My Lords, the answer to those questions are yes and no, and for the reasons I gave in opening this debate. Yes, it is important to simplify the law of fraud. No, it is not enough, for the reason I gave to my noble friend Lord Clinton-Davis. The facts and the evidence are complicated; the law is complicated, but that is not what causes trials to run into months and months. As to conspiracy to defraud, I have explained that as the majority of responses to the consultation were against removal of the offence of conspiracy to defraud, the Government took the view they did. I see that the noble Lord, Lord Kingsland, disagrees with me. I look forward to hearing what he has to say about it; he will put me right, as he always does.
I have referred to the other measures that we have taken, such as the multiple offender provisions in the Domestic Violence, Crime and Victims Act 2004. Additional resources have also been provided for the Serious Fraud Office and the City of London police to tackle fraud. The creation of the Serious Organised Crime Agency will introduce a new force in tackling and defeating serious and organised crime. That will include proposals to ensure effective incentives for criminals who give evidence against their associates. That will help in fraud cases.
As I announced yesterday—I have referred to it again today—the Government plan to invite both Houses to bring into effect Section 43 of the Criminal Justice Act 2003, allowing prosecutors to apply for trials to be conducted without a jury in very long, complex, serious fraud trials.
The Government believe that these measures, along with the overall modernisation of the law, will help to streamline our capacity to tackle fraud and hence make an important contribution to tackling fraud and the crimes facilitated by it. I commend this Bill to the House.
Moved, That the Bill be now read a second time.—(Lord Goldsmith.)
Fraud Bill [HL]
Proceeding contribution from
Lord Goldsmith
(Labour)
in the House of Lords on Wednesday, 22 June 2005.
It occurred during Debate on bills on Fraud Bill [HL].
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672 c1656-7 Session
2005-06Chamber / Committee
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