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Serious Crime Bill [HL]

moved AmendmentNo. 28: 28: Clause 5, page 6, line 2, leave out from ““include”” to end of line 3 and insert ““— (a) a requirement on a person to answer questions, or provide information, specified or described in an order— (i) at a time, within a period or at a frequency; (ii) at a place; (iii) in a form and manner; and (iv) to a law enforcement officer or description of law enforcement officer; notified to the person by a law enforcement officer specified or described in the order; (b) a requirement on a person to produce documents specified or described in an order— (i) at a time, within a period or at a frequency; (ii) at a place; (iii) in a manner; and (iv) to a law enforcement officer or description of law enforcement officer; notified to the person by a law enforcement officer specified or described in the order.”” The noble Lord said: My Lords, I know that concerns were expressed at Second Reading and in Committee about the breadth of the discretion in the current drafting of Clause 5(7). Our primary aim is to provide law enforcement agencies with an effective tool through these orders, but we are more than willing to listen to suggestions for improving them which do not compromise that aim. The noble Baroness, Lady Anelay, suggested in her amendments that to narrow the discretion for law enforcement agencies to specify how certain provisions of an order are to be complied with would be highly desirable. We agreed with the principle behind her amendment and have worked with parliamentary counsel to draft a provision which would give effectto it. I therefore thank her for not moving her amendments in that context. Amendment No. 28 does precisely what the noble Baroness sought, and I hope that it also provides further certainty and clarity about exactly what we intend. The amendment replaces Clause 5(5) so that it will be possible to require the subject of an order to answer questions, provide information or produce documents, with the following details specified by law enforcement agencies: the timing of such provision, production or answering; the location at which this should be undertaken; the form or manner in which it should be undertaken; and in whose company it should be undertaken. Amendment No. 29 will delete Clause 5(7) as it will no longer be necessary inthose circumstances. The discretion proposed in Amendment No. 28 is important as it provides for the practicalities of providing such material to law enforcement officers. I thank the noble Baroness for her work on this matter. I think that we have reached a position with which we are jointly happy. I thank her again for not moving her amendments earlier. I beg to move.