Previously called Standing Committees, Public Bill Commitees study proposed legislation (Bills) in detail, debating each clause and reporting any amendments to the Commons for further debate.
There are at least 16 MPs on a Committee, and the proportion of parties reflects the House of Commons, so the government always has a majority.
[Mr. John McWilliam in the Chair]
I beg to move amendment No. 1, in page 1, line 7, after `Director)', insert `and a deputy Director for Northern Ireland'.
I beg to move amendment No. 7, in page 257, line 27, leave out from `targets' to end of line 28 and insert `and the basis of such performance targets;'. I join the other hon. Members who have...
I beg to move amendment No. 2, in page 2, line 19, leave out subsection (5). The clause will allow us to have a wide-ranging discussion, because it relates to an important issue in the Bill. We...
I beg to move amendment No. 3, in page 2, line 23, leave out `must' and insert `may'. Amendments Nos. 3 and 4 are not being taken together, but they have the same aim, and I wish to explain it....
[Mr. Roger Gale in the Chair]
Good afternoon, ladies and gentlemen. I am pleased to note that rapid progress has been made under Mr. McWilliam's wise chairmanship, and we are well on target to finish consideration of the...
Question proposed, That the clause stand part of the Bill. Mr. Dominic Grieve (Beaconsfield) rose—
I beg to move amendment No. 5, in page 3, line 7, leave out `must' and insert `may'. The amendment is a probing one, and follows along the lines of the discussion that we have already had, but...
[Mr. Bill O'Brien in the Chair]
I beg to move amendment No. 8, in page 3, line 16, leave out `must' and insert `may'.
[Mr. Roger Gale in the Chair]
Amendment proposed [this day]: No. 8, in page 3, line 16, leave out `must' and insert `may'.—[Mr. Grieve.] Question again proposed, That the amendment be made.
[Mr. Roger Gale in the Chair]
Amendment proposed [15 November]: No. 30, in page 4, line 5, to leave out the words `a balance of probabilities' and to insert the words `the standard applicable for criminal...
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 32, in page 5, line 30, leave out paragraph (b) and insert— `(b) to pay any sum which is a lawful and bone fide debt.'.
[Mr. John McWilliam in the Chair]
Amendment proposed [this day]: No. 32, in page 5, line 30, leave out paragraph (b) and insert— `(b) to pay any sum which is a lawful and bone fide debt.'.—[Mr. Grieve.] Question...
I beg to move amendment No. 24, in page 5, line 37, leave out `must' and insert `may'.
[Mr. Roger Gale in the Chair]
I beg to move amendment No. 101, in page 6, line 28, leave out `on' and insert `within seven days of'.
Amendment made: No. 37, in page 7, line 6, at end insert- `(2A) For the purposes of this section no amount is required to be paid under a confiscation order if- (a) an application has been...
[Mr. Bill O'Brien in the Chair]
Question proposed [this day], That the clause, as amended, stand part of the Bill. Question again proposed.
I beg to move amendment No. 60, in page 7, line 35, leave out subsection (7). This is a probing amendment, and I do not want to hear any remarks from the Government Back Benches that it is...
I beg to move amendment No. 103, in page 8, line 3, leave out subsection (3).
I beg to move amendment No. 105, in page 8, line 29, after `(1)', insert `Notwithstanding the provisions of section 7'. This is a relatively small matter of general housekeeping. Hon. Members...
I beg to move amendment No. 78, in page 9, line 21, after `court', insert `and the defendant'.
[Mr. Bill O'Brien in the Chair]
I beg to move amendment No. 63, in page 11, line 17, after first `the', insert `investigating agencies or'.
I beg to move amendment No. 88, in page 12, line 33, leave out subsection (2)(b). It may be due to the hour of the night when I drafted some of the amendments but a re-reading of clause 21 seems...
I beg to move amendment No. 94, in page 14, line 18, after `were', insert `now'.
[Mr. John McWilliam in the Chair]
Question proposed [this day], That the clause stand part of the Bill. Question again proposed.
I beg to move amendment No. 96, in, page16, line 44, leave out `the' and insert `a'. This is the simplest of amendments. When I was reading through the clause, it occurred to me that the word...
I beg to move amendment No. 107, in page17, line 9, leave out paragraph (c).
I beg to move amendment No. 66, in page 17, line 32, leave out `50' and insert `1000'. The amendment would delete from subsection (1)(c) the reference to £50 and would replace it with a...
I beg to move amendment No. 110, in page 18, line 4, leave out paragraph (d).
I beg to move amendment No. 111, in page 18, line 20, leave out `appropriate' and insert `just and reasonable'.
Question proposed, That the clause stand part of the Bill.
