Proceeds of Crime Bill

[back to previous text]

Mr. Grieve: I just wanted to highlight that unfortunate state of affairs. The Drug Trafficking Act 1994 should not be allowed to survive in this ghostlike form. It has little purpose left. The sooner its remaining powers are removed to somewhere else, the better. Unfortunately, the statute book is littered with examples of remnant legislation. That is especially the case in the criminal law. We talk about the need to simplify the criminal law, but that is not helped when this sort of situation arises.

However, I accept the Minister's explanation that he can do nothing about it in this legislation, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: No. 669, in page 276, line 25, at end insert—

    'Proceeds of Crime (Scotland) Act 1995 (c. 43)

    (1) The Proceeds of Crime (Scotland) Act 1995 is amended as follows

    (2) The following provisions in the Act shall cease to have effect—

    (a) Part I, except section 2(7);

    (b) in section 28, subsections (1)(a) and (2) and in subsection (5) the words ''(including a restraint order made under and within the meaning of the 1994 Act)'';

    (c) section 29;

    (d) in section 31, subsection (2) and in subsection (4) the words ''or (2)'';

    (e) sections 35 to 39;

    (f) in section 40, subsections (1)(a), (2) and (4);

    (g) in section 42, subsections (1)(a) and (b);

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    (h) in section 43, in subsection (1) the words '', confiscation order'' and subsection (2);

    (i) in section 45, subsection (1)(a);

    (j) section 47;

    (k) in section 49, in subsection (1) the definitions of ''the 1988 Act'', ''the 1994 Act'' and ''confiscation order'' and subsection (4);

    (3) The following provisions in Schedule 1 to the Act shall cease to have effect—

    (a) in paragraph 1(1)(b) the words ''or a confiscation order'', in paragraph 1(2)(a) the words ''subject to paragraph (b) below'', paragraph 1(2)(b) and in paragraph 1(3)(a)(i) the words ''or confiscation order'';

    (b) in paragraph 2(1)(a) the words '', and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made'';

    (c) paragraph 4;

    (d) in paragraph 5(1) the words ''Part I of'';

    (e) in paragraph 8(2) the words '', unless in a case where a confiscation order has been made there are sums available to be applied in payment of it under paragraph 4(4)(b) above,'';

    (f) in paragraph 10(1) the words ''or the recipient of a gift caught by Part I of this Act or an implicative gift'' and paragraphs 10(2) and 10(3);

    (g) in paragraph 12(1)(a) the words ''paragraph (a) or (b) of section 4(1) or'';

    (4) The following provisions in Schedule 2 to the Act shall cease to have effect—

    (a) in paragraph 1(2) the words ''and 35 to 38'';

    (b) in paragraph 2, in sub-paragraph (1) the words ''realisable or'', in sub-paragraph (2) the words ''and 35 to 38'', sub-paragraph (5).

    (c) in paragraph 3(2) the words ''and 35 to 38'' and paragraphs 3(4) and (5);

    (d) in paragraph 4(2) the words ''and 35 to 38'';

    (e) paragraph 6(2)(a).

    (5) In section 28(9) (restraint orders) for ''Subsections (2)(a) and'' substitute ''Subsection''

    (6) In section 42 (enforcement) in subsections (2)(a), (c) and (d) for ''Part I,'' substitute ''Part''

    Criminal Procedure (Scotland) Act 1995 (c. 46)

    (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows

    (2) In section 109(1) (intimation of appeal) for ''section 10 of the Proceeds of Crime (Scotland) Act 1995 (postponed confiscation orders)'' substitute ''section 102 of the Proceeds of Crime Act 2002 (postponement)''

    (3) In section 205B(5) (minimum sentence for third drug trafficking offence) for the definition of ''drug trafficking offence'' substitute—

    '' ''drug trafficking offence'' means an offence which by virtue of section 88, 154 or 239 of the Proceeds of Crime Act 2002 is a drug trafficking offence for the purposes of Part 2, 3 or 4 of that Act;''

    (4) In section 219(8)(b) (fines: imprisonment for non-payment) for ''14(2) of the Proceeds of Crime (Scotland) Act 1995'' substitute ''120(2) of the Proceeds of Crime Act 2002''.'

No. 670, in page 279, line 16, at end insert—

    'Crime and Punishment (Scotland) Act 1997 (c. 48)

    The following provisions of the Crime and Punishment (Scotland) Act 1997 shall cease to have effect—

    (a) section 15(3),

    (b) in Schedule 1, paragraph 20.

    Crime and Disorder Act 1998 (c. 37)

    In Schedule 8 to the Crime and Disorder Act 1998 paragraphs 115 and 116 shall cease to have effect.'

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No. 651, in page 279, line 18, leave out 'In'.

No. 652, in page 279, line 19, leave out from 'Service)' to end of line.

No. 653, in page 279, leave out lines 21 to 24 and insert—

    '(2) In paragraph 2(2), after paragraph (d) insert ''or

    (e) under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,''and omit the ''or'' at the end of paragraph (c).'.

No. 654, in page 279, line 30, at end insert—

    '(4) After paragraph 2 insert—

    ''3 (1) These are the proceedings under the Proceeds of Crime Act 2002—

    (a) an application under section 43(3) to vary or discharge a restraint order or an order under section 42(7);

    (b) proceedings which relate to a direction under section 54(3) or 56(3) as to the distribution of funds in the hands of a receiver;

    (c) an application under section 62 relating to action taken or proposed to be taken by a receiver;

    (d) an application under section 63 to vary or discharge an order under any of sections 48 to 53 for the appointment of or conferring powers on a receiver;

    (e) an application under section 72 or 73 for the payment of compensation;

    (f) proceedings which relate to an order under section 297 for the forfeiture of cash;

    (g) an application under section 340(3), 351(3), 358(3) or 364(3) to vary or discharge certain orders made under Part 8.

    (2) But sub-paragraph (1) does not authorise the funding of the provision of services to a defendant (within the meaning of Part 1 of that Act) in relation to—

    (a) proceedings mentioned in paragraph (b);

    (b) an application under section 73 for the payment of compensation if the confiscation order was varied under section 30.''.'.

No. 671, in page 279, line 35, after '1994,' insert,

    'the Proceeds of Crime (Scotland) Act 1995 or'.

No. 672, in page 279, line 36, after '88' insert 'or 154'.

No. 673, in page 279, line 37, after '2' insert 'or 3'.

No. 674, in page 280, line 21, after '1988' insert—

    ', Part I of the Proceeds of Crime (Scotland) Act 1995'.

No. 675, in page 280, line 22, after '2' insert 'or 3'.

No. 676, in page 281, line 6, after '2' insert 'or 3'.

No. 677, in page 281, line 27, after 'privilege'')' insert '—

    (a) in subsection (1)(b) for the words ''33 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)'' substitute ''397 of the Proceeds of Crime Act 2002'';

    (b)'.—[Mr. Bob Ainsworth.]

Schedule 8, as amended, agreed to.

Clause 439 ordered to stand part of the Bill.

Schedule 9

Repeals and revocations

Mr. Foulkes: I beg to move amendment No. 678, in page 282, line 38, column 2, at end insert—

    'Section 14. In Schedule 4, paragraph 1.'.

The Chairman: With this we may consider the

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following amendments: No. 440, in page 283, line 27, at end insert—

    'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), Part V'.

Government amendments Nos. 679 and 680.

Amendment. No. 441 in page 283, line 30, at end insert—

    'Proceeds of Crime (Scotland) Act 1995 (c. 43), Parts I, III, IV, V, Schedules 1 and 2'.

Government amendments Nos. 681 to 683.

Mr. Foulkes: The purpose of this group of amendments is to repeal provisions in existing legislation that are made redundant by the provisions of the Bill.

I am happy to say to the hon. Member for Surrey Heath and his colleagues that the Government will accept amendment No. 440, without their having to speak to it.

Mr. Ainsworth: And if they do, we won't.

Mr. Foulkes: My hon. Friend is right: we will accept that amendment only on condition that they do not speak to it.

Mr. Wilshire: Will that principle apply if we do not speak to the other amendments?

Mr. Foulkes: That is an enticing offer, and we shall carefully consider it.

Amendment No. 440 will repeal part V of the Criminal Law (Consolidation) (Scotland) Act 1995, which makes provision for production orders in respect of drugs investigations, and sets out money laundering offences. They will be redundant, as they will be replaced by parts 7 and 8 of the Bill.

However, I cannot accept amendment No. 441.

Mr. Hawkins: The Minister cannot accept it because Government amendment No. 680 deals with the same point. I have correctly anticipated him on that, and in that regard I can be as generous to him as he has been to me.

Mr. Foulkes: Goodness me. I would like the Committee to continue for another 39 sittings if the proceedings were to be carried on in this manner. It is clear that the hon. Gentleman will not press amendment No. 441 to a vote.

The other Government amendments repeal provisions that the Bill will make redundant. As this is the final sitting, while speaking to the amendments, I also wish to pay tribute to my hon. Friend the Under-Secretary. He has shouldered more than his fair share of the great burden of steering the Bill through the Committee. He has done a splendid job. I hope that that does not sound patronising, but I am a little older than him, and I have been a Member of Parliament for longer than him, so perhaps I am allowed to sound a bit patronising. I have sat on many Committees, and I have never witnessed a Minister pilot a Bill with such skill and good humour, and in such an efficient and effective way.

Mr. Hawkins: I reassure the Minister that I shall not speak to amendment No. 440, as he has kindly

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accepted it. I accept his reason for not accepting amendment No. 441. I must put it on the record that once again we are indebted to the Law Society of Scotland. I understand that Government amendment No. 680 deals with the same point as amendment No. 441, but goes further.

We have had a couple of Grieve amendments and at least one Hawkins amendment. We welcome the Minister's generosity and echo his tributes to the Under-Secretary, the hon. Member for Coventry, North-East (Mr. Ainsworth). I used to live in the neighbouring constituency, so I should remember the parliamentary boundaries in Coventry. I did not wish to mention this earlier for fear of being accused by the hon. Member for Glasgow, Pollok of being another cattle rustler, but my grandmother came from Scotland. She was an Ogilvie from Dundee. Perhaps this could be the Ogilvie amendment.

6.40 pm

Sitting suspended for a Division in the House.

6.49 pm

On resuming—

Amendment agreed to.

Amendments made: No. 679, in page 283, line 27, at end insert—

    'Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

    In Schedule 3, paragraphs 4(2) and 69.'.

No. 440, in page 283, line 27, at end insert—

    'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), Part V'.

No. 680, in page 283, line 30, at end insert—

    'Proceeds of Crime (Scotland) Act 1995 (c. 43)

    Part I, except section 2(7).

    In section 28, subsections (1)(a) and (2) and in subsection (5) the words ''(including a restraint order made under and within the meaning of the 1994 Act)''.

    Section 29. In section 31, subsection (2), in subsection (4) the words ''or (2)''.

    Sections 35 to 39. In section 40, subsections (1)(a), (2) and (4).

    In section 42, subsections (1)(a) and (b).

    In section 43, in subsection (1) the words ''confiscation order'', subsection (2).

    Section 45(1)(a).

    Section 47. In section 49, in subsection (1) the definitions of ''the 1988 Act'', ''the 1994 Act'' and ''confiscation order'' and subsection (4).

    In Schedule 1, in paragraph 1, in sub-paragraph (1)(b) the words ''or a confiscation order'', in sub-paragraph (2)(a) the words ''subject to paragraph (b) below'', sub-paragraph (2)(b), in

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    sub-paragraph (3)(a)(i) the words ''or confiscation order''.

    In Schedule 1, in paragraph 2, in sub-paragraph (1)(a) the words '', and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made'', paragraph 4, in paragraph 5(1) the words ''Part I of'', in paragraph 8(2) the words from '', unless in a case where a confiscation order has been'' to ''4(4)(b) above,''.

    In Schedule 1, in paragraph 10(1) the words ''or the recipient of a gift caught by Part I of this Act or an implicative gift'', paragraphs 10(2) and (3), in paragraph 12(1)(a) the words ''paragraph (a) or (b) of section 4(1) or''.

    In Schedule 2, in paragraph 1(2) the words ''and 35 to 38'', in paragraph 2(1) the words ''realisable or'', in paragraph 2(2) the words ''and 35 to 38'', paragraph 2(5), in paragraph 3(2) the words ''and 35 to 38'', paragraphs 3(4) and (5), in paragraph 4(2) the words ''and 35 to 38'', paragraph 6(2)(a).'.

No. 681, in page 284, line 14, at end insert—

    'Crime and Punishment (Scotland) Act 1997 (c. 48)

    Section 15(3).

    In Schedule 1, paragraph 20.'.

No. 682, in page 284, line 15, at end insert—

    'In Schedule 1, paragraphs 115 and 116.'.

No. 683, in page 284, line 26, leave out 'and 10' and insert—

    ', 10 and 11(2)'.—[Mr. Bob Ainsworth.]

Schedule 9, as amended, agreed to.

Clause 440 ordered to stand part of the Bill.

 
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