Clause 184 - Powers when conducting an investigation

Part of Enterprise Bill – in a Public Bill Committee at 5:45 pm on 23 April 2002.

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Photo of Miss Melanie Johnson Miss Melanie Johnson Parliamentary Under-Secretary, Department of Trade and Industry 5:45, 23 April 2002

As I have said before, the powers of investigation conferred on the OFT under the Bill are entirely necessary and proportionate for the detection and successful prosecution of offences. The hon. Gentleman is making a point. I had hoped to persuade him that we were in entirely the right place; I seem to have persuaded him that we are in the wrong place but for a different reason. I take it that he will not support the amendments on that basis. The powers include the power to require information under notice without the requirement for judicial approval. Those powers are not unique; other enforcement agencies use them in the investigation of similarly serious crime. Indeed, the powers in the Bill have been modelled on the powers conferred on the SFO in the Criminal Justice Act 1987. I have no reason to believe anything other than that they are entirely compatible with the European convention on human rights.

I am sure that the hon. Member for Orkney and Shetland is well aware that there is no absolute right to a solicitor in Scotland. However, Scottish case law has established the principle that if a suspect asks for a solicitor and the investigating officer refuses the request, the refusal can be used as evidence in determining whether the interview was fair. In

practice, the OFT would offer a suspect under Scottish jurisdiction access to legal representation whether or not it was seeking voluntary statements that could be used as evidence against that suspect. For those reasons, I shall take away amendment No. 97 and consider the matter further, but I hope that I have persuaded the hon. Gentleman that he should withdraw the amendment.