Amendment proposed: No. 29, in page 20, line 4, leave out from `(d)' to `he' in line 5.—[Mr. Carmichael.]
Amendment made: No. 38, in page 22, line 3, leave out subsection (11)—[Mr. Bob Ainsworth.] Clause 33, as amended, ordered to stand part of the Bill. Clauses 34 to 40 ordered to stand...
[Mr. John McWilliam in the Chair]
Good morning. As no Liberal Democrat Member is here, would one of the other hon. Members in whose name amendment No. 67 stands like to move it?
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 39, in page 30, line 36, leave out from `property' to end of line 37.
Amendments made: No. 43, in page 32, line 14, leave out from `property' to end of line 15. No. 44, in page 33, line 16, at end insert— `(8A) The court may order that a power conferred by...
I beg to move amendment No. 45, in page 33, line 28, leave out subsection (2) and insert— `(2) But this section does not apply if— (a) the confiscation order was made by the Court...
Amendments made: No. 46, in page 34, line 9, leave out from `property' to end of line 10. No. 47, in page 35, line 9, at end insert— `(8A) The court may order that a power conferred by...
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 134, in page 36, line 29, leave out subsection (7).
I beg to move amendment No. 48, in page 41, line 3, at end insert— `(3A) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of...
[Mr. John McWilliam in the Chair]
Amendment made: No. 49, in page 41, line 7, at end add— `(5) If this section applies the court may make such a consequential or incidental order as it believes is appropriate.'—[Mr....
Question proposed, That the clause stand part of the Bill. Mr. Dominic Grieve (Beaconsfield) rose—
I beg to move amendment No. 136, in page 43, line 39, at end insert— `(bb) must be exercised, in a case where a confiscation order has not been made, with a view to minimising so far as is...
I beg to move amendment No. 137, in page 44, line 18, after `offence', insert `punishable by a term of imprisonment or a fine of level 2 or above on the standard scale.'. We touched on this...
I beg to move amendment No. 138, in page 45, line 23, leave out `serious'.
[Mr. John McWilliam in the Chair]
I beg to move amendment No. 270, in page 47, line 24, leave out paragraph (c).
I beg to move amendment No. 281, in page 47, line 40, leave out from 'conduct' to end of line 2 on page 48. I shall be brief, as we have just had rather a long discussion. The amendment is to...
[Mr. Bill O'Brien in the Chair]
Amendment proposed [this day]: No. 281 in page 47, line 40, leave out from 'conduct' to end of line 2 on page 48.—[Norman Baker.] Question again proposed, That the amendment be made.
I beg to move amendment No. 274, in page 49, line 14, leave out 'obtained' and insert 'transferred'.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 50, in page 51, line 31, leave out from 'security' to end of line 32.
[Mr. Bill O'Brien in the Chair]
I beg to move amendment No. 141, in page 55, line 22, leave out 'may' and insert 'must'.
Question proposed, That the clause stand part of the Bill.
Amendment made: No. 148, in page 56, line 32, at end insert— '(2A) But if section 94(6A) applies the recoverable amount is such amount as— (a) the court believes is just, but (b) does...
Mr. Foulkes: I beg to move amendment No. 302, in page 57, line 38, leave out from 'date' to end of line 41. The amendment deletes an unnecessary provision and brings clause 98 into line with...
Mr. Foulkes: I beg to move amendment No. 150, in page 58, line 3, leave out 'may' and insert 'must'. The Chairman: With this it will be convenient to take the following: Government amendments...
Amendment proposed: No. 153, in page 58, line 43, after 'Act', insert '(compensation orders)'.—[Mr. Foulkes.] The Chairman: With this it will be convenient to take Government amendment No....
Question proposed, That the clause stand part of the Bill. Mr. Foulkes: I advise the hon. Member for Beaconsfield, although I may regret it, that this clause merits our attention, as do clauses...
I beg to move amendment No. 155, in line 36, at end insert 'or if the accused has failed to comply with an order under section 105(1)'.
Amendments made: No. 158, in page 61, line 17, leave out 'or'. No. 159, in page 61, line 18, at end insert— '(c) make an order for the payment of compensation under section 249 of the...
Amendments made: No. 161, in page 62, line 12, after '(2)', insert '— (a)'. No. 162, in clause 104, page 62, line 13, at end insert— '(b) must, if the prosecutor believes there...
I beg to move, amendment No. 166, in page 62, line 37, leave out 'If' and insert 'When'.
Amendment made: No. 170, in page 63, line 33, leave out 'assertion' and insert 'allegation'.—[Mr. Foulkes.] Clause 106, as amended, ordered to stand part of the Bill.
I beg to move amendment No. 171, in page 64, line 6, leave out 'date of conviction' and insert 'relevant date'.
