement on the reception facilities in Scottish hospitals for service personnel returning from the Gulf.
On a point of order, Mr. Speaker, of which I have given you notice. On page 2426 of the Order Paper today, you will see that the first question is in my name. This question has been transferred...
Mr. Robert Adley, supported by Mr. Peter Snape, Mr. Paddy Ashdown, Mrs. Margaret Ewing, Sir Peter Hordern, Mr. Robert Sheldon, Mr. David Madel, Mr. Donald Anderson, Mr. Robert Boscawen, Mr. Bob...
Sir Hector Monro, supported by Mr. Calum Macdonald and Mrs. Margaret Ewing, presented a Bill to increase from 9 to 12 the maximum number of members of a regional advisory committee maintained...
Ordered,
I beg to move, That leave be given to bring in a Bill to provide for persons employed at the Government Communications Headquarters to have the right to belong to an independent trade union of...
Mr. David Winnick accordingly presented a Bill to provide for persons employed at the Government Communications Headquarters to have the right to belong to an independent trade union of their...
Ordered, That, for the purposes of any Act resulting from the Northern Ireland (Emergency Provisions) Bill, it is expedient to authorise or require payments into the Consolidated Fund....
Ordered, That, notwithstanding that such provisions could not have been proposed in Committee without an Instruction from the House, amendments may be proposed on consideration of the Northern...
As amended (in the Standing Committee), considered.
'.—(1) Where a person is convicted in the Crown Court of a relevant offence the court shall, subject to the provisions of this section, make a confiscation order if it is satisfied that he...
'.—(1) Subject to subsection (2) below, a confiscation order shall be made by the court before sentencing or otherwise dealing with the defendant for the offence or offences in respect of...
'.—(1) In this Part of this Act "relevant offence" means— (a) a scheduled offence falling within paragraph 12(a), 20(b), (c) or (e) or 21(aa), (h), (ha), (hb), (j) or (k) of Part I of...
'.—(1) In this Part of this Act "realisable property" means, subject to subsection (2) below— (a) any property held by the defendant; and(b) any property held by a person to whom the...
.—(1) The Crown Court shall, for the purpose of determining whether the defendant has benefited from terrorist-related activities and, if he has, of assessing the value of his proceeds of...
'.—( 1) Where— (a) there is tendered to the court by the prosecution a statement as to any matters relevant in the case of a defendant who has been convicted of a relevant...
'.—(1) Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby— (a) the retention or control by or on behalf of another (referred...
'.—(1) A person is guilty of an offence if he— (a) conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of...
'. Schedule (Confiscation orders: supplementary provisions) to this Act shall have effect with respect to the enforcement of confiscation orders and otherwise for supplementing the provisions of...
'.—(1) In this Part of this Act— "charging order" means an order made under paragraph 6 of Schedule (Confiscation orders: supplementary provisions) to this Act;"confiscation order"...
'The Secretary of State may make regulations— (a) requiring all persons ordinarily resident in Northern Ireland to possess an identity card;(b) requiring such an identity card to contain a...
'If the Attorney General for Northern Ireland is of the opinion that a conviction may be unsatisfactory or unsafe in the light of relevant evidence which was not available to the court at the...
'.—(1) There shall be established in Northern Ireland the office of ombudsman for the army.
'Where the Secretary of State is of the opinion that an organisation in receipt of public funds is furthering the aims of a proscribed organisation, he may seek an order from the High Court...
'.—(1) The Secretary of State shall make a code of practice in connection with the use of lethal force by police officers and members of Her Majesty's Forces in dealing with suspected...
1. In all situations the minimum force necessary must be used. Firearms must only be used as the last resort. Where their use is unavoidable they must be used with restraint, in proportion to the...
3. Firearms must always be made safe. No live rounds are to be carried in the breech of a firearm and automatic weapons are not to be made ready for firing unless they are about to be fired or an...
7. Where the use of firearms is justified in accordance with these rules members of the security forces shall identify themselves and shall give a clear warning of their intent to use firearms,...
9. Assistance and medical aid are to be rendered to any person injured at the earliest possible moment.
10. Relatives or close friends of any person injured or affected by the use of firearms shall be notified at the earliest possible moment.
11. In all cases where firearms are used a report on the circumstances shall be made promptly to a superior officer.
12. The police shall have immediate access to a member of the security forces who has used or is reasonably suspected of having used lethal force.'.
I beg to move amendment No. 16, in page 13, line 5, after 'seize' insert ',and detain for not more than four hours,'. The amendment gives effect to a commitment which I gave in Committee. Clause...
I beg to move amendment No. 17, in page 13, line 28, after 'above' insert 'reasonably'. Clause 19(4) enables members of the police and armed forces carrying out a search of a dwelling house or...
I beg to move amendment No. 5, in page 15, leave out lines 31 to 48.
Amendment made: No. 41, in page 18, line 15, at end insert— '(1A) Where a document or record examined under section 22 above was found in the course of a search of a vehicle, vessel or...
12 midnight
Amendment made: No. 18, in page 34, line 44, at end insert— '(8) Subsection (1) above does not apply to anything done under Part (Confiscation of proceeds of terrorist-related activities)...
I beg to move amendment No. 19, in page 35, line 20, leave out from 'prosecution' to 'except' in line 21 and insert— 'in respect of an offence under this Act shall not be instituted in...
Amendments made: No. 21, in page 36, line 4, leave out from '(2)' to 'shall' in line 5 and insert 'No order under section 1 or 28 above or 58(3) below or paragraph 18(1)(a) of Schedule...
Amendments made: No. 25, in page 36, line 35, after 'Act', insert 'except Part (Confiscation of proceeds of terrorist-related activities)'.
Amendment made: No. 31, in page 38, line 23, leave out 'section 47, Schedule 4 and paragraph 2(2) and (3)' and insert 'sections (Assisting another to retain proceeds of terrorist-related...
1.—(1) Section (Interpretation of confiscation provisions) of this Act also has effect for the purposes of this Schedule.
2.—(1) Where the Crown Court makes a confiscation order against a defendant, section 35(1), (2) and (4) of the Criminal Justice Act (Northern Ireland) 1945 (powers of Crown Court in...
3.—(1) If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid (whether forthwith on the making of the order or at a time specified...
4.—(1) The powers conferred on the High Court by paragraphs 5(1) and 6(1) below are exercisable where— (a) proceedings have been instituted in Northern Ireland against the defendant...
5.—(1) The High Court may by order (a restraint order) prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.
6.—(1) The High Court may make a charging order on realisable property for securing the payment to the Crown— (a) where a confiscation order has not been made, of an amount equal to...
7.—(1) Subject to any provision made under paragraph 9 below or by rules of court, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same...
8.—(1) The power to make a restraint order or charging order under the provisions of paragraphs 5 and 6 above shall be exercisable by the Secretary of State in any case in which it appears...
9.—(1) Where— (a) a confiscation order is made;(b) the order is not subject to appeal; and(c) the proceedings in which it was made have not been concluded, the High Court may, on an...
10.—(1) Where— (a) by virtue of section (Confiscation orders)(7) of this Act the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be...
11.—(1) Subject to sub-paragraph (2) below, the following sums in the hands of a receiver appointed under this Part or in pursuance of a charging order, that is— (a) the proceeds of...
12.—(1) This paragraph applies to the powers conferred on the High Court and the Secretary of State by paragraphs 5 to 9 and 11 above, or on a receiver appointed under this Schedule or in...
13.—(1) Where a receiver appointed under this Schedule or in pursuance of a charging order takes any action— (a) in relation to any property which is not realisable property, being...
14.—(1) If, on an application by the defendant in respect of a confiscation order, the High Court is satisfied that the realisable property is inadequate for the payment of any amount...
15.—(1) Where a person who holds realisable property is adjudged bankrupt— (a) property for the time being subject to a restraint order made before the order adjudging him bankrupt;...
16.—(1) Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for the voluntary winding...
17.—(1) Without prejudice to the generality of the Insolvency (Northern Ireland) Order 1989 or any other statutory provision, where— (a) any person acting as an insolvency...
18.—(1) Her Majesty may by Order in Council make provision for the enforcement of confiscation orders and restraint orders— (a) in England, Wales and Scotland; and(b) in any of the...
19.—(1) If proceedings are instituted against a person for a relevant offence or relevant offences and either— (a) the proceedings do not result in his conviction for any such...
20.—(1) In the case of a confiscation order made before the coming into operation of the Insolvency (Northern Ireland) Order 1989, section (Realisable property, value and gifts)(41) of this...
Amendments made: No. 32, in page 41, line 43, at end insert— '(e) paragraph 25A(4) of Schedule 4 (restraint orders by Secretary of State).'
I beg to move amendment No. 13, in page 47, line 36, leave out from beginning to 'require' and insert 'A circuit judge may, on an application made by an authorised investigator,'.
Amendments made: No. 36, in page 50, line 43, at end insert—
1A. In Article 3(2)(a) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a...
1B. Article 31 of the Bankruptcy Amendment (Northern Ireland) Order 1980 shall have effect as if amounts payable under confiscation orders made under section (Confiscation orders) of this Act...
1C. In Article 17(2) of the Fines and Penalties (Northern Ireland) Order 1984 after paragraph (i) there shall be inserted— (j) the Table in section 35(2) of the Criminal Justice Act...
4. Article 255 of the Insolvency (Northern Ireland) Order 1989 shall have effect as if the reference to a fine included a reference to a confiscation order made under section (Confiscation...
5. In Article 2(4)(b) of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 after "1989" there shall be inserted the words "or a relevant offence within the meaning of Part...
Resolved, That the draft northern Ireland (Emergency and Prevention of Terrorism Provision) (continuance) order 1991,which was laid before this House on 22nd February, be approved. —[Mr....
Motion made, and Question proposed, That this House do now adjourn.—[Mr. Nicholas Baker.]
Debates in the House of Commons are an opportunity for MPs from all parties to scrutinise government legislation and raise important local, national or topical issues.
And sometimes to shout at each other.
