My Lords, I cannot claim the prophetic prescience of my biblical near-namesake, so it is entirely fortuitous that the three amendments to which I speak will be debated the day after the announcement of what the media have described as a $1.9 billion, or £1.2 billion, fine imposed by the...

My Lords, I cannot claim the prophetic prescience of my biblical near-namesake, so it is entirely fortuitous that the three amendments to which I speak will be debated the day after the announcement of what the media have described as a $1.9 billion, or £1.2 billion, fine imposed by the...

My Lords, I support the change in position made by the noble Lord, Lord Beecham, between Committee and today regarding allowing Parliament to discuss the prosecution code without it being incorporated in a statutory instrument. It might help the Director of Public Prosecutions, the director of the Serious Fraud Office...

My Lords, I support the change in position made by the noble Lord, Lord Beecham, between Committee and today regarding allowing Parliament to discuss the prosecution code without it being incorporated in a statutory instrument. It might help the Director of Public Prosecutions, the director of the Serious Fraud Office...

My Lords, Amendments 116DA and 116DB revisit an issue that we considered in Committee: namely, parliamentary scrutiny of a code of practice for prosecutors to support the DPA scheme. However, as the noble Lord, Lord Beecham, said, the issue has changed somewhat. In providing for a code of practice for...

My Lords, Amendments 116DA and 116DB revisit an issue that we considered in Committee: namely, parliamentary scrutiny of a code of practice for prosecutors to support the DPA scheme. However, as the noble Lord, Lord Beecham, said, the issue has changed somewhat. In providing for a code of practice for...

My Lords, I am grateful to my noble friend Lord Wills, the noble Lord, Lord Low of Dalston, and of course my noble friend Lady Dean of Thornton-le-Fylde for agreeing to support Amendment 22. I am also grateful to the Minister, the noble Lord, Lord Marland, for agreeing to meet...

My Lords, I am grateful to my noble friend Lord Wills, the noble Lord, Lord Low of Dalston, and of course my noble friend Lady Dean of Thornton-le-Fylde for agreeing to support Amendment 22. I am also grateful to the Minister, the noble Lord, Lord Marland, for agreeing to meet...

Lords Second Reading Committee motion to consider the Bill. Agreed to on question.

Lords Second Reading Committee motion to consider the Bill. Agreed to on question.

My Lords, the Partnerships (Prosecution) (Scotland) Bill takes forward the proposals of the Scottish Law Commission to address the loophole that makes it impossible at present to prosecute partnerships that have dissolved. In 2004, a fire at the Rosepark Nursing Home in Uddingston led to the death of 14 elderly...

My Lords, the Partnerships (Prosecution) (Scotland) Bill takes forward the proposals of the Scottish Law Commission to address the loophole that makes it impossible at present to prosecute partnerships that have dissolved. In 2004, a fire at the Rosepark Nursing Home in Uddingston led to the death of 14 elderly...

My Lords, when it comes to a topic such as this, I stand slightly in awe of venturing forth among those with such distinguished experience of both law and government. I hope that the Committee will forgive me if some of my questions are a little simplistic as a result....

My Lords, when it comes to a topic such as this, I stand slightly in awe of venturing forth among those with such distinguished experience of both law and government. I hope that the Committee will forgive me if some of my questions are a little simplistic as a result....

My Lords, I will not delay the Committee long. This is rightly an opportunity for the legal profession to look at the terms of the Bill in some detail. The reason for my interest stems from the fact that I know Rosepark home. I was born and brought up in...

My Lords, I will not delay the Committee long. This is rightly an opportunity for the legal profession to look at the terms of the Bill in some detail. The reason for my interest stems from the fact that I know Rosepark home. I was born and brought up in...

Before I was interrupted—I will not say rudely—by your Lordships’ House, I was making the point that the Rosepark story is horrific. The loopholes in the law allowed a terrible injustice to happen to the families and friends of the 14 people who lost their lives.

In respect of the Bill,...

Before I was interrupted—I will not say rudely—by your Lordships’ House, I was making the point that the Rosepark story is horrific. The loopholes in the law allowed a terrible injustice to happen to the families and friends of the 14 people who lost their lives.

In respect of the Bill,...

I, too, thank and congratulate the Scottish Law Commission on the excellent work that it has done on this issue. I also thank the Advocate-General and the Scotland Office for all their work over the past few months, since the Scottish Law Commission reported, to bring this Bill forward. It...

I, too, thank and congratulate the Scottish Law Commission on the excellent work that it has done on this issue. I also thank the Advocate-General and the Scotland Office for all their work over the past few months, since the Scottish Law Commission reported, to bring this Bill forward. It...

My Lords, in its report on the criminal liability of partnerships, the Scottish Law Commission pointed out that the effect of Balmer was that once a partnership had been dissolved, and in the absence of evidence showing the guilt of one or more individual partners, there remained no person who...

My Lords, in its report on the criminal liability of partnerships, the Scottish Law Commission pointed out that the effect of Balmer was that once a partnership had been dissolved, and in the absence of evidence showing the guilt of one or more individual partners, there remained no person who...

My Lords, not having a brief and not being a brief, I can be brief. I should just like to say three things. I thank the Minister for bringing forward this Bill, which is clearly necessary to remedy a loophole that came to light following the tragedy. I also thank...

My Lords, not having a brief and not being a brief, I can be brief. I should just like to say three things. I thank the Minister for bringing forward this Bill, which is clearly necessary to remedy a loophole that came to light following the tragedy. I also thank...

My Lords, I, too, warmly welcome the Bill and the undoubted amount of work that has gone into its preparation by the Scottish Law Commission.

I have discussed this matter with one of my distinguished predecessors as Lord Advocate, namely my noble and learned friend Lord Mackay of Clashfern. I am...

My Lords, I, too, warmly welcome the Bill and the undoubted amount of work that has gone into its preparation by the Scottish Law Commission.

I have discussed this matter with one of my distinguished predecessors as Lord Advocate, namely my noble and learned friend Lord Mackay of Clashfern. I am...

My Lords, I will reply to as many points as I can. First, I place on record again my thanks to the Minister and his staff for keeping in touch. I am sorry that I did not make the meeting;

I was called away on Whips’ business. However, I learnt...

My Lords, I will reply to as many points as I can. First, I place on record again my thanks to the Minister and his staff for keeping in touch. I am sorry that I did not make the meeting;

I was called away on Whips’ business. However, I learnt...

My Lords, I thank all noble Lords who have contributed to this very helpful debate. I say immediately to those who said they were subscribing to the “daft questions” brigade that in my experience such questions are usually just as penetrating, and sometimes more difficult to answer, than those produced...

My Lords, I thank all noble Lords who have contributed to this very helpful debate. I say immediately to those who said they were subscribing to the “daft questions” brigade that in my experience such questions are usually just as penetrating, and sometimes more difficult to answer, than those produced...

Earlier, when talking about individuals, my noble and learned friend said that it was intended that no time limit should apply. Does that mean, if the individual is charged after the partnership, that there is no five-year limit at all?

Earlier, when talking about individuals, my noble and learned friend said that it was intended that no time limit should apply. Does that mean, if the individual is charged after the partnership, that there is no five-year limit at all?

That is indeed what I said. It is subject to the fact that there may well be an offence for which there is already in law a statutory time limit. Indeed, a number of these offences will have provisions in law which set a statutory time limit.

If this Bill proceeds...

That is indeed what I said. It is subject to the fact that there may well be an offence for which there is already in law a statutory time limit. Indeed, a number of these offences will have provisions in law which set a statutory time limit.

If this Bill proceeds...