Proceeds of Crime Bill – in a Public Bill Committee at 11:00 am on 6 December 2001.
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 would be a serious risk of injustice if a required assumption were made, include information he believes is relevant in connection with deciding whether it should not be made.'.—[Mr. Foulkes.]
Mr Bill O'Brien
Labour, Normanton
With this it will be convenient to take the following: Government amendments Nos. 164 and 165.
Clause stand part.
Mr George Foulkes
Minister of State, Scottish Office, Minister of State (Scotland Office)
Amendment No. 163 is a paving amendment. Amendment No. 164 is designed to ensure that the court will always have before it an up-to-date statement of the prosecutor's position. It places a requirement on the prosecutor to give the court a further statement of information if the court orders him to do so, and within the period that the court orders. Amendment No. 165 is a purely drafting amendment to delete superfluous subsections (6) to (9) of Clause 104, as the provisions are already contained in clause 99(6) to (9).
Dominic Grieve
Shadow Minister (Home Affairs)
This is a small point. The Minister will remember that when we were discussing the procedure in respect of England and Wales, the Opposition expressed slight concern about the duties appearing to be to supply information to the court and not necessarily to the defendant and vice versa. We had some disagreement on that. I am not familiar with what one would expect in relation to Scots procedure, which is why I am so cautious, but I would like reassurance that the provision of supplying information to the court also includes supplying information to the other party, and does not need to be spelled out expressly.
Mr George Foulkes
Minister of State, Scottish Office, Minister of State (Scotland Office)
I cannot immediately answer that question, but I shall undertake to do so. I understand that the hon. Gentleman is right. If I am wrong about that, I shall let him know. However, without a brief—
David Wilshire
Conservative, Spelthorne
I am always nervous when Ministers are without briefs. On this occasion, however, the Minister appears to have found a copy.
Mr George Foulkes
Minister of State, Scottish Office, Minister of State (Scotland Office)
I assure the hon. Gentlemen that the prosecutor's statement will always be given to the accused.
Amendment agreed to.
Amendments made: No. 164, in page 62, line 21, at end insert—
'(b) he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders'.
No. 165, in page 62, line 22, leave out subsections (6) to (9).—[Mr. Foulkes.]
Clause 104, as amended, ordered to stand part of the Bill.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
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