Serious Crime Bill [HL]

My Lords, the noble Lord, Lord Marlesford, said that what had happened was outrageous. As he said that, I wrote down the rather more lawyerly words ““abuse of process””, which the noble and learned Lord, Lord Lloyd, then used. It is an abuse of process to legislate in this way. It is an abuse of this House that we have these clauses brought to it at the last moment and then are given promised very vague promises of post-legislative scrutiny. I am grateful to the noble Lord, Lord Bassam, for his attempts to ameliorate the situation—I know he does so with the very best intent—but it is not acceptable. For that reason, and as a matter of principle—whether or not those on Her Majesty’s Official Opposition Benches support us—I propose to test the opinion of the House. On Question, Whether the said amendment (No. 32A) shall be agreed to? Their Lordships divided: Contents, 52; Not-Contents, 148. On Question, Motion agreed to. 33: Insert the following new Clause- ““Costs in relation to authorised monitors (1) The Secretary of State may by order make provision about the practice and procedure for determining the amount of- (a) any costs payable by virtue of section (Compliance with orders: authorised monitors)(4) and (5); and (b) any interest payable in respect of those costs. (2) Such provision may, in particular, include provision about appeals. (3) Where any amounts required to be paid by virtue of section (Compliance with orders: authorised monitors)(4) and (5) have not been paid within a required period, the law enforcement agency concerned must take reasonable steps to recover them and any interest payable in respect of them. (4) The Secretary of State must by order provide for what are reasonable steps for the purposes of subsection (3). (5) Any amounts which have not been recovered despite the taking of the reasonable steps are recoverable as if due to the law enforcement agency concerned by virtue of a civil order or judgment. (6) Where any amounts required to be paid by virtue of section (Compliance with orders: authorised monitors)(4) and (5) are, in the case of an order of the Crown Court, not paid within a required period, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts). (7) For the purposes of section 26, a failure to comply with a requirement imposed by virtue of section (Compliance with orders: authorised monitors)(4) and (5) to make payments occurs when the amounts become recoverable as mentioned in subsection (5) above (and not before). (8) In this section ““law enforcement agency”” has the same meaning as in section (Compliance with orders: authorised monitors).””