Amendments made: No. 179, in page 65, line 43, leave out 'may' and insert 'must'. No. 180, in page 66, line 6, at end insert— '(8A) The recoverable amount for the purposes of section 94...
Amendments made: No. 185, in page 66, line 43, leave out 'may' and insert 'must'. No. 186, in page 67, leave out lines 10 to 12 and insert— '(b) if it exceeds the amount required to be...
I beg to move amendment No. 190, in page 67, line 33, leave out 'an amount not exceeding'.
I beg to move amendment No. 194, in page 68, line 16, leave out 'or discharge'.
[Mr. John McWilliam in the Chair]
Amendment proposed [this day]: No. 194, in page 68, line 16, leave out 'or discharge'.—[Mr. Bob Ainsworth.] Question again proposed, That the amendment be made.
I beg to move amendment No. 196, in page 69, line 4, leave out 'absconds' and insert 'is unlawfully at large'.
Amendments made: No. 307, in page 69, line 36, leave out 'may' and insert 'must'. No. 203, in page 69, line 40, leave out 'thinks' and insert 'believes'. No. 204, in page 69, line 44, at end...
I beg to move amendment No. 209, in page 70, line 33, after 'founded', insert— '(a) it must find the amount which should have been the amount required to be paid (taking the circumstances...
Amendments made: No. 211, in page 71, line 22, leave out '(9)' and insert '(10)'. No. 212, in page 71, line 34, leave out '(9)' and insert '(10)'.—[Mr. Bob Ainsworth.] Clause 117, as...
I beg to move amendment No. 213, in page 72, line 18, at end insert— '(5A) An order under subsection (4)— (a) may be made after the end of the specified period, but (b) must not...
Amendment made: No. 214, in page 72, line 28, at end insert— '(2A) For the purposes of this section no amount is required to be paid under a confiscation order if— (a) an...
I beg to move amendment No. 215, in page 73, line 18, leave out '214(2)(b) of the Procedure Act' and insert '118'. This is a drafting amendment. It replaces an obsolete reference to section...
Amendment made: No. 216, in page 75, line 6, leave out '(7)' and insert '(8)'.—[Mr. Foulkes.] Clause 121, as amended, ordered to stand part of the Bill.
I beg to move Government amendment No. 217, in clause 122, page 75, line 33, leave out 'in respect of which the order is made' and insert 'which falls within subsection (4A)'.
I beg to move amendment No. 226, in page 76, line 14, leave out paragraph (b).
Amendment made: No. 229, in page 77, line 3, leave out 'having an interest' and insert 'affected by the order'.—[Mr. Foulkes.]
I beg to move amendment No. 230, in page 77, line 17, leave out from ''order'' to end of line 18. Amendment No. 230 is similar to amendment No. 226. It is a drafting amendment that removes...
I beg to move amendment No. 231, in page 78, line 36, leave out subsections (5) to (7).
Amendments made: No. 233, in page 79, line 21, at end insert— '(3A) An appointment of an administrator may be made subject to conditions or exceptions.'. No. 234, in page 79, line 23,...
Amendments made: No. 241, in page 80, line 20, after 'property', insert '(the management administrator)'. No. 242, in page 80, line 22, leave out 'first mentioned' and insert 'management'. ...
Amendments made: No. 245, in page 80, line 31, leave out '127 or'. No. 246, in page 80, line 35, leave out '127 or'. No. 247, in page 81, line 17, at end insert— '(6A) The...
Amendment made: No. 249, in page 83, line 12, leave out 'realised' and insert 'sold'.—[Mr. Foulkes.] Clause 134, as amended, ordered to stand part of the Bill. Clause 135 ordered to...
Amendment made: No. 250, in page 84, line 1, leave out paragraph (c).—[Mr. Foulkes.] Clause 136, as amended, ordered to stand part of the Bill. Clause 137 ordered to stand part of the Bill
Amendments made: No. 268, in page 260, line 22, at end insert— '(15A) An administrator may— (a) enter any premises; (b) search for or inspect anything authorised by the court; ...
Amendment made: No. 304, in page 84, line 9, leave out '127 or'.—[Mr. Foulkes.] Clause 138, as amended, ordered to stand part of the Bill.
I beg to move amendment No. 251, in page 84, line 37, leave out 'any' and insert 'the'.
I beg to move amendment No. 253, in page 88, line 8, leave out 'there are' and insert 'his particular criminal conduct consists of'.
Amendment made: No. 257, in page 88, line 37, after 'time' insert 'ignoring any charging order under a provision listed in subsection (3A). (3A) The provisions are— (a) section 9 of...
I beg to move amendment No. 258, in page 89, line 28, leave out subsections (3) and (4). Clause 147 deals with the value of tainted gifts. The amendment will delete subsections (3) and (4)...
