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My Lords, on Report, I explained in some detail why this amendment was tabled at a late point and gave context to the work of the financial action task force, the global body representing 34 national bodies and many bodies representing regional groupings. I drew attention to the minutes of...
My Lords, on Report, I explained in some detail why this amendment was tabled at a late point and gave context to the work of the financial action task force, the global body representing 34 national bodies and many bodies representing regional groupings. I drew attention to the minutes of...
moved Amendment No. 6: 6: Clause 81, page 56, leave out lines 18 to 20 and insert— ““(b) other premises to which the controlled person is required to grant access in accordance with an obligation imposed by or under the control order; (c) any premises— (i) to which the controlled...
moved Amendment No. 6: 6: Clause 81, page 56, leave out lines 18 to 20 and insert— ““(b) other premises to which the controlled person is required to grant access in accordance with an obligation imposed by or under the control order; (c) any premises— (i) to which the controlled...
My Lords, the powers granted to the OFT to secure access to information and people are one of the conduits through which enforcement of the legislation is to be pursued.
My Lords, the powers granted to the OFT to secure access to information and people are one of the conduits through which enforcement of the legislation is to be pursued.
My Lords, I do not know whether the Minister will be able to provide an example of when an enforcement officer would need to make an entry under Clause 20 when it would not be possible for him to obtain a warrant under Clause 21. Unless he can give a...
My Lords, I do not know whether the Minister will be able to provide an example of when an enforcement officer would need to make an entry under Clause 20 when it would not be possible for him to obtain a warrant under Clause 21. Unless he can give a...
My Lords, I believe the right of appeal would effectively freeze the outcome of the intervention. I would prefer to give noble Lords a complete explanation in writing. The noble Lord, Lord Selsdon, gave us an historical perspective. He complimented my noble friend the Secretary of State for Business, Enterprise...
My Lords, I believe the right of appeal would effectively freeze the outcome of the intervention. I would prefer to give noble Lords a complete explanation in writing. The noble Lord, Lord Selsdon, gave us an historical perspective. He complimented my noble friend the Secretary of State for Business, Enterprise...
My Lords, I asked whether the Minister could give us one example of an occasion when the enforcement officer might need to use the powers under Clause 29. I think that the only one that he has so far given is if the person in question was on the point...
My Lords, I asked whether the Minister could give us one example of an occasion when the enforcement officer might need to use the powers under Clause 29. I think that the only one that he has so far given is if the person in question was on the point...
My Lords, I thank the noble and learned Lord for his question. I believe that that right would be necessary in many circumstances which it is difficult to be precise about. It is in the nature of acting in an enforcement relating to terrorism, proliferation or money-laundering that one may...
My Lords, I thank the noble and learned Lord for his question. I believe that that right would be necessary in many circumstances which it is difficult to be precise about. It is in the nature of acting in an enforcement relating to terrorism, proliferation or money-laundering that one may...
My Lords, the Minister told me that he would write to me with an answer. Unfortunately, this is Third Reading, so that would be absolutely useless. Perhaps he could tell the House how one can appeal against a right of entry when the entry is actually being effected, because that...
My Lords, the Minister told me that he would write to me with an answer. Unfortunately, this is Third Reading, so that would be absolutely useless. Perhaps he could tell the House how one can appeal against a right of entry when the entry is actually being effected, because that...
My Lords, I did not say that the right of appeal could frustrate the right of entry. The right of appeal would be after the right of entry had been exercised, to seek to challenge the grounds on which the entry was secured.
My Lords, I did not say that the right of appeal could frustrate the right of entry. The right of appeal would be after the right of entry had been exercised, to seek to challenge the grounds on which the entry was secured.
My Lords, as someone who has become increasingly worried as this short but very welcome debate has continued, I ask how the powers could be needed in connection with the Office of Fair Trading. How could that furnish relevant documents or important information, to use the description that the noble...
My Lords, as someone who has become increasingly worried as this short but very welcome debate has continued, I ask how the powers could be needed in connection with the Office of Fair Trading. How could that furnish relevant documents or important information, to use the description that the noble...
My Lords, the Minister said that one could appeal against the right of entry. If one can have entry without a warrant, where is the time to appeal?
