My Lords, I am extremely grateful for that full response. The problem remains, I fear, the meaning of the word ““person”” in Clause 2. Somehow underlying the Minister’s reply is the idea that a Treasury Minister has a power to designate assets, but of course the power can designate only persons. The Minister dealt with that clearly in relation to the example of us suspecting a French terrorist; indeed, he gave the same answer as I did. The way that it is meant to work is as follows: if we suspect someone in France of being a terrorist, we approach the French authorities and ask them in the spirit of co-operation—as the Minister rightly says, that underlies all this—to look at this, and the French will agree. If they come back and say, ““Yes, we think you’re right””, they will designate the terrorist in France. There is nothing wrong with that. That is what Regulation 1373 envisages. What it does not envisage is us, without consulting the French, simply designating a Frenchman resident in France. All the cases show that a general word such as ““person”” in this clause, whatever may have been the Government’s intention, does not mean—I respectfully suggest—what they think that it means.
I will look closely at what the Minister has said and, more important, I hope that others will look closely at what the Minister has said and what I have said. I hope that in due course they will reach what I believe to be the correct result, which would require only a small amendment to Clause 2. That having been said, I beg leave to withdraw the amendment.
Amendment 1 withdrawn.
Clause 23 : General power to disclose information
Amendment 2
Clause 23 : General power to disclose information
Amendment 2
Moved by
Terrorist Asset-Freezing etc. Bill [HL]
Proceeding contribution from
Lord Lloyd of Berwick
(Crossbench)
in the House of Lords on Monday, 1 November 2010.
It occurred during Debate on bills on Terrorist Asset-Freezing etc. Bill [HL].
Type
Proceeding contribution
Reference
721 c1431 
Session
2010-12
Chamber / Committee
House of Lords chamber
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2023-12-15 13:41:22 +0000
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