I beg to move amendment No. 259, in page 90, line 9, leave out subsection (2). With some trepidation, I say to the Committee that the amendment is designed to simplify the definition of...
I beg to move amendment No. 260, in page 90, line 31, leave out paragraph (f) and insert— '(f) references to an interest, in relation to land in England, Wales or Northern Ireland, are to...
Amendments made: No. 261, in page 91, line 29, after 'satisfied', insert 'or discharged'. No. 262, in page 91, line 32, leave out 'person who made the application' and insert...
I beg to move amendment No. 263, in page 92, line 19, leave out paragraph (b).
Amendments made: No. 265, in page 92, line 44, leave out '(11)' and insert '(12)'. No. 266, in page 93, line 8, leave out '(10)' and insert '(11)'. Clause 156, as amended, ordered to stand...
Question proposed, That the clause stand part of the Bill.
'(1) If a restraint order is in force a constable may seize any realisable property to which it applies to prevent its removal from Scotland. (2) Property seized under subsection (1) must be...
'(1) The prosecutor and any other person affected by an order made under section 127 or 129 may apply to the court to vary or recall the order. (2) On an application under this section the...
'(1) If on an application for an order under section 127 or 129 the court decides not to make one, the prosecutor may appeal to the Court of Session against the decision. (2) If the court makes...
'A confiscation order must be made before the court sentences the accused for the offence (or any of the offences) concerned.'.—[Mr. Foulkes.] Brought up, read the First and Second time,...
(1) This section applies if— (a) a court has made a confiscation order, (b) the prosecutor applies to the court to discharge the order under this section, and (c) the amount remaining...
[Mr. Roger Gale in the Chair]
I beg to move amendment No. 368, in page 93, line 38, after 'lifestyle', insert— ', or is or has been a member of any terrorist or paramilitary organisation'.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 119, in page 97, line 3, at end add— '(6) An order under subsection (4)— (a) may be made after the end of the specified perid, but (b) must not be made...
Amendment made: No. 120, in page 97, line 9, at end insert— '(2A) For the purposes of this section no amount is required to be paid under a confiscation order if— (a) an...
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 121, in page 112, line 22, leave out subsection (11).
Question proposed, That the clause stand part of the Bill.
Amendments made: No. 122, in page 120, line 34, leave out from 'property' to end of line 35. No. 123, in page 120, line 39, leave out 'sell' and insert 'realise'. No. 124, in page 121, line...
Amendments made: No. 126, in page 122, line 14, leave out from 'property' to end of line 15. No. 127, in page 123, line 16, at end insert— '(8A) The court may order that a power...
Amendment made: No. 128, in page 123, line 28, leave out subsection (2) and insert— '(2) But this section does not apply if— (a) the confiscation order was made by the Court of...
Amendments made: No. 129, in page 124, line 9, leave out from 'property' to end of line 10. No. 130, in page 125, line 9, at end insert— '(8A) The court may order that a power conferred...
Amendments made: No. 131, in page 131, line 3, at end insert— '(3A) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his...
Amendment made: No. 133, in page 141, line 23, leave out from 'security' to end of line 24.—[Mr. Ainsworth.] Clause 235, as amended, ordered to stand part of the Bill. Clauses 236 to...
[Mr. John McWilliam in the Chair]
I beg to move amendment No. 365, in page 145, line 8, after 'property', insert 'to the value at least £10,000'. We now come to a completely new part of the Bill, which contains some of its...
I beg to move amendment No. 308, in page 145, line 26, after 'court', insert 'or sheriff'. This is a minor amendment that will remedy a defect in the drafting of subsection (3). The clause...
[Mr. Roger Gale in the Chair]
Amendment proposed [11 December]: No. 366, in page 145, line 26, to leave out the words 'on a balance of probabilities', and to insert the words 'to the standard applicable in civil...
I beg to move amendment No. 380, in page 145, line 31, leave out '(whether his own conduct or another's)'.
I beg to move amendment No. 382, in page 146, line 7, at end insert— '(1A) All proceedings for a recovery order in the High Court shall take place in chambers.'.
[Mr. Bill O'Brien in the Chair]
Amendment proposed [this day]: No. 382, in page 146, line 7, at end insert— '(1A) All proceedings for a recovery order in the High Court shall take place in chambers.'.—[Mr....
I beg to move amendment No. 354, in page 147, line 1, leave out paragraph (e). This is a probing amendment. The explanatory notes offer the example that where a painting is recoverable property,...
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 349, in page 148, line 7, leave out subsection (3).
I beg to move amendment No. 358, in page 262, line 18, leave out subparagraph (2). Schedule 3 defines the powers of the interim receiver or administrator. A number of points arise from that....
