Schedule 9 - Repeals and revocations

Proceeds of Crime Bill – in a Public Bill Committee at 6:30 pm on 5 February 2002.

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Photo of Mr John McWilliam Mr John McWilliam Labour, Blaydon

With this we may consider the

following amendments: No. 440, in page 283, line 27, at end insert—

'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), Part V'.

Government amendments Nos. 679 and 680.

Amendment. No. 441 in page 283, line 30, at end insert—

'Proceeds of Crime (Scotland) Act 1995 (c. 43), Parts I, III, IV, V, Schedules 1 and 2'.

Government amendments Nos. 681 to 683.

Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office)

The purpose of this group of amendments is to repeal provisions in existing legislation that are made redundant by the provisions of the Bill.

I am happy to say to the hon. Member for Surrey Heath and his colleagues that the Government will accept amendment No. 440, without their having to speak to it.

Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office)

My hon. Friend is right: we will accept that amendment only on condition that they do not speak to it.

Photo of David Wilshire David Wilshire Conservative, Spelthorne

Will that principle apply if we do not speak to the other amendments?

Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office)

That is an enticing offer, and we shall carefully consider it.

Amendment No. 440 will repeal part V of the Criminal Law (Consolidation) (Scotland) Act 1995, which makes provision for production orders in respect of drugs investigations, and sets out money laundering offences. They will be redundant, as they will be replaced by parts 7 and 8 of the Bill.

However, I cannot accept amendment No. 441.

Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath

The Minister cannot accept it because Government amendment No. 680 deals with the same point. I have correctly anticipated him on that, and in that regard I can be as generous to him as he has been to me.

Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office)

Goodness me. I would like the Committee to continue for another 39 sittings if the proceedings were to be carried on in this manner. It is clear that the hon. Gentleman will not press amendment No. 441 to a vote.

The other Government amendments repeal provisions that the Bill will make redundant. As this is the final sitting, while speaking to the amendments, I also wish to pay tribute to my hon. Friend the Under-Secretary. He has shouldered more than his fair share of the great burden of steering the Bill through the Committee. He has done a splendid job. I hope that that does not sound patronising, but I am a little older than him, and I have been a Member of Parliament for longer than him, so perhaps I am allowed to sound a bit patronising. I have sat on many Committees, and I have never witnessed a Minister pilot a Bill with such skill and good humour, and in such an efficient and effective way.

Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath

I reassure the Minister that I shall not speak to amendment No. 440, as he has kindly

accepted it. I accept his reason for not accepting amendment No. 441. I must put it on the record that once again we are indebted to the Law Society of Scotland. I understand that Government amendment No. 680 deals with the same point as amendment No. 441, but goes further.

We have had a couple of Grieve amendments and at least one Hawkins amendment. We welcome the Minister's generosity and echo his tributes to the Under-Secretary, the hon. Member for Coventry, North-East (Mr. Ainsworth). I used to live in the neighbouring constituency, so I should remember the parliamentary boundaries in Coventry. I did not wish to mention this earlier for fear of being accused by the hon. Member for Glasgow, Pollok of being another cattle rustler, but my grandmother came from Scotland. She was an Ogilvie from Dundee. Perhaps this could be the Ogilvie amendment.

Sitting suspended for a Division in the House.

On resuming—

Amendment agreed to.

Amendments made: No. 679, in page 283, line 27, at end insert—

'Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

In Schedule 3, paragraphs 4(2) and 69.'.

No. 440, in page 283, line 27, at end insert—

'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), Part V'.

No. 680, in page 283, line 30, at end insert—

'Proceeds of Crime (Scotland) Act 1995 (c. 43)

Part I, except section 2(7).

In section 28, subsections (1)(a) and (2) and in subsection (5) the words ''(including a restraint order made under and within the meaning of the 1994 Act)''.

Section 29. In section 31, subsection (2), in subsection (4) the words ''or (2)''.

Sections 35 to 39. In section 40, subsections (1)(a), (2) and (4).

In section 42, subsections (1)(a) and (b).

In section 43, in subsection (1) the words ''confiscation order'', subsection (2).

Section 45(1)(a).

Section 47. In section 49, in subsection (1) the definitions of ''the 1988 Act'', ''the 1994 Act'' and ''confiscation order'' and subsection (4).

In Schedule 1, in paragraph 1, in sub-paragraph (1)(b) the words ''or a confiscation order'', in sub-paragraph (2)(a) the words ''subject to paragraph (b) below'', sub-paragraph (2)(b), in

sub-paragraph (3)(a)(i) the words ''or confiscation order''.

In Schedule 1, in paragraph 2, in sub-paragraph (1)(a) the words '', and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made'', paragraph 4, in paragraph 5(1) the words ''Part I of'', in paragraph 8(2) the words from '', unless in a case where a confiscation order has been'' to ''4(4)(b) above,''.

In Schedule 1, in paragraph 10(1) the words ''or the recipient of a gift caught by Part I of this Act or an implicative gift'', paragraphs 10(2) and (3), in paragraph 12(1)(a) the words ''paragraph (a) or (b) of section 4(1) or''.

In Schedule 2, in paragraph 1(2) the words ''and 35 to 38'', in paragraph 2(1) the words ''realisable or'', in paragraph 2(2) the words ''and 35 to 38'', paragraph 2(5), in paragraph 3(2) the words ''and 35 to 38'', paragraphs 3(4) and (5), in paragraph 4(2) the words ''and 35 to 38'', paragraph 6(2)(a).'.

No. 681, in page 284, line 14, at end insert—

'Crime and Punishment (Scotland) Act 1997 (c. 48)

Section 15(3).

In Schedule 1, paragraph 20.'.

No. 682, in page 284, line 15, at end insert—

'In Schedule 1, paragraphs 115 and 116.'.

No. 683, in page 284, line 26, leave out 'and 10' and insert—

', 10 and 11(2)'.—[Mr. Bob Ainsworth.]

Schedule 9, as amended, agreed to.

Clause 440 ordered to stand part of the Bill.