Amendments Nos. 28 and 29 are cognate and may be taken together by agreement.
SECTION 11.
I move amendment No. 28:
In page 13, subsection (1), line 31, to delete "or 9 (1)" and substitute ", 9 (1) or 12 (1)".
This is a drafting amendment consequential on an earlier amendment.
Amendment agreed to.
I move amendment No. 29:
In page 13, subsection (2), line 42, to delete "or 9 (1)" and substitute ", 9 (1) or 12 (1)".
Amendment agreed to.
Amendment No. 31 is an alternative to amendment No. 30 and they may be taken together by agreement.
I move amendment No 30:
In page 14, subsection (5), line 21, to delete "£1,000" and substitute "£3,000".
I have no wish to be garrulous and go on just for the sake of it, but it seems that £1,000 is a relatively small amount of money, particularly since this sum will be fixed for some considerable time if the last solicitors' legislation is anything to go by. They section states, "a fine not exceeding £1,000" but I am suggesting that should read "not exceeding £3,000." That would give the court greater leeway over a period. For some transactions a fine of up to £3,000 would not be substantial. It would be a matter for the court to make a decision on what would be reasonable but a maximum of £1,000 seems to be a relatively small amount which would not be much of a deterrent.
I agree with Deputy Mitchell's point but I have a difficulty in that I am advised that a summary offence should not attract a penalty of more than £1,000. However, one sees summary offences in legislation with a more unpleasant alternative punishment. Perhaps we could make some changes along the lines of an alternative rather than increasing the fine which, ideally, I would like to do. We could, perhaps, put in an alternative of imprisonment because we are dealing with somebody who will not obey a directive, a determination or a ruling of the Law Society. If there is no incentive to compel people to obey it there is little point in having it there in the first place.
The Minister and I are on the same wavelenth in terms of the alternatives available. I have something against imprisonment in that the only people who should be imprisoned are those whom it is not safe to have on the streets. The penalty should, however, be broader. I know the limitation of the summary offence but, perhaps, we could get a formula that includes "or on indictment" which would leave open the possibility of a greater sum. As the Minister is agreeable to look at that for Report Stage I will not press the amendment.
Amendment, by leave, withdrawn.
Amendment No. 31 not moved.
Section 11, as amended, agreed to.
Section 12 agreed to.