My Lords, the Minister said that one could appeal against the right of entry. If one can have entry without a warrant, where is the time to appeal?
My Lords, the decision on reasonableness would be made by the enforcement agency. There is provision to appeal against that if the individuals involved judge that it is unreasonable. For these reasons it is clear that Parliament has granted a number of rights to intervene without warrant.
My Lords, the decision on reasonableness would be made by the enforcement agency. There is provision to appeal against that if the individuals involved judge that it is unreasonable. For these reasons it is clear that Parliament has granted a number of rights to intervene without warrant.
My Lords, who decides whether the entry is reasonably required without a warrant? Under paragraph 21, if it goes before a magistrate, the magistrate decides if it is reasonably required, but who decides under this paragraph?
My Lords, who decides whether the entry is reasonably required without a warrant? Under paragraph 21, if it goes before a magistrate, the magistrate decides if it is reasonably required, but who decides under this paragraph?
moved Amendments Nos. 8 to 10: 8: Schedule 7, page 89, line 29, leave out ““negative”” and insert ““affirmative”” 9: Schedule 7, page 90, line 10, at end insert— ““( ) The requirements imposed by a direction must be proportionate having regard to the advice mentioned in paragraph 1(2) or,...
moved Amendments Nos. 8 to 10: 8: Schedule 7, page 89, line 29, leave out ““negative”” and insert ““affirmative”” 9: Schedule 7, page 90, line 10, at end insert— ““( ) The requirements imposed by a direction must be proportionate having regard to the advice mentioned in paragraph 1(2) or,...
moved Amendment No. 11: 11: Schedule 7, page 94, line 28, leave out paragraph 20 The noble Lord said: My Lords, I am disappointed that the Government should treat Parliament in the way that they did last week when they added a massive amendment on Report. New Schedule 7, which...
moved Amendment No. 11: 11: Schedule 7, page 94, line 28, leave out paragraph 20 The noble Lord said: My Lords, I am disappointed that the Government should treat Parliament in the way that they did last week when they added a massive amendment on Report. New Schedule 7, which...
My Lords, I thank the Minister for listening to me on that matter and for coming forward with an improving amendment. On Question, amendment agreed to.
My Lords, I thank the Minister for listening to me on that matter and for coming forward with an improving amendment. On Question, amendment agreed to.
moved Amendment No. 7: 7: Clause 81, page 57, leave out lines 6 to 8 and insert— ““(b) other premises to which the controlled person is required to grant access in accordance with an obligation imposed by or under the control order; (c) any premises— (i) to which the controlled...
moved Amendment No. 7: 7: Clause 81, page 57, leave out lines 6 to 8 and insert— ““(b) other premises to which the controlled person is required to grant access in accordance with an obligation imposed by or under the control order; (c) any premises— (i) to which the controlled...
My Lords, as the noble Lord who introduced the Powers of Entry Bill after some 15 years’ work, it behoves me to intervene. I did not wish to do so in this Bill, but by some strange act of cunning, new powers of entry have suddenly appeared to go with...
My Lords, as the noble Lord who introduced the Powers of Entry Bill after some 15 years’ work, it behoves me to intervene. I did not wish to do so in this Bill, but by some strange act of cunning, new powers of entry have suddenly appeared to go with...
My Lords, I follow the noble Lord, Lord Marlesford, in questioning what the local weights and measures authority has to do with terrorist financing and money laundering. I note that under Clause 20(3): "““An officer may exercise powers … only if the information or document sought to be obtained as...
My Lords, I follow the noble Lord, Lord Marlesford, in questioning what the local weights and measures authority has to do with terrorist financing and money laundering. I note that under Clause 20(3): "““An officer may exercise powers … only if the information or document sought to be obtained as...
moved Amendment No. 3: 3: Clause 44, page 32, line 33, after ““determination”” insert ““as is mentioned in subsection (1)(a)”” On Question, amendment agreed to. Clause 63 [References to a person being ““dealt with”” for an offence]:
moved Amendment No. 3: 3: Clause 44, page 32, line 33, after ““determination”” insert ““as is mentioned in subsection (1)(a)”” On Question, amendment agreed to. Clause 63 [References to a person being ““dealt with”” for an offence]: