Clause 188 - Enforcement as fines etc

Part of Proceeds of Crime Bill – in a Public Bill Committee am 12:45 pm ar 11 Rhagfyr 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Nick Hawkins Mr Nick Hawkins Ceidwadwyr, Surrey Heath 12:45, 11 Rhagfyr 2001

I want to explore the clause in a brief stand part debate. When reading the Bill, and continually referring backwards and forwards between the England and Wales provisions and the Northern Ireland provisions, I noticed some major differences in relation to the clause. Unlike most other clauses in this part of the Bill, there is a difference between clause 188 and clauses 36 and 37. I assume that that is because of some different arrangements under the Criminal Justice Act (Northern Ireland) 1945 and the functions of the court as to fines and subsection (3), which refers to article 35 of the Criminal Justice (Northern Ireland) Order 1998 under which parents and guardians pay the fines instead of children. It struck me as odd, in relation to money laundering, drug trafficking and criminal racketeering, to see references under subsection (3) to situations when a parent or guardian pays a fine instead of a child. That provision is incongruous, given the offences that it covers. Surely, situations will not arise when parents or guardians pay fines instead of children in respect of money laundering and criminal racketeering.

I will be grateful if the Under-Secretary will explain to the Committee why the clause is so different from clauses 36 and 37. It would be helpful for the Committee to know the ways in which the fines regime differs and why parents and guardians should fall into such a category.