INADMISSIBILITY (Hansard, 17 June 1998)

§ Mr. Ingram
I beg to move amendment No. 85, in page 6, line 40, after 'section 5', insert 'of the Criminal Law Act 1967 or of'.

§ The Second Deputy Chairman of Ways and Means (Mr. Michael Lord)
With this, it will be convenient to discuss Government amendments Nos. 86 and 87.

§ Mr. Ingram
This is one of those explanations that is difficult to set forth, because it is extremely legalistic. However, I hope that the Committee will bear with me, because it is worth explaining in detail what these Government amendments would do.
As it stands, clause 13 provides that evidence and information given by prisoners to the commissioners are not admissible in certain proceedings. The proceedings in question relate to offences of membership of a proscribed organisation and other activities consistent with membership. Obviously, no offences of violence are listed. This is to allow prisoners to present their cases to the commissioners without fear that statements they might make will be used in evidence in the proceedings in question. It does not grant immunity from prosecution for the offences in question.
The amendments simply add to clause 13 certain proceedings that apply in Great Britain for which provision is already made in clause 13 in relation to Northern Ireland. Amendment No. 85 adds a reference in clause 13 to section 5 of the Criminal Law Act 1967, as the clause already refers to the equivalent Northern Ireland provision—section 5 of the Criminal Law Act (Northern Ireland) 1967.
470 The offence in section 5 of the 1967 Act and the Great Britain equivalent make it an offence to conceal information about an arrestable offence. The effect of the amendment is that evidence given to the commissioners will be inadmissible in proceedings for those offences, but only in so far as the offences relate to an offence of membership of a proscribed organisation, or other activities consistent with membership.
Amendment No. 86 adds a reference in clause 13 to sections 93H and 931 of the Criminal Justice Act 1988 and sections 18 and 19 of the Proceeds of Crime (Scotland) Act 1995, as the clause already refers to the equivalent Northern Ireland provisions—articles 50 and 51 of the Proceeds of Crime (Northern Ireland) Order 1996. Those provisions are concerned with investigations into whether a person has benefited from criminal conduct. The effect of the amendment is that evidence given to the commissioners will be inadmissible in the investigations in question, but this will not, of course, prevent such investigations from taking place.
Amendment No. 87 adds a reference in clause 13 to section 93J of the Criminal Justice Act 1988 and section 20 of the Proceeds of Crime (Scotland) Act 1995, as, again, the clause already refers to the equivalent Northern Ireland provision, namely, article 54 of the Proceeds of Crime (Northern Ireland) Order 1996. Those provisions are concerned with court orders for the disclosure of information held by Government Departments. The effect of the amendment is that evidence given to the commissioners will not be capable of being the subject of such a court order. Again, however, there is nothing in the amendments to prevent such court orders being made.