Fraud Bill [Lords]

As the hon. Member for Somerton and Frome (Mr. Heath) rightly recognised, we had a very constructive and full discussion in Committee on 20 June. I have not changed my mind since then, but I hear the points that he makes. We hope in due course to be in a position where we can take the view that conspiracy to defraud can be removed from the statute book. Until then, there is guidance, which has been passed to Front-Bench Members of other parties to look at. I would welcome hearing their views on that. We intend that the conspiracy to defraud offence should be used sparingly, while, in the meantime, we would examine the impact that repeal would have. However, let me just say that there is a difference in law, albeit not so much politically or in policy terms, between what the hon. Gentleman wants and what we want. The difference in law is about the prosecutor being able to use conspiracy to defraud if that is appropriate. If there is a guillotine—a sunset provision—in respect of that law, it risks to some extent discrediting it, and therefore I am opposed to the hon. Gentleman’s proposal. Let me give seven good reasons for taking the view that we have, in the hope that the hon. Gentleman will feel able to withdraw his new clause. First, the Government plan to review conspiracy to defraud in the course of the next three years. Secondly, as Lord Rose’s Committee representing the views of judges stated, some issues are not covered by the Fraud Bill as it stands, and we need to look at how they would be covered—in particular, where it is intended that someone outside a conspiracy would commit the final offence, and also cases where the accused cannot be proved to have had the necessary degree of knowledge of the substantive offence to be perpetrated. We want to look at how we will deal with such issues, if we repeal the offence of conspiracy to defraud. Thirdly, we want to look at the impact of the new laws under the Domestic Violence, Crime and Victims Act 2004, which we hope to implement soon, in respect of making changes on conspiracy to defraud. Fourthly, the Law Commission is studying the law covering forms of participation in crimes that do not amount to a statutory conspiracy. We want to see what its recommendations are, and the results of its inquiries. Fifthly, the Law Commission published in July a report on inchoate liability in crime, and we want more time to examine the impact that that might have. Sixthly, we also believe that it is useful to look further at the consultation paper on organised and financial crime, which was published in July. We want to examine the responses to that and see how these issues affect the whole ambit of conspiracy to defraud. Finally, the fraud review itself only finishes its consultation period tomorrow, and we want to examine how that review will affect the overall way that this country deals with fraud. Hopefully, that will also enable us to take a broader view of conspiracy to defraud. So for all those reasons, I hope that the hon. Member for Somerton and Frome feels able to withdraw his new clause.