I am glad that the noble Lord described these as probing amendments. I was a little confused about the distinctions between what he is proposing and what the Bill proposes—but he has explained them. I do not wish to focus on the drafting, given his intention in tabling these amendments at this stage. However, I noted that "false" in his proposed subsection (1B) would include "misleading". Clause 8(1)(b) includes both terms as separate concepts.
On the substance of the amendments, if the noble Lord is to proceed with them at a later stage, it would be helpful to distinguish between the knowledge of what "might be" false, which is the terminology used in the amendment, and recklessness, which is a more usual concept.
It is hard to envisage a claim described in Clause 8(1) without an intention of making a gain. If the noble Lord proceeds with the amendment, or anything similar, at the next stage, perhaps he could bear that in mind. I do not wish to be unduly picky, but one does not want to create criminal offences without being very careful about every single word.
I have not had an opportunity to look at the penalties which might apply to the existing offence of fraud under the Fraud Act. The noble Lord has told the Committee that 10 years is the current maximum penalty; that was extremely helpful. I am concerned about creating a new offence for an action or omission that is covered by an existing provision. I understand the politics behind this. What is suggested here—a 10-year penalty—is very serious. Heaven forfend that we should be thought to be indulging in gesture politics.
Parliamentary Standards Bill
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Thursday, 16 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Parliamentary Standards Bill.
About this proceeding contribution
Reference
712 c1273-4 Session
2008-09Chamber / Committee
House of Lords chamberSubjects
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