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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 bill on Terrorist Asset-Freezing etc. Bill [HL].


Terrorist Asset-Freezing etc. Bill [HL]

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.


Secondary information

Type
Proceeding contribution
Reference
721 c197 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Compensation Civil liberties Appeals Assets Bank services Banks Court orders Advocacy Financial services Financial institutions Insurance International cooperation Money laundering Terrorism Stocks and shares Treasury Sequestration of assets High Court
Legislation
Terrorist Asset-freezing etc Bill (HL) 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk