My Lords, as my noble friend has explained, the underlying concern which her amendment seeks to address is that there could be circumstances leading to self-incrimination. The amendment seeks to protect the privilege against self-incrimination. She has also indicated that it is based on provisions in other legislation. I think that the Companies Act may have similar provisions. The amendment appears to be born from a concern that the Bill infringes that right against self-incrimination. I seek to reassure my noble friend and the Committee that the privilege against self-incrimination is not overridden by the Bill. In particular, a concern held by a person that compliance with an information request would infringe that person’s right against self-incrimination would form a reasonable excuse. I draw the Committee’s attention to Clause 18(1), which states: "““A person commits an offence who—""(a) without reasonable excuse refuses or fails … to comply with any request made under this Chapter””."
We believe that the right against self-incrimination would form a reasonable excuse under Clause 18(1) to refuse to comply with such a request. I believe that this provision is sufficient to maintain the important privilege against self-incrimination to which my noble friend referred. I hope she will be reassured that it is sufficient and that she will therefore withdraw the amendment.
Terrorist Asset-Freezing etc. Bill [HL]
Proceeding contribution from
Lord Wallace of Tankerness
(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 c197 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2023-12-15 18:26:40 +0000
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