Serious Crime Bill (HL). Second reading debate. Agreed to on question. Programme motion on proceedings in Committee, on Report, Third Reading and any other proceedings. Agreed to on question. Queen's recommendation having been signified, Money resolution agreed to on question.
Serious Crime Bill [Lords]
Debate on bills on Tuesday, 12 June 2007,
in the House of Commons,
led by Tony McNulty.
The answering
member was Lord Garnier.
Type
Parliamentary proceeding
Reference
461 c661-720 
Session
2006-07
Legislative stage
Second reading
Chamber / Committee
House of Commons chamber
Serious Crime Bill (HL). Brought from the Lords. Explanatory Notes Bill 103-En also published.
Thursday, 10 May 2007
Bills
House of Commons
Thursday, 10 May 2007
Bills
House of Commons
Proceeding contributions
David Burrowes | 461 c662 (Link to this contribution)
The Minister mentions heroin reaching our streets. Given that the Serious Organised Crime Agency has...
Tony McNulty | 461 c662 (Link to this contribution)
The hon. Gentleman will know, because he is an astute Member, that we are talking about subsequent l...
Show all contributions (85)
David TC Davies | 461 c662 (Link to this contribution)
Everyone wants to deal with heroin dealers effectively. Is the Minister aware that only two people w...
Tony McNulty | 461 c661-2 (Link to this contribution)
I am fully aware of those points, and they go to my opening remarks. I suggest that the hon. and lea...
Lord Garnier | 461 c661 (Link to this contribution)
The Minister suggested that this place should not become a legislative sausage machine. He will know...
Tony McNulty | 461 c661 (Link to this contribution)
I beg to move, That the Bill be now read a Second time.
I turn first to a point that we must collec...
Tony McNulty | 461 c663-4 (Link to this contribution)
I am afraid that that was not entertaining. Very unusually for a man of the law like the hon. and le...
Lord Garnier | 461 c663 (Link to this contribution)
I can understand that salmon poaching using dynamite would be a serious offence, but legislation alr...
Robert Neill | 461 c664 (Link to this contribution)
I appreciate that as the Bill provides that the threshold for making the order is reached only in th...
Tony McNulty | 461 c662 (Link to this contribution)
Absolutely not. I am tempted to apologise to the House for introducing the issue of heroin, which do...
Tony McNulty | 461 c663 (Link to this contribution)
The offence merits inclusion as a serious crime under certain circumstances. Neither I nor any other...
Greg Knight | 461 c663 (Link to this contribution)
We all want effective action against serious crime, but I am rather puzzled by how the Government de...
Tony McNulty | 461 c663 (Link to this contribution)
I know, but my expertise in environmental crime is not as comprehensive or detailed as ACPO’s, and I...
Greg Knight | 461 c663 (Link to this contribution)
You are the Minister!
Tony McNulty | 461 c663 (Link to this contribution)
I was going to leave the hon. and learned Gentleman alone for a moment but, for the sake of the Hous...
Lord Garnier | 461 c663 (Link to this contribution)
Will the Minister give way?
Lord Benyon | 461 c706-8 (Link to this contribution)
Much of what I was going to say has been said, so Members will be relieved to know that I will be bl...
Lord Garnier | 461 c699-702 (Link to this contribution)
for the purposes of my argument, I think I must accept that the principle against which I am arguing...
Lord Coaker | 461 c716 (Link to this contribution)
It will be interesting to hear whether the hon. Gentleman supports the independence of the judiciary...
Lord Coaker | 461 c715-6 (Link to this contribution)
I start by saying a couple of things about the general tenor of the debate. I welcome very much the ...
James Brokenshire | 461 c710-5 (Link to this contribution)
There is little doubt that the threat to this country from organised crime remains high. In its annu...
Elfyn Llwyd | 461 c699 (Link to this contribution)
The hon. and learned Gentleman rightly referred to the civil concept in the criminal courts. People ...
Lord Garnier | 461 c698-9 (Link to this contribution)
Possibly that, too. Perhaps Labour Back Benchers have legislation fatigue. I mentioned in an interve...
Kevin Brennan | 461 c692 (Link to this contribution)
Quite right too.
Geoffrey Cox | 461 c691-2 (Link to this contribution)
As I listened to the debate, I became increasingly concerned by a thought that has been bearing down...
Lord Coaker | 461 c695 (Link to this contribution)
indicated dissent.
Geoffrey Cox | 461 c692-5 (Link to this contribution)
I do not say that, in itself, such a provision is not right. However, we must ask ourselves whether ...
Lord Garnier | 461 c696 (Link to this contribution)
I hesitate to interrupt my hon. and learned Friend because he is making a powerful speech, but the 2...
Geoffrey Cox | 461 c695-6 (Link to this contribution)
The Minister is shaking his head, so we can all rejoice at that.
It is lawful to produce that type ...
Lord Garnier | 461 c697-8 (Link to this contribution)
I congratulate my hon. and learned Friend the Member for Torridge and West Devon (Mr. Cox) on the mo...
Geoffrey Cox | 461 c696-7 (Link to this contribution)
My hon. and learned Friend is right. I was about to cite one example. Barely two years after the mon...
Jeremy Browne | 461 c684-91 (Link to this contribution)
It was a pleasure to hear what may have been the farewell speech of the Minister for Security, Count...
Jeremy Browne | 461 c698 (Link to this contribution)
Or to speak against it.
Lord Herbert of South Downs | 461 c681-2 (Link to this contribution)
That is a very interesting suggestion. The crucial criteria should be that members of that Committee...
Robert Neill | 461 c681 (Link to this contribution)
I entirely agree with my hon. Friend about the Privy Council committee and its composition, and perh...
Lord Herbert of South Downs | 461 c681 (Link to this contribution)
The Minister is, of course, being helpful, as ever, and I am grateful for his clarification. However...
Tony McNulty | 461 c681 (Link to this contribution)
It is my understanding that discussions between the Prime Minister and the Leader of the Opposition ...
Lord Herbert of South Downs | 461 c680 (Link to this contribution)
I am grateful to my hon. Friend. Andy Hayman concluded by saying that the fact that we did not allow...
Robert Neill | 461 c679-80 (Link to this contribution)
To reinforce my hon. Friend’s argument and to close down, I hope, the suggestion that the assistant ...
Lord Herbert of South Downs | 461 c679 (Link to this contribution)
Quite clearly, the Minister was seeking to dismiss the comments of the assistant commissioner, who t...
Tony McNulty | 461 c679 (Link to this contribution)
With the greatest respect, I am saying that the hon. Gentleman is showing his ignorance by saying th...
Rob Marris | 461 c682 (Link to this contribution)
I thank the hon. Gentleman for his generosity in giving way. On his understandable concern about dat...
Lord Herbert of South Downs | 461 c682-4 (Link to this contribution)
That was not the view of the Joint Committee. I am open-minded about whether the Government can reas...
Lord Garnier | 461 c677 (Link to this contribution)
The hon. Member for Wolverhampton, South-West (Rob Marris) might also care to note that provision is...
Geoffrey Cox | 461 c677 (Link to this contribution)
Can my hon. Friend think of a reason why the Serious Organised Crime Agency might wish to prosecute?...
Lord Herbert of South Downs | 461 c677 (Link to this contribution)
I am grateful to my hon. and learned Friend for his assistance.
The concerns about the measures, wh...
Tony McNulty | 461 c675 (Link to this contribution)
That is an entirely fair point. My hon. Friend will know that we are going down that route in the pr...
Rob Marris | 461 c677 (Link to this contribution)
I think that I am following the hon. Gentleman’s argument carefully and that I understand it, but he...
Lord Herbert of South Downs | 461 c675-6 (Link to this contribution)
The whole House will acknowledge the need to deal with serious crime, the economic and social costs ...
Lord Herbert of South Downs | 461 c677-9 (Link to this contribution)
My hon. and learned Friend makes a good point. Just as the Government make great play of their desir...
Tony McNulty | 461 c679 (Link to this contribution)
He is showing his ignorance.
Lord Herbert of South Downs | 461 c679 (Link to this contribution)
From a sedentary position, the Minister says that the assistant commissioner of the Metropolitan pol...
Tony McNulty | 461 c669 (Link to this contribution)
I would say the contrary: I think that they do, but I do not accept that the ARA has not been succes...
David TC Davies | 461 c669 (Link to this contribution)
I am grateful to the Minister for giving way; he is being extremely generous. Given that what he rig...
Tony McNulty | 461 c671 (Link to this contribution)
As my hon. Friend knows, we have already taken various steps—including taking forward the UK action ...
