Clause 55 - Offences to which this Chapter applies

Part of Serious Organised Crime and Police Bill – in a Public Bill Committee at 9:10 am on 13 January 2005.

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Photo of David Heath David Heath Shadow Spokesperson (Home Affairs) 9:10, 13 January 2005

I am grateful for the support of the hon. Members for Beaconsfield (Mr. Grieve) and for Huntingdon (Mr. Djanogly) on this serious matter. I have listened carefully, and I have no objection to the Minister's stated intention. My problem lies in the fact that nothing in what she has said is inconsistent with the proviso that I propose to add to the Bill. She relies on the policy of the Director of Public Prosecutions remaining, or even being initiated, in the form that she requires. Although she says that she is referring only to cases of serious organised crime, that is not what the statute says. We have to rely on what the statute says, not on the intentions of Ministers when they propose measures.

I draw the Minister's attention to the list of offences in clause 55 to which the chapter applies. She said that those were serious cases. In most cases, they are serious offences, but let us not be foolish. For instance, the fraudulent evasion of duty under clause 55(1)(d) can deal with serious organised crime organising shiploads of cigarettes, but it can also apply to the cross-channel ferry driver and tourist who has come back with a little too much in his boot.