Fraud Bill [Lords]

The hon. Member for Somerton and Frome (Mr. Heath) clearly set out his objections to the retention of the common law offence of conspiracy to defraud. His new clause addresses that in detail. As he said, there is no difference between us in respect of having this particular offence in common law for any longer than is strictly necessary; the difference between us is simply to do with approach, and how we get around to dealing with this matter. The general thrust of the Second Reading debate in the other place on 22 June 2005 was that the common law offence of conspiracy to defraud needs to go. Such great legal minds as those of Lord Lloyd of Berwick and my noble Friend Lord Kingsland, the shadow Lord Chancellor, carefully explained why it needed to go, not least because it led to a lack of clarity in the criminal law. If there is one thing that the criminal law should provide, it is clarity, so that those who might come within its reach know precisely what it is that they are liable to be held responsible for before they decide whether or not to do something. I do not think that, in the end, there is much difference in approach. Either one abolishes the offence now, or one adds a sunset clause to the Bill saying that it will be abolished after a certain period of time, or one accepts the Government’s word that they will genuinely and actively review the law over the next three years and report back to us. I suspect that once it has been considered how the new law has bedded in, a decision will be made that reflects the spirit of the debates in this House and the other place. I am prepared to accept the Government’s word, for present purposes, and I urge the hon. Member for Somerton and Frome to do so as well. He does not have to accept their word on all things, but on this matter perhaps he might. On that basis, I trust that we can put this issue, if not to bed, at least on the sidelines for three years, while the Government keep a close eye on what is going on.