Joanna Tuffy (Labour)

I move amendment No. 14:

In page 28, between lines 10 and 11, to insert the following subsection:

"(5) Where a freezing order is made, and proceedings are pending in the High Court or another court, in which relief referred to in the definition of "realisable property" in section 41 is claimed, the High Court shall, on the making of a freezing order under this section, order the discharge of those proceedings and any interim or interlocutory order in the nature of a freezing order made in those proceedings.".

The purpose of this amendment is to avoid many applications for freezing orders related to the same property. Section 36 already provides that where a freezing order is made under other legislation an order cannot be made under section 37 of the Bill. However, the Bill does not deal with cases where an application for a freezing order under the legislation is pending at the time that a freezing order is sought under this Bill. We suggest that a freezing order in favour of the International Criminal Court should take priority and accordingly, on the making of such a freezing order, any application for a freezing order related to the same property under other legislation should be discharged. We do not believe it would be right to seek several inconsistent and incompatible applications relating to the same property, only one of which could succeed in practice.