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Counter-terrorism Bill 2007-08
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Counter-terrorism Bill 2007-08 (100)

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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...

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c939-40
House
House of Lords

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...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c934-5
House
House of Lords

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.

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c941
House
House of Lords

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...

Member
Lord Lloyd of Berwick (Crossbench)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c939
House
House of Lords

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...

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c940-1
House
House of Lords

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...

Member
Lord Lloyd of Berwick (Crossbench)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c941
House
House of Lords

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...

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c941
House
House of Lords

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...

Member
Lord Swinfen (Conservative)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c941
House
House of Lords

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.

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c941
House
House of Lords

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...

Member
Lord Mayhew of Twysden (Conservative)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c941
House
House of Lords

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?

Member
Lord Swinfen (Conservative)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c940
House
House of Lords

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.

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c940
House
House of Lords

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?

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c940
House
House of Lords

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,...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c935-6
House
House of Lords

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...

Member
Lord Marlesford (Conservative)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c936-8
House
House of Lords

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.

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c935
House
House of Lords

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...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c935
House
House of Lords

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...

Member
Lord Selsdon (Conservative)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c938-9
House
House of Lords

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...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c939
House
House of Lords

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]:

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
17 November 2008
Reference
705 c932
House
House of Lords