[Mr. John McWilliam in the Chair]
Powers of interim receiver or administrator
[Mr. Stephen McCabe in the Chair]
I beg to move amendment No. 351, in page 149, line 2, leave out 'must' and insert 'may'.
[Mr. Roger Gale in the Chair]
Good afternoon, ladies and gentlemen. Your festivities can start at 7 o'clock. However, before then we have quite a few clauses to get through.
I beg to move amendment No. 357, in page 149, line 32, after 'receiver', insert 'and any other affected party'. The clause imposes ''Restriction on proceedings and remedies''. Subsection (1)...
I beg to move amendment No. 384, in page 150, line 3, leave out from 'that' to the end of line 5 and insert 'it is just so to do'. The clause deals with the exclusion of property that is not...
Amendment made: No. 406, in page 152, line 34, leave out 'in relation to recoverable property'.—[Mr. Bob Ainsworth.] Clause 263, as amended, ordered to stand part of the Bill. Clauses...
I beg to move amendment No. 407, in page 153, line 34, leave out 'receiving' and insert 'administration'. This is a purely drafting amendment. It is designed to ensure that the correct Scottish...
I beg to move amendment No. 389, in page 154, line 3, leave out 'may' and insert 'must'.
Question proposed, That the clause stand part of the Bill.
Question proposed, That this schedule be the Fourth schedule to the Bill.
I beg to move amendment No. 395, page 156, line 6, at end insert 'and the time for making such payment may be postponed by agreement between the enforcement authority and the excepted joint...
I beg to move amendment No. 315, in page 157, line 27, leave out 'and' and insert 'to'.
Amendments made: No. 316, in page 159, line 38, leave out '275' and insert '272'. No. 317, in page 159, line 39, after first 'and', insert 'and sections 273 to 275 apply to such an order only...
I beg to move amendment No. 404, in page 161, line 18, at end insert— '(c)Any item of property representing the original property shall be known as related property.'.
I beg to move amendment No. 318, in page 161, line 41, at end insert 'or which he obtained in pursuance of a recovery order'.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 399, in page 162, line 22, leave out subsections (1), (2) and (3). Who are the categories of individuals in respect of whom it is envisaged that the Secretary of...
I beg to move amendment No. 400, in page 163, line 16, at end insert— ''(1A)If any other person has suffered loss or damage as a result of an interim receiver or interim administrator...
Amendments made: No. 345, in page 163, line 42, leave out 'the High Court' and insert 'courts'. No. 346, in page 163, line 43, leave out 'Chapter' and insert 'Part'. No. 347, in page 164,...
[Mr. Roger Gale in the Chair]
I beg to move amendment No. 449, in page 167, line 7, leave out from 'property' to 'and' in line 8.
I beg to move amendment No. 452, in page 168, line 3, leave out from 'approval' to end of line 4.
I beg to move amendment No. 324, in page 169, line 2, leave out from 'exercised' to end of line 3 and insert 'in cases where the customs officer or constable who exercised them is required to...
I beg to move amendment No. 453, in page 169, line 26, leave out subsection (6).
[Mr. Bill O'Brien in the Chair]
I beg to move amendment No. 325, in page 170, line 14, at end insert— '(1A) A customs officer or constable may also seize cash part of which he has reasonable grounds for suspecting to...
I beg to move amendment No. 456, in page 170, line 24, leave out 'three months' and insert 'one month'.
Amendment made: No. 446, in page 171, line 17, at end insert— '( ) In the case of cash detained under section 294 which was seized under section 293(1A), the customs officer or constable...
I beg to move amendment No. 458, in page 171, line 25, after 'seized', insert 'or by a person claiming ownership of the cash and without objection from the person from whom the cash was seized'.
[Mr. John McWilliam in the Chair]
Amendment proposed [this day]: No. 458, in page 171, line 25 after 'seized', insert 'or by a person claiming ownership of the cash and without objection from the person from whom the cash was...
Amendment made: No. 333, page 172, line 16, leave out subsections (4) and (5).—[Mr. Bob Ainsworth.]
I beg to move amendment No. 335, in page 173, line 20, leave out subsections (2) and (3) and insert— '(1A) If, for any period after the initial detention of the cash for 48 hours, the cash...
I beg to move amendment No. 462, in page 174, line 3, leave out from 'is' to end of line 5 and insert '£10,000'. This is a probing amendment to give the Minister an opportunity to put on...
I beg to move amendment No. 337, in page 174, line 17, leave out 'Property' and insert 'Recoverable property obtained through unlawful conduct'.
Amendments made: No. 338, in page 174, line 27, leave out 'the original property or of' and insert 'recoverable property, whether the original property or'. No. 339, in page 174, line 31,...
