House of Commons portcullis
House of Commons

Publications on the internet
Index of Amendments

S.C.D.

Amendment Paper as at
Tuesday 24th April 2001

STANDING COMMITTEE D


New Amendments handed in are marked thus *

INTERNATIONAL CRIMINAL COURT BILL [LORDS]

    RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

       The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following resolution on Monday 23rd April (Sessional Order C relating to Programming):

       That the remaining proceedings on the International Criminal Court Bill [Lords] shall be taken in the following order, namely, Clauses 2 to 24, Schedule 2, Clauses 25 and 26, new Clauses Nos. 1 to 8 (if selected by the Chairman), Clauses 27 and 28, Schedule 3, Clauses 29 to 34, Schedule 4, Clauses 35 to 37, Schedule 5, Clause 38, Schedule 6, Clauses 39 to 42, Schedule 7, Clauses 43 to 50, Schedule 8, Clauses 51 to 54, Schedule 9, Clauses 55 to 83, Schedule 10, Clause 84, Schedule 1, remaining new Clauses, new Schedules.


       Mr John Battle has given notice of his intention to move a motion in the terms of the resolution of the Programming Sub-Committee. Debate on such a motion may continue for half an hour [Sessional Order C(6) relating to Programming (7th November 2000)].


   

Mr Crispin Blunt
Mr Gerald Howarth

38

Clause     2,     page     2,     line     8,     at end insert 'unless he is satisfied that the person referred to is a citizen of the United Kingdom or the crime alleged was carried out on the territory of the United Kingdom.

    (1A)   If he is satisfied that the person referred to is a citizen of the United Kingdom or the crime alleged was carried out on the territory of the United Kingom the Secretary of State will commence proceedings under Article 19 of the ICC Statute to challenge the jurisdiction of the ICC.

    (1B)   If the challenge to the ICC under subsection (1A) is unsuccessful—

    (a)   an enquiry shall be held by a joint committee of both Houses of Parliament as to why the ICC had satisfied itself that the United Kingdom had not properly discharged its obligations under Article 17, and if the Committee finds that the judgement of the ICC was in the judgement of the Committee unreasonable it shall request Her Majesty's Government to give notification of withdrawal under Article 127;

    (b)   he shall transmit the request and documents accompanying it to an appropriate judicial officer.'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

14

Clause     2,     page     2,     line     10,     leave out 'shall' and insert 'may'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

15

Clause     2,     page     2,     line     15,     leave out 'shall' and insert 'may'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

22

Clause     2,     page     2,     line     19,     after 'demonstrate', insert 'beyond reasonable doubt'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

16

Clause     2,     page     2,     line     24,     leave out 'shall' and insert 'may'.


   

Mrs Cheryl Gillan
Mr Edward Garnier

17

Clause     3,     page     2,     line     34,     leave out 'shall' and insert 'may'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

18

Clause     3,     page     2,     line     41,     leave out 'shall' and insert 'may'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

19

Clause     3,     page     3,     line     3,     leave out 'shall' and insert 'may'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

21

Clause     3,     page     3,     line     10,     leave out 'shall' and insert 'may'.


   

Mrs Cheryl Gillan
Mr Edward Garnier

23

Clause     5,     page     4,     line     3,     after 'court', insert 'or courts-martial in the case of service personnel'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

24

Clause     5,     page     4,     line     10,     at end insert ', and

    (c)   that there is a prima facie case, on the evidence to be heard.'.

   

Mr Crispin Blunt
Mr Gerald Howarth

39

Clause     5,     page     4,     line     10,     at end insert 'and

    (c)   that the person brought before the court is not a citizen of the United Kingdom'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

25

Clause     5,     page     4,     line     25,     at end insert 'that the Secretary of State has reasonable grounds for being unwilling or unable to investigate and prosecute the named person'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

26

Clause     5,     page     4,     line     36,     at end insert ', or

    (c)   that there is reason to believe that the person would not receive a fair trial in accordance with principles of United Kingdom law'.