Evan Harris | 461 c671 (Link to this contribution)
Before the Minister moves on to the two issues that he intends to raise, can I take him back to the ...
Tony McNulty | 461 c669-70 (Link to this contribution)
Well, if that information is to hand—and I do not know whether it is or not off the top of my head—I...
Rob Marris | 461 c670 (Link to this contribution)
I am grateful to my hon. Friend for his generosity. Under schedule 1, one of the offences defined as...
Rob Marris | 461 c675 (Link to this contribution)
I welcome the review on intercept evidence and I quite understand my hon. Friend’s reservations abou...
Tony McNulty | 461 c674-5 (Link to this contribution)
As I understand it and as the hon. Gentleman will know, that stems from initial discussions between ...
Nick Clegg | 461 c673-4 (Link to this contribution)
Will the Minister further clarify his understanding of the mandate of the review mechanism to which ...
Tony McNulty | 461 c671-3 (Link to this contribution)
The hon. Gentleman will know that there is a hierarchy involved. As my noble and learned Friend Baro...
Tony McNulty | 461 c664-5 (Link to this contribution)
I do not agree that the hon. Gentleman’s point goes beyond those raised by Liberty, but they will al...
Margaret Moran | 461 c665 (Link to this contribution)
Will my hon. Friend give way?
Tony McNulty | 461 c665 (Link to this contribution)
When I have finished the sentence.
The measures will automatically attract the oversight of the Inf...
Margaret Moran | 461 c665 (Link to this contribution)
I am sure my hon. Friend will join me in offering our condolences to the family of PC Jon Henry, who...
Tony McNulty | 461 c665-7 (Link to this contribution)
I associate myself absolutely with my hon. Friend’s remarks about PC Jon Henry and about our fully i...
Tony McNulty | 461 c667-8 (Link to this contribution)
It is right and proper to specify in the way that we have. I know of the concerns of the JCHR, but t...
Margaret Moran | 461 c667 (Link to this contribution)
I welcome the measures on data sharing and the Minister’s assurances that they will not be used for ...
Tony McNulty | 461 c668 (Link to this contribution)
The hon. Gentleman has got the wrong end of the stick. This year, the Assets Recovery Agency has bee...
Jeremy Wright | 461 c668 (Link to this contribution)
Does the Minister accept that one of the reasons why the Assets Recovery Agency has not been as succ...
Jeremy Wright | 461 c668 (Link to this contribution)
I agree with the Minister entirely, and I certainly do not suggest that any of the practices to whic...
Lord Coaker | 461 c718 (Link to this contribution)
I apologise if I unfortunately made it appear that a barrister was somehow at odds with the judgment...
Elfyn Llwyd | 461 c718 (Link to this contribution)
Perish the thought.
Lord Coaker | 461 c717-8 (Link to this contribution)
The remarks that I am about to make will answer the hon. and learned Gentleman’s question, at least ...
Elfyn Llwyd | 461 c718 (Link to this contribution)
I did not disagree with the House of Lords judgment. I said that the judgment allows for a civil sta...
Lord Coaker | 461 c718-9 (Link to this contribution)
I am not making a false argument. The argument that I am using is the argument used by the House of ...
Lord Coaker | 461 c718 (Link to this contribution)
Perish the thought, as the hon. Gentleman says. I did not mean to do that at all. All that I was try...
Lord Garnier | 461 c718 (Link to this contribution)
I do not want to add more confusion where there is plenty already, but in my experience, in a civil ...
Lord Coaker | 461 c716-7 (Link to this contribution)
With respect to the hon. Gentleman, the point that I was making, as I think every other hon. Member ...
Geoffrey Cox | 461 c717 (Link to this contribution)
The Minister says that the orders will be dealt with on the basis of reasonable doubt, and I have ev...
Jeremy Browne | 461 c716 (Link to this contribution)
I did not wish to cause the Minister personal offence. The point that I was trying to make was that ...
Robert Neill | 461 c708-10 (Link to this contribution)
Given the powerful and persuasive speeches made by Members—solely on this side of the Chamber, I mig...
Elfyn Llwyd | 461 c702-6 (Link to this contribution)
Having heard two very powerful speeches, I can be rather briefer than I intended.
The hon. and lear...
Lord Herbert of South Downs | 461 c677 (Link to this contribution)
The hon. Gentleman does not seem to understand that it is a civil process and that is exactly the ki...
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