I beg to move amendment No. 470, in page 175, line 1, leave out subsection (3). To my mind, the clause is extremely simple. Subsection (1) states: ''Subsection (2) applies if a person's...
I beg to move amendment No. 471, in page 175, line 19, at end insert 'or property obtained through unlawful conduct'. This is the amendment to which I alluded earlier. It addresses the question...
I beg to move amendment No. 473, in page 176, line 45, leave out subsection (2). Here we go again, Mr. McWilliam. Clause 307(1) states: ''If a person grants an interest in his recoverable...
I beg to move amendment No. 463, in page 177, line 23, after 'under', insert 'section 2 of the 1985 Act,'.
Question proposed, That the clause stand part of the Bill.
Amendment made: No. 340, in page 178, line 25, at end insert 'or (7)'.—[Mr. Bob Ainsworth.]
'(1) This section applies where recoverable property to which proceedings under this Chapter relate includes rights under a pension scheme. (2) A recovery order made by virtue of section...
'(1) A person who claims that any cash detained under section 294, or any part of it, belongs to him may apply to a magistrates' court or (in Scotland) the sheriff for the cash or part to be...
[Mr. Bill O'Brien in the Chair]
I beg to move amendment No. 421, in page 180, line 10, leave out 'criminal' and insert 'unlawful'.
I beg to move amendment No. 477, in page 181, line 32, leave out subsection (1). This is one of the most important issues that we shall discuss this morning. The clause, more than anything else,...
[Mr. Bill O'Brien in the Chair]
Amendment proposed [this day]: No. 477, in page 181, line 32, leave out subsection (1). Question again proposed, That the amendment be made.
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 480, in page 183, line 35, leave out paragraph (e).
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 484, in page 185, line 13, at end insert— '(1A) Nothing in this section may be construed to permit investigation of matters which do not constitute offences...
[Mr. Bill O'Brien in the Chair]
I beg to move amendment No. 426, in page 186, line 11, after 'he', insert 'knowingly'.
[Mr. John McWilliam in the Chair]
Amendment proposed [this day]: No. 426, in page 186, line 11, after 'he', insert 'knowingly'.—[Mr. Hawkins.] Question again proposed, That the amendment be made.
I beg to move amendment No. 518, in page 186, line 39, at end add— '(d) the amount of money involved in the arrangement or the value of the property does not exceed £1,000'.
[Mr. Bill O'Brien in the Chair]
Amendment proposed [17 January]: No. 518, in page 186, line 39, at end add— '(d) the amount of money involved in the arrangement or the value of the property does not exceed...
Amendment proposed: No. 428, in page 187, line 2, after 'he', insert 'knowingly'.—[Mr. Grieve.] Question put, That the amendment be made:— The Committee divided: Ayes 5, Noes 16.
I beg to move amendment No. 487, in page 187, line 27, leave out from 'suspects' to end of line 28.
[Mr. John McWilliam in the Chair]
Amendment proposed [this day]: No. 487, in page 187, line 27, leave out from 'suspects' to end of line 28.—[Mr. Grieve.] Question again proposed, That the amendment be made.
[Mr. Roger Gale in the Chair]
I beg to move amendment No. 97, in page 187, line 33, at end insert— 'and he was directly involved in the activities by virtue of which the business is regulated.'. The Committee will be...
[Mr. Bill O'Brien in the Chair]
Amendment proposed [this day]: No. 488, in page 187, line 40, after 'and', insert 'believes'.—[Mr. Grieve.] Question again proposed, That the amendment be made.
I beg to move amendment No. 515, in page 265, line 3, leave out from beginning to end of line 43 on page 266 and insert— 'Part 1 Regulated sector Business in the regulated sector 1...
Amendments made: No. 512, in page 189, line 19, leave out 'a business in the regulated sector' and insert— 'his trade, profession, business or employment'. No. 513, in page 189, line 33,...
I beg to move amendment No. 522, in page 190, line 2, leave out from 'act' to end of line 4. This is a probing amendment that is designed to allow us to discuss the mechanisms through which...
I beg to move amendment No. 509, in page 190, line 28, after 'an', insert— 'indictable'. This is another way of approaching the issue that we discussed under the de minimis clause. A...
I beg to move, That, in the Programming Order of the Committee of 13 November 2001, the Table be further amended as follows— (1) in the second column in respect of the 34th sitting by...
I shall keep my remarks brief. We have a marathon sitting to get through, even though the finishing post has been moved to 6 pm. I am grateful to the Minister and the Government Whip for the way...
I beg to move amendment No. 548, in page 193, line 17 leave out 'Circuit Judge' and insert 'judge of the Crown Court.'. I am so taken aback by the Minister's acceptance of amendment No. 547 that...
