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Clause 32

Part of Counter-Terrorism Bill – in a Public Bill Committee at 4:00 pm on 8th May 2008.

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Photo of Douglas Hogg Douglas Hogg Conservative, Sleaford and North Hykeham 4:00 pm, 8th May 2008

I was giving way. Even if the Minister is correct in his interpretation of subsection (2), he is not right in his interpretation of subsection (1). All that subsection (1) does is enable Mr. McNulty to claim to be the owner. It says nothing about the burden of proof or what the court has to determine before deciding whether or not the car should be forfeited. I am saying that there is insufficient protection built into that provision for the Mr. McNultys of the world. If the Minister thinks about the Proceeds of Crime Act 2002 or the point made by the hon. Member for Meirionnydd Nant Conwy about the Police (Property) Act 1997, he will know that there are criteria in other legislation that touch precisely on that matter.

I am perfectly willing to accept that the Minister, at this stage, is not in a position to say, “All right, the right hon. and learned Member is of course right”, but he is in a position to say that he will think seriously about the matter. I will be entirely reassured, because he is a perfectly sensible chap, if he will say that he will give the matter serious thought before Report, because I can tell him that we will.