Results 61–80 of 1125 for speaker:Claire Ward

Public Bill Committee: Bribery Bill [Lords]: Clause 15 (18 Mar 2010)

Claire Ward: Clause 15 includes technical provisions to deal with proceedings for an offence under clause 7 against a partnership. Under subsection (1), such proceedings must be brought in the name of the partnership  and not the partners. Subsection (2) provides that certain provisions have effect for a partnership, as they do for a body corporate: namely, the rules of court relating to the service of...

Public Bill Committee: Bribery Bill [Lords]: Clause 15 (18 Mar 2010)

Claire Ward: My understanding is that they cannot.

Public Bill Committee: Bribery Bill [Lords]: Clause 15 (18 Mar 2010)

Claire Ward: My understanding is that partners cannot be prosecuted on that basis.

Public Bill Committee: Bribery Bill [Lords]: Clause 15 (18 Mar 2010)

Claire Ward: The hon. Gentleman is seeking, I think, clarification on whether partners can be brought in under clause 14.

Public Bill Committee: Bribery Bill [Lords]: Clause 15 (18 Mar 2010)

Claire Ward: My understanding is that they cannot. However, should any further clarification be required, I am happy to write to the hon. Gentleman.

Public Bill Committee: Bribery Bill [Lords]: Clause 15 (18 Mar 2010)

Claire Ward: I am not in a position to provide any further clarification at this stage. Should any further information be required, I am happy to write to the hon. Gentleman.

Public Bill Committee: Bribery Bill [Lords]: Clause 15 (18 Mar 2010)

Claire Ward: We are discussing the difference between debts and criminal liability in relation to a partnership. Regarding subsection (3), any fine should be paid out of the partnership assets, and that is not unusual in other legislation. I am happy to reflect on the issues raised by the hon. Members for North-East Hertfordshire and for Huntingdon, and to write to them in due course.

Public Bill Committee: Bribery Bill [Lords]: Clause 19 (18 Mar 2010)

Claire Ward: The reform of the law on bribery and the commencement is a devolved matter in Scotland. Accordingly, the extension of the Bill to that jurisdiction is subject to the Scottish Parliament passing the necessary legislative consent motion. I understand that the Scottish Justice Minister tabled such a motion on 11 February, and it has subsequently been passed. Clause 19 covers commencement and the...

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: After listening to the hon. Gentleman, never have I thought the phrase “Johnny-come-lately” was more apt and appropriate. He is telling the Committee his views on the amendment to clause 10, which we debated on Tuesday evening, because he has had the opportunity—some seven days later—to discuss the matter with his colleagues in the Lords. It seems that, despite the view...

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: Of course, prosecutors would have considered carefully before deciding whether to proceed with the case, but the fact that an authorisation could have been made available, but was not, would not make the case any clearer. In fact, it would make it much more difficult. Why would they proceed with the activity that was, in effect, bribery when they could have had an authorisation, but did not,...

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: I think the hon. Gentleman misunderstands the concept of authorisation in relation to the security services. He is right in a sense, that there would need to be procedures in place for such an activity under the amendments that we made to clause 10 in relation to the use of the defence. The Secretary of State will need to be of the view that those procedures are satisfactory. But that is...

Public Bill Committee: Bribery Bill [Lords]: Clause 14 (18 Mar 2010)

Claire Ward: Who has asked the hon. Gentleman to seek clarity on the matter?

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: I am seeking to make the policy behind the amendment as clear as possible. As the hon. Gentleman will know, it is always helpful not just for Members of the House but, in due course, for prosecuting authorities and courts if we are absolutely clear about the intention behind any such amendments.

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: Essentially, someone has the defence if their conduct is necessary. If it is necessary for them to pay a bribe the clause provides that it is treated as necessary for the receiver to receive the bribe. That is the intention behind the amendment. As I am sure Opposition Members will know, the recruitment of agents in highly sensitive positions is not assisted where there is no assurance that...

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: Through this amendment, the hon. Member for Cambridge is seeking an assurance that the defence in clause 13, particularly as it applies to the armed forces, cannot be used to sanction bribery in the context of defence contracts for weapons or other military equipment. I can indeed give him the assurance that he seeks. The first point to make is that a relevant bribery offence for the purpose...

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: It is good to have you back in the Chair, Ms Walley. We return to the defence provided under clause 13, and specifically the application of that defence to the functions of the intelligence services. As hon. Members will be aware, Parliament has conferred statutory functions on the Security Service relating to national security, economic well-being and acting in support of law enforcement...

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: I beg to move amendment 31, in clause 13, page 9, line 7, at end insert— ‘(1D) For the purposes of this section, the circumstances in which a person’s conduct is necessary for a purpose falling within subsection (1)(a) or (b) are to be treated as including any circumstances in which the person’s conduct— (a) would otherwise be an offence under section 2, and (b)...

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: The amendments address the question of whether the offence under clause 2 of requesting, agreeing to receive or accepting a bribe should be a relevant bribery offence for the purpose of clause 13 and therefore come within the scope of the defence. We believe that it should, but I accept that there is a need to clarify the matter. To that end, I have tabled amendment 31. In explaining why we...

Public Bill Committee: Bribery Bill [Lords]: Clause 13 (18 Mar 2010)

Claire Ward: As I have said, the Government amendment makes it clear that when a person receives a payment from a member of one of the intelligence services—amounting to an offence under clause 1—and the payment is in pursuit of any of their statutory functions, provided that the defence is available to the officer making the payment, it will also be available to the individual receiving the...

Public Bill Committee: Bribery Bill [Lords]: Clause 11 (18 Mar 2010)

Claire Ward: The discussions are ongoing and take account of the views of other Government Departments. There are also different views in Europe about how article 45 is applied, so it is important that we get the decision right. I will now deal with the financial effects of the Bill. I draw hon. Members’ attention to the explanatory notes, which state that the Bill’s provisions “would...


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