Amendments proposed to the International Criminal Court Bill [Lords] - continued House of Commons

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Mrs Cheryl Gillan
Mr Edward Garnier


Clause     65,     page     34,     line     5,     leave out from 'or' to 'that' in line 6 and insert 'consciously disregarded information which clearly indicated'.


Mr Gerald Howarth
Mr Crispin Blunt


Clause     65,     page     34,     line     10,     at end insert—

    '(2A)   it shall be a defence to any charge arising from this Act for a military commander to claim that he was faithfully discharging the responsibilities laid upon him by a Minister of the Crown.'.


Mr Gerald Howarth
Mr Crispin Blunt


Clause     65,     page     34,     line     25,     leave out subsection (5).


Mr Gerald Howarth
Mr Crispin Blunt


Clause     66,     page     35,     line     12,     leave out subsection (4).


Mrs Cheryl Gillan
Mr Edward Garnier


Clause     78,     page     41,     line     31,     leave out from 'Crown' to ', and' in line 32.


Mrs Cheryl Gillan
Mr Edward Garnier


Clause     78,     page     41,     line     33,     at end insert—

    '( )   For the avoidance of doubt, this Act does not apply to persons acting in the discharge of their duties in the public