Partnerships (Prosecution) (Scotland) Bill [HL]

Lord Kerr of Kinlochard Excerpts

Tuesday 4th December 2012 Grand Committee

[Lord Kerr of Kinlochard]

My Lords, not having a brief and not being a brief, I can be brief. I should just like to say three things. I thank the Minister for bringing forward this Bill, which is clearly necessary to remedy a loophole that came to light following the tragedy. I also thank him for the meticulous way in which he briefed the unbriefed; I am very grateful for that.

For me, the most important thing that the Minister said today is something that I had deduced: there is no expansion of criminality in the Bill. The criminal law is not extended by the Bill. What happens here is that a technical bar—I think that was the Minister’s word—is removed. That seems very important and reassuring.

I have not heard from the Law Society of Scotland, but my only concern was with the question raised by the Minister himself in relation to Clause 4(4)(c). Suppose that a new partner is admitted—or a series of new partners, cumulatively—and that Clause 4(4)(a) applies as well as Clause 4(4)(c). The partnership still exists but the people are completely different. Could we have an explanation of what the situation would be? This may be a daft question. The noble Baroness, Lady Liddell, said that she might ask daft questions but she did not insist that she be the only one to do so, so I demand the right as well.

Having heard the noble Lord, Lord Stephen, I also look forward to hearing why one needs the words in Clause 4(1)(b),

“continues to carry on business”.

I, too, should like to be reassured that there could not be some unintended consequence.