Part of Proceeds of Crime Bill – in a Public Bill Committee am 4:45 pm ar 5 Chwefror 2002.
Mr George Foulkes
Minister of State, Scottish Office, Minister of State (Scotland Office)
4:45,
5 Chwefror 2002
I fear that we have made the dreadful mistake of treating the Amendment seriously. We had to wait until our 39th sitting before a Member spoke on behalf of a colleague to move an amendment that he did not understand, the effect of which was not only opposite to the one intended but—as my hon. Friend the Member for Wellingborough pointed out—malign. To quote my late good friend Gregor Mackenzie, whose phrase has now been adopted by the hon. Member for Beaconsfield (Mr. Grieve), the introduction of the amendment by the hon. Member for Orkney and Shetland (Mr. Carmichael) was ''less than convincing''.
If the hon. Gentleman wants to abolish the position of Minister of State, he should think seriously about that. He has only been here for a few months. Perhaps when he begins better to understand the devolution settlement and what it means, he may see that there is an important job to be done. If I went into that in more detail I should be entirely out of order, Mr. McWilliam—so perhaps I will take him aside on another occasion, with my hon. Friend the Whip. Between us we will find one way or another of convincing him.
We oppose the amendment because it would be contrary to the interests of justice and of the public automatically to put an end to proceedings in a number of circumstances where an officer had been removed from a case for any reason, however legitimate, that was connected to the proceedings, but where the evidence was otherwise sufficient to secure a conviction for serious offences. Sometimes it may become apparent that witnesses or defendants had some remote connection with the case officer that was not apparent when the proceedings were brought. They could be a distant relative, a former school or university colleague—or, may I suggest to the hon. Member for Surrey Heath, a member of the same rugby team. Although there would be no suggestion of the officer colluding or being involved with witnesses, defendants or offences, it might nevertheless be expedient to remove him from the case to avoid any such allegations being made.
That is the sensible response to an introduction of the amendment that was not sensible. My hon. Friend the Member for Wellingborough has given a more effective response than I have, and that is an even more effective reason why the hon. Member for Orkney and Shetland should withdraw the amendment.
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