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Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009

My Lords, I want to make a very short speech to say that this is really a technical problem. I speak as a member of the Joint Committee on Statutory Instruments, which meets every Wednesday to consider abuse of process and certain other reasons why we should report back to the department. I speak not for the committee but only from my personal experience. I would ask respectfully that we should not divide the House today. This issue should be returned for further consideration as to whether, in essence, it is an abuse of process. Frankly, I think that it is, but what I think is wholly irrelevant. This has to be considered properly and in due course. There is little more to be said, other than that this should not be dealt with as if it is a singular, one-off occasion. Every Wednesday, we get at least one and sometimes four statutory amendments that are objected to for abuse of process, or for some other reason. The problem is that the departments have no written guide on how they should deal with them. Our advisers are highly intelligent and greatly informed—they were all from the Chancery Division in the old days—but frankly, these matters are difficult for us to understand. We are therefore in the position of having them to help us, but they should be helping the departments with written instructions on how they should deal with these matters. I am sorry to take your Lordships’ time.