I beg to move amendment No. 549, in page 194, line 33, at end add— '(5) There must be reasonable grounds for believing that it is in the public interest having regard— (a) to the...
I beg to move amendment No. 290, in page 195, line 2, leave out 'may' and insert 'does'.
I beg to move amendment No. 551, in page 197, line 17, at end insert 'but that the material cannot at the time of making the application be particularised.'. The clause deals with search and...
Amendment made: No. 292, in page 199, line 7, after 'constable' insert 'or a customs officer'.—[Mr. Bob Ainsworth.] Clause 342, as amended, ordered to stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 556, in page 200, line 38, at end insert 'or a civil recovery investigation'.
[Mr. Roger Gale in the Chair]
Amendment proposed [this day]: No. 556, in page 200, line 38, at end insert— 'or a civil recovery investigation'.—[Mr. Grieve.] Question again proposed, That the amendment be made.
I beg to move amendment No. 552, in page 201, line 30, at end add— '(4) In deciding whether information which may be provided is of substantial value, the court must be satisfied that the...
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 553, in page 202, line 16, leave out paragraph (d). I refer to the explanatory notes, which recognise that As part of the Government's response to the judgment of...
Amendment proposed: No. 293, in page 203, line 27, leave out 'a senior' and insert 'an'.—[Mr. Bob Ainsworth.] Question put, That the amendment be made:— The Committee divided: Ayes...
Amendment made: No. 294, in page 206, line 36, leave out subsections (1) to (3).—[Mr. Bob Ainsworth.] Clause 357, as amended, ordered to stand part of the Bill.
Amendments made: No. 296, in page 207, line 16, leave out 'police officer' and insert 'constable'. No. 297, in page 207, line 18, leave out 'police officer' and insert 'constable'. No. 475,...
Amendment proposed: No. 298, in page 208, line 10, leave out 'application' and insert 'order'.—[Mr. Bob Ainsworth.] Question put, That the amendment be made:— The Committee divided:...
Amendment made: No. 299, in page 209, line 7, leave out subsections (2) to (4).—[Mr. Bob Ainsworth.] Clause 362, as amended, ordered to stand part of the Bill.
Amendment made: No. 300, in page 209, line 15, leave out subsections (1) to (3).—[Mr. Bob Ainsworth.] Motion made, and Question put, That clause 363, as amended, and clauses 364 to 366...
Amendments proposed: No. 526, in page 211, line 15, leave out subsection (3). No. 527, in page 211, line 21, at end insert— '(4A ) The application must also state that— (a) the...
Amendment proposed: No. 528, in page 212, line 3, at end insert— '(2A) There must be reasonable grounds for believing that the person the application specifies as appearing to be in...
Motion made, and Question put, That the clause stand part of the Bill:— The Committee divided: Ayes 14, Noes 1.
Amendments proposed: No. 529, in page 212, line 17, leave out 'may' and insert 'does'. No. 530, in page 212, line 18, after 'privilege' insert— ', except that a lawyer may be required to...
Amendments made: No. 531, in page 214, line 8, leave out subsection (3). No. 532, in page 214, line 27, leave out from beginning to 'may' in line 28 and insert— 'An application for a...
Amendment proposed: No. 533, in page 216, line 14, leave out 'constable' and insert 'proper person'.—[Mr. Bob Ainsworth.] Question put, That the amendment be made:— The Committee...
Amendment made: No. 534, in page 217, line 1, leave out subsection (3).—[Mr. Bob Ainsworth.] Clause 378, as amended, ordered to stand part of the Bill. Clauses 379 to 382 ordered to...
On a point of order, Mr. Gale. Opposition amendments cannot be voted on in this part of the proceedings, but the Minister has expressed his willingness to accept amendment No. 433. I seek...
Amendment made: No. 538, in page 219, line 36, leave out subsection (3).—[Mr. Bob Ainsworth.] Clause 384, as amended, ordered to stand part of the Bill. Clauses 385 to 388 ordered to...
Amendment made: No. 539, in page 223, line 2, leave out subsection (1).—[Mr. Bob Ainsworth.] Clause 389, as amended, ordered to stand part of the Bill. Clause 390 ordered to stand part...
Amendments made: No. 540, in page 223, line 34, leave out subsection (3). No. 541, in page 224, line 18, leave out 'application' and insert 'order'.—[Mr. Bob Ainsworth.] Clause 391, as...
Amendment made: No. 542, in page 225, line 13, leave out subsection (1).—[Mr. Bob Ainsworth.] Clause 394, as amended, ordered to stand part of the Bill. Clause 395 ordered to stand part...
