This amendment is longer but I hope the debate will not take us very long. We have just dealt with Clauses 16 and 17, which allow the Treasury to request—though it really comes down to ““require””—information or documents. Clause 18 makes it an offence to fail to comply with such a request. I am grateful, as always, to the organisations Justice and Liberty for the amendment, which makes provision in relation to that requirement where providing information or documents might result in self-incrimination.
The Human Rights Act provides under Article 6 the right to a fair trial and that includes privilege against self-incrimination. The amendment is modelled on provisions in existing legislation and would continue to require the person in question to provide the information, but would also provide that evidence which is self-incriminatory should not be admissible in any criminal proceedings against that person. I 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].
Type
Proceeding contribution
Reference
721 c196-7 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
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2023-12-15 18:26:33 +0000
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