   

Mr Crispin Blunt
Mr Gerald Howarth

40

Clause     5,     page     4,     line     42,     at end insert—

    '(10)   If the competent court is satisfied that the person brought before the court is a citizen of the United Kingdom it shall adjourn the proceedings and notify the Secretary of State.

    (11)   On receipt of notification from the competent court that the warrant of the ICC refers to a citizen of the United Kingdom the Secretary of State will commence proceedings under Article 19 of ICC Statute to challenge the jurisdiction of the ICC.

    (12)   If the challenge to the ICC under subsection (11) is unsuccessful—

    (a)   an enquiry shall be held by a joint committee of both Houses of Parliament as to why the ICC had satisfied itself that the United Kingdom had not properly discharged its obligations under Article 17, and if the Committee finds that the judgement of the ICC was in the judgement of the Committee unreasonable it shall request Her Majesty's Government to give notification of withdrawal under Article 127;

    (b)   the competent court shall resume its proceedings and make a delivery order.".'.


   

Mrs Cheryl Gillan
Mr Edward Garnier

20

Clause     12,     page     8,     line     35,     at end insert—

    '( )   The Secretary of State shall not give directions for the execution of a delivery order where it does not appear to him to be in the public interest to do so.'.


   

Mr Robert Maclennan
Mr Mark Oaten

41

Clause     23,     page     14,     line     17,     leave out subsection (4) and insert—

    '( )   Where, in a particular case, the ICC has not made a final determination as to whether Article 98 of the Statute applies to a request, the Secretary of State may postpone his consideration of the request and consult with the ICC; and if the ICC advises that it has considered Article 98 and that it intends to proceed with the request, the Secretary of State must continue to deal with the request under this Part.'.

   

Mr Crispin Blunt

52

*Clause     23,     page     14,     line     17,     leave out subsection (4).


NEW CLAUSES

Jurisdiction of the Court

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC1

To move the following Clause:—

       '.—This Act shall have effect, subject to the making of a declaration by Her Majesty's Government in accordance with Article 124 of the ICC Statute, with the proviso that for a period of seven years after the entry into force of the Statute the United Kingdom does not accept the jurisdiction of the Court with respect to the category of crimes referred to in Article 8 when such crimes are alleged to have been committed by United Kingdom nationals or on United Kingdom territory.'.


Government responsibility to maintain law and order

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC2

To move the following Clause:—

       'Nothing in the ICC Statute shall affect the responsibility of the Government to maintain or re-establish law and order in the State, or to defend the unity and territorial integrity of the State, by all legitimate means at its disposal.'.


Defence against unlawful use of force

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC3

To move the following Clause:—

    '.—(1)   A person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for survival of the person, or another person, or property which is essential for accomplishing a military mission, when he acts against an imminent and unlawful use of force in a manner proportionate to the degree of danger to that person, or the other person, or property protected.

    (2)   A person may rely on the above defence if he can establish, on the balance of probabilities, that he was acting as part of a defensive operation and/or there was a necessity to act in this way.

    (3)   It shall be a defence to any allegation under the ICC Statute, that the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been—

    (a)   caused by duress resulting from a threat of imminent death or constituting imminent serious bodily harm against that person, or another person, and

    (b)   the person acts necessarily and reasonably to avoid this threat.'.


Reporting of consultation between the ICC and Secretary of State

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC4

To move the following Clause:—

       'The Secretary of State shall, following any consultation prior to any proposed warrant, or actual warrant, from the ICC, lay a report before the Foreign Affairs Select Committee of the House of Commons, or any ad hoc committee of that Committee, setting out in particular—

    (a)   the nature of the proposed warrant;

    (b)   the grounds for refusal to accept the warrant; and

    (c)   any reasons given by the Secretary of State why he considers that a warrant should not be issued, or that the case has been dealt with and/or, that the case will be dealt with under United Kingdom jurisdiction.'.

 
contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2000
Prepared 24 Apr 2001