Clause 100 - International co-operation

Serious Organised Crime and Police Bill – in a Public Bill Committee at 5:00 pm on 13 January 2005.

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Amendment made: No. 35, in clause 100, page 66, line 39, leave out

'In section 447(3) of the Proceeds of Crime Act 2002'

and insert—

'( ) Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as follows.

( ) In section 444 (external requests and orders), for subsection (3)(a) (Order under the section may include provision about the functions of the Secretary of State, the Lord Advocate, the Scottish Ministers and the Director of the Assets Recovery Agency) substitute—

''(a) provision about the functions of any of the listed persons in relation to external requests and orders;''.

( ) In that section, after subsection (3) insert—

''(4) For the purposes of subsection (3)(a) ''the listed persons'' are—

(a) the Secretary of State;

(b) the Lord Advocate;

(c) the Scottish Ministers;

(d) the Director;

(e) the Director of Public Prosecutions;

(f) the Director of Public Prosecutions for Northern Ireland;

(g) the Director of the Serious Fraud Office; and

(h) the Director of Revenue and Customs Prosecutions.''

( ) In section 447(3)'.—[Caroline Flint.]

Question proposed, That the clause, as amended, stand part of the Bill.

Photo of Paul Farrelly Paul Farrelly Labour, Newcastle-under-Lyme

Just before we leave part 2 and the Government amendment, I wanted to mention that one capability is omitted from part 2 that has played a vital role in dismantling organised crime syndicates around the world, not least the Mafia in the United States. It is the power to use wire-tap evidence in court. I do not want to detain the Committee, but I do not know whether legislation is needed for wire-tap evidence to be admissible in court. Could the Minister pay some serious attention to that and perhaps write to me?

Photo of Andrew Mitchell Andrew Mitchell Shadow Minister (Home Affairs)

If the hon. Gentleman looks carefully, he will find new clause 12. It is a permissive clause that seeks to do precisely what he suggests, but we have not yet reached that point in the Bill. If he can contain himself until Tuesday morning, he may have the opportunity to enter into a most interesting debate.

Photo of Paul Farrelly Paul Farrelly Labour, Newcastle-under-Lyme

I am grateful to the hon. Gentleman. I shall contain myself and will not ask the Minister to write to me on that matter at the moment.

Question put and agreed to.

Clause 100, as amended, ordered to stand part of the Bill.

Further consideration adjourned.—[Mr. Heppell.]

Adjourned accordingly at one minute past Five o'clock till Tuesday 18 January at ten minutes past Nine o'clock.