Clause 69 - Financial reporting orders: making

Part of Serious Organised Crime and Police Bill – in a Public Bill Committee at 2:30 pm on 13 January 2005.

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Photo of David Heath David Heath Shadow Spokesperson (Home Affairs) 2:30, 13 January 2005

Even if I thought that ''slagging off'' was a parliamentary term, I am sure that I would never have applied it to the hon. Gentleman, but I understand his point: a process of investigation of serious crime often starts from a small beginning. However, he must understand that the penalty for someone else's major offence cannot be imposed on a   minor offender. The person who, in his example, has inadvertently been trapped in a web of crime is the person who will be subject to a financial reporting order. That is where the proportionality issue arises. We may hear arguments from the Minister explaining why that should be, but I want him to consider whether, even in the instance suggested, the reporting order is appropriate to the level of criminality of the individual to whom it is applied.

That is the crux of the issue. We are not talking about Mr. Big making a report on his financial transactions, which would achieve exactly what the hon. Gentleman wants. We are talking about Mr. Little, who has been convicted of a minor crime, for which he may not even have received a custodial sentence, being required to fulfil the onerous responsibility of financial reporting on all his transactions for many years. We should think seriously about that when it concerns someone who has been convicted of a minor offence.