I shall speak also to Amendments 41, 42, 44 and 49. Here, we come to the prohibitions—again, creating offences—and there are a number of terms which I am seeking to understand through these amendments. The first is the term ““indirectly””, whereby funds, services, economic resources and so on may not be made available directly or indirectly. I could just have sought to delete the word ““indirectly”” but I can see that it must mean something, and in the context of this issue I do not want to suggest that we are seeking to weaken the arrangements. Therefore, I have chosen instead to insert the words, "““with the intention of benefitting the designated person””,"
but, as the Minister will have guessed, my real concern is to know what might be covered by the term ““indirectly””.
The other term that concerns me is ““partly””. To take the first point at which it arises—in Clause 9—the definition of ““financial benefit””, "““includes the discharge of a … obligation for which the designated person is wholly or partly responsible””."
My concern here is perhaps a little different because the situation might arise in which the spouse of a designated person wants to make a payment on a joint mortgage. It seems to me that that would be prohibited, although it could obviously be licensed.
This is all about the family. I accept that there is a proposed new clause about social service benefits, but I wonder whether it is extensive enough. Joint mortgage was one example. Obviously, joint accounts will be frozen—I say obviously, but maybe I will be corrected. Will a spouse’s separate account be affected? To take a different situation, if the spouse’s employer fears that the spouse’s wages are going to a designated person, how should the Treasury, or anybody else, react? Can we have reassurance that the spouse’s income will not be stopped because the terms of the legislation are such that the employer might fear that he is committing an offence?
Amendment 40 specifically addresses joint assets and requires the Treasury to grant a licence, so I am coming at this from a number of different directions. I look forward to hearing what the Minister has to say and beg to move.
Terrorist Asset-Freezing etc. Bill [HL]
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Wednesday, 6 October 2010.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Terrorist Asset-Freezing etc. Bill [HL].
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721 c169 
Session
2010-12
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