HL Deb 30 April 1935 vol 96 cc729-32

Order of the Day for the Second Reading read.

THE EARL OF FEVERSHAM

My Lords, this is a short Bill consisting of four substantive clauses and a, Schedule. Its purpose is simple and, I think, its provisions are such as will be generally agreed. I have therefore no hesitation in submitting the Bill for your Lordships' approval. The immediate purpose of the Bill is to enable His Majesty's Government to ratify the International Convention for the Suppression of Counterfeiting Currency which was concluded at Geneva in 1929, when it was signed on behalf of His Majesty's Government. The object of the Convention is, as its name implies, the suppression of counterfeiting currency—which expression includes paper money as well as coins. The Convention contains legislative and administrative provisions. Thus, the High Contracting Parties agree that the fraudulent manufacture or attempted manufacture, uttering, possession and import of counterfeit currency, and the possession of tools or implements for its manufacture should be criminal offences and also extradition crimes. They also agree that the appropriate authorities in the several States should communicate to one another information regarding any discoveries of counterfeit currency, etc., except of course cases of purely local interest, and should generally render each other assistance.

For the most part our existing law is already in accordance with the legislative provisions of the Convention, and its administrative provisions involve no substantial change in our established practice. There are, however, certain respects where the existing law is not quite in harmony with the Convention, and it is the purpose of the Bill to bring it into harmony in these respects so that the Convention can be ratified. Thus it is that the Convention provides, firstly, that offences in relation to foreign currency should be punishable with the same penalties as the corresponding offences in relation to domestic currency; secondly, that counterfeit currency and the apparatus used in its counterfeiting which may have been seized should, after the offender's prosecution, be delivered on request to the State or bank concerned; and, thirdly, that attempts to commit counterfeiting offences should be extradition crimes.

At present, the maximum penalties in this country for offences committed in' relation to His Majesty's currency are generally more severe than those for the same offences in relation to foreign currency. There is no reason why this distinction should be maintained. Clauses 1 and 3 of the Bill accordingly have the effect of giving foreign currency the same protection in this respect as our own currency. Clause 2 enables a court to order the delivery to the Secretary of State of any forged bank note or apparatus used, or intended to be used, for the manufacture of forged notes which may have been seized under the existing law. This will enable it to be handed over on request to the State or bank concerned. The clause, it will be observed, confers no new power of seizure, since the existing powers are adequate. Further, the clause is limited to paper money, since suitable provision already exists in the case of coins. As I have already mentioned, the Convention provides that attempts to commit counterfeiting offences as well as the substantive offences should be extradition crimes. At present, whilst our Extradition Acts enable extradition to be granted for substantive counterfeiting offences, they do not allow of extradition being granted for attempts to commit these offences. Clause 4 accordingly adds attempts to commit these offences to the list of extradition crimes in the Extradition Acts.

I have little hesitation in thinking that your Lordships will agree that our law may properly be amended in these three respects. No new principle is being introduced and I think it is to the credit of this country that our existing law is so satisfactory that no important amendment is required in order to enable His Majesty's Government to give effect to the Convention. This country has for many years co-operated with other States in the prevention of the counterfeiting of currency, and the passage of this Bill will enable His Majesty's Government to place on record at Geneva its formal ratification of a Convention which is now binding on no fewer than twenty-two parties, and thereby publicly declare its desire to work in friendly co-operation with other States in a matter of international concern. Further, I should mention that by ratifying the Convention we shall secure the benefit of the Convention for the protection of our currency abroad. For these reasons, I beg to ask your Lordships' House to give this Bill a Second Reading.

Moved, That the Bill be now read 2a.—(The Earl of Feversham.)

On Question, Bill read 2a, and committed to a Committee of the Whole House.