Lord Faulks:

Moved by Lord Faulks

Leave out from “House” to end and insert “do insist on its disagreement with the Commons in their Amendment 161A, do not insist on its Amendment 161B, to which the Commons have disagreed for their Reason 161C, and do propose Amendment 161D in lieu—

161D: After Clause 187, insert the following new Clause—“Civil recovery of proceeds of crime: costs of proceedingsCivil recovery: costs of proceedingsAfter section 316 of the Proceeds of Crime Act 2002 insert—“316A Costs orders(1) This section applies to proceedings brought by an enforcement authority under Part 5 of the Proceeds of Crime Act 2002 where the property in respect of which the proceedings have been brought has been obtained through economic crime.(2) When assessing what order to make in relation to the costs of proceedings, the court should take into account—(a) the merits of the case,(b) whether the enforcement authority acted reasonably in bringing proceedings,(c) whether costs were reasonably incurred by any party to the proceedings, and(d) the impact of any order on—(i) the enforcement authority, and its ability to carry out its enforcement functions, and(ii) any other party to the proceedings.”””

My Lords, I will not amplify what has already been said. I am grateful to all noble Lords, including the Minister, for engaging in this debate. He said that it was not a bad amendment, which was kind of him; I would say that it is an amendment that this House, for the reasons that I have already given, should welcome. It is an improvement to the Bill and I beg to test the opinion of the House.

Ayes 245, Noes 209.

Motion B1 agreed.