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Lord Kingsland: This time my intervention will be mercifully telegraphic. The Government have provided that in certain cases the authority may refuse access to particular material, for example, material subject to legal privilege and where access would be unfair. That is set out in the Government's notes under the heading "Access to Authority Material".

Earlier this evening I referred to the Rowe and Davis case in which judgment was handed down in February this year. In that case we see that even public interest immunity certificates cannot make the hearing fair if evidence is withheld. However, in two other cases involving the United Kingdom that were brought before the European Court of Human Rights--Jasper and Fitt--the court held that the hearing could be fair even if evidence was withheld under public interest immunity certificates provided that, as I understand it, the judge sees the evidence and the defence is told that evidence is being withheld and is given a summary of it.

Am I entitled to conclude that that is intended to happen if the authority holds back evidence? Will the authority notify the defendant that it is withholding

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evidence and give the reasons for doing so? As the Government understand it, is that the current position?

Lord McIntosh of Haringey: I believe that to be the case.

Lord Kingsland: I am much obliged.

On Question, amendment agreed to.

The Deputy Chairman of Committees (Lord Lyell): I have to inform the Committee that, if Amendment No. 275ZA is agreed to, I shall not be able to call Amendment No. 275A in the name of the noble Lord, Lord Kingsland, although I believe he has spoken to it already.

Lord Bach moved Amendments Nos. 275VA to 275ZA:


    Page 196, line 29, leave out subsection (2).


    Page 196, line 36, leave out ("or copied").


    Page 196, line 37, at end insert--


("( ) The Authority may extend the period specified in the notice.").
Page 196, line 39, leave out ("carry out its proposal") and insert ("give the person concerned a decision notice").


    Page 196, line 40, leave out subsection (5).

On Question, amendments agreed to.

Clause 375, as amended, agreed to.

Clause 376 [Decision notices]:

Lord McIntosh of Haringey moved Amendment No. 275B:


    Page 197, line 5, leave out (", or not to take,").

The noble Lord said: This amendment was debated with Amendment No. 274N. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 275C:


    Page 197, line 6, after ("relates") insert--


("( ) state whether section (Access to Authority material) applies; and
( ) if that section applies, describe its effect and state whether any secondary material exists to which the person concerned must be allowed access under it;").

On Question, amendment agreed to.

Lord Bach moved Amendments Nos. 275D and 275E:


    Page 197, line 10, at end insert--


("(1A) If the decision notice was preceded by a warning notice, the action to which the decision notice relates must be action under the same Part as the action proposed in the warning notice.").
Page 197, line 11, leave out subsections (2) and (3).

On Question, amendments agreed to.

Lord McIntosh of Haringey moved Amendment No. 275F:


    Page 197, line 36, leave out subsections (5) to (7).

30 Mar 2000 : Column 1035

On Question, amendment agreed to.

Lord Bach moved Amendment No. 275G:


    Page 198, line 6, at end insert--


("(8) The Authority may, before it takes the action to which a decision notice ("the original notice") relates, give the person concerned a further decision notice which relates to different action in respect of the same matter.
(9) The Authority may give a further decision notice as a result of subsection (8) only if the person to whom the original notice was given consents.
(10) If the person to whom a decision notice is given under subsection (8) had the right to refer the matter to which the original decision notice related to the Tribunal, he has that right as respects the decision notice under subsection (8).").

On Question, amendment agreed to.

Clause 376, as amended, agreed to.

Lord McIntosh of Haringey moved Amendment No. 275H:


    After Clause 376, insert the following new clause--

NOTICE OF DISCONTINUANCE

(" .--(1) If the Authority decides not to take--
(a) the action proposed in a warning notice, or
(b) the action to which a decision notice relates,
it must give a notice of discontinuance to the person to whom the warning notice or decision notice was given.
(2) But subsection (1) does not apply if the action proposed in a warning notice was the refusal of an application made by the person to whom the notice was given.
(3) A notice of discontinuance must identify the proceedings which are being discontinued.").

The noble Lord said: This amendment was spoken to with Amendment No. 241N. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 275J:


    After Clause 376, insert the following new clause--

FINAL NOTICE

(" .--(1) If the Authority has given a person a decision notice and the matter was not referred to the Tribunal within the period mentioned in section 124(1), the Authority must, on taking the action to which the decision notice relates, give the person concerned and any person to whom the decision notice was copied a final notice.
(2) If the Authority has given a person a decision notice and the matter was referred to the Tribunal, the Authority must, on taking action in accordance with any directions given by--
(a) the Tribunal, or
(b) the court under section 128,
give that person and any person to whom the decision notice was copied a final notice.
(3) A final notice about a statement must--
(a) set out the terms of the statement;
(b) give details of the manner in which, and the date on which, the statement will be published.
(4) A final notice about an order must--
(a) set out the terms of the order;
(b) state the date from which the order has effect.

30 Mar 2000 : Column 1036


(5) A final notice about a penalty must--
(a) state the amount of the penalty;
(b) state the manner in which, and the period within which, the penalty is to be paid;
(c) give details of the way in which the penalty will be recovered if it is not paid by the date stated in the notice.
(6) In any other case, the final notice must--
(a) give details of the action being taken;
(b) state the date on which the action is to be taken.
(7) The period stated under subsection (5)(b) may not be less than 14 days beginning with the date on which the final notice is given.
(8) If all or any of the amount of a penalty payable under a final notice is outstanding at the end of the period stated under subsection (5)(b), the Authority may recover the outstanding amount as a debt due to it.").

The noble Lord said: This amendment was spoken to with Amendment No. 241N. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 275K:


    After Clause 376, insert the following new clause--

PUBLICATION

(" .--(1) Neither the Authority nor a person to whom a warning notice or decision notice is given or copied may publish the notice or any details concerning it.
(2) A notice of discontinuance must state that, if the person to whom the notice is given consents, the Authority may publish such information as it considers appropriate about the matter to which the discontinued proceedings related.
(3) A copy of a notice of discontinuance must be accompanied by a statement that, if the person to whom the notice is copied consents, the Authority may publish such information as it considers appropriate about the matter to which the discontinued proceedings related, so far as relevant to that person.
(4) The Authority must publish such information about the matter to which a final notice relates as it considers appropriate.
(5) But the Authority may not publish information under this section if publication of it would, in its opinion, be unfair to the person with respect to whom the action was taken or prejudicial to the interests of consumers.
(6) Information is to be published under this section in such manner as the Authority considers appropriate.
(7) "Notice of discontinuance" means a notice given under section (Notice of discontinuance).
(8) "Consumers" means person who are consumers for the purposes of section 129.").

On Question, amendment agreed to.


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