Clause 111 - Inadequacy of available amount

Part of Proceeds of Crime Bill – in a Public Bill Committee at 11:15 am on 6 December 2001.

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Photo of Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs) 11:15, 6 December 2001

I hazard the suggestion—although I should be interested to hear from the Minister—that the Scottish system was very simple. As that system was discretionary, legislation did not spell out what the courts could do in the same detail as south of the border. It is interesting how ponderous the clauses have become now that the Minister has decided to move away from the discretionary system. He has had to amend clause 111 and introduce new clause 7—which my hon. Friends may need to consider—in order to set down rigorously what the court may do when carrying out a variation or discharge. The amendments show that if something is to be made mandatory, it is necessary to expend much more time, effort and words on it.