Amendment made: No. 543, in page 226, line 6, at end insert— 'or to any other provision of this Act'.—[Mr. Bob Ainsworth.] Clause 396, as amended, ordered to stand part of the Bill.
Amendment proposed: No. 544, in page 226, leave out lines 16 to 24 and insert— ' ''legal privilege'' means protection in legal proceedings from disclosure, by virtue of any rule of law...
Amendment proposed: No. 545, in page 227, line 24, leave out 'but excluding a lease which is not a long lease'.—[Mr. Bob Ainsworth.] Question put, That the amendment be made:— The...
I beg to move amendment No. 563, in page 229, line 10, leave out from 'which' to end of line 11 and insert— 'an order under section 50 or 52 is in force;'.
Amendment made: No. 567, in page 230, line 8, at end insert— '(d) in a case where a confiscation order has been made under section 6 or 158 of this Act, any sums remaining in the hands of...
Amendments made: No. 568, in page 231, line 27, leave out from 'which' to end of line 28 and insert— 'an order under section 50 or 52 is in force;'. No. 569, in page 231, leave out lines...
Amendment made: No. 572, in page 232, line 24, at end insert— '(d) in a case where a confiscation order has been made under section 6 or 158 of this Act, any sums remaining in the hands of...
I beg to move amendment No. 593, in page 232, line 42, after 'under' insert 'the Bankruptcy Act 1621 (c. 18) or'
Amendments made: No. 573, in page 233, line 42, leave out from 'which' to end of line 43 and insert— 'an order under section 50 or 52 is in force;'. No. 574, in page 234, leave out lines...
Amendment made: No. 577, in page 234, line 40, at end insert— '(d) in a case where a confiscation order has been made under section 6 or 158 of this Act, any sums remaining in the hands of...
Amendments made: No. 578, in page 236, line 20, leave out from 'which' to end of line 21 and insert— 'an order under section 50 or 52 is in force;'. No. 579, in page 236, leave out lines...
Amendment made: No. 597, in page 237, line 43, after 'alienations)' insert ', or otherwise.'—[Mr. Bob Ainsworth.] Clause 412, as amended, ordered to stand part of the Bill.
Amendments made: No. 582, in page 238, line 36, leave out from 'which' to end of line 37 and insert— 'an order under section 50 or 52 is in force;'. No. 583, in page 238, leave out lines...
Amendments made: No. 586, in page 240, line 40, leave out from 'which' to end of line 41 and insert— 'an order under section 50 or 52 is in force;'. No. 587, in page 240, leave out lines...
Mr. Ainsworth rose—
[Mr. Roger Gale in the Chair]
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 625, in page 244, line 16, at beginning insert— 'Except as provided for in subsection (3) below,'.
[Mr. John McWilliam in the Chair]
Amendment proposed [this day]: No. 606, in page 245, line 1, leave out subsection (9). -- [Mr. Grieve.] Question again proposed, That the amendment be made.
Amendment proposed: No. 607, in page 245, line 17, leave out paragraph (b).--[Mr. Grieve.] Question put, That the amendment be made:-- The Committee divided: Ayes 6, Noes 15.
I beg to move amendment No. 609, in page 245, line 37, leave out paragraph (a).
[Mr. Roger Gale in the Chair]
I beg to move amendment No. 640, in page 249, line 37, leave out subsection (4). We now come to part 11, which is about co-operation, and deals with several important provisions that the...
I beg to move amendment No. 641, in page 249, line 43, at end insert— 'from a designated country'.
I beg to move amendment No. 642, in page 250, line 27, leave out paragraph (b). In this clause, further provision is made for external investigations. Subsection (1) states: Her Majesty may be...
I beg to move amendment No. 301, in page 251, line 16, at end insert— '(4A) Property is obtained by a person if he obtains an interest in it. (4B) References to an interest, in relation...
[Mr. John McWilliam in the Chair]
Question proposed, That the clause stand part of the Bill. Mr. Dominic Grieve (Beaconsfield) rose—
I beg to move amendment No. 650, in page 267, line 12, leave out from '203' to end of line 15 on page 269 and insert— '(d) an interim receiver appointed under section 251; (e) an interim...
I beg to move amendment No. 618, in page 252, line 14, after 'officer', insert ', unless the reason for his removal or discharge is connected with these proceedings.'. May I clear up a point...
I beg to move amendment No. 645, in page 253, line 4, leave out subsection (3).
Question proposed, That the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 657, in page 270, line 15, after '88' insert ', 154'.
I beg to move amendment No. 678, in page 282, line 38, column 2, at end insert— 'Section 14. In Schedule 4, paragraph 1.'.
I do not have time to move amendment No. 649, in page 254, line 12, leave out subsection (4) to (6) and insert— '(4) No order (other than one falling to be made by a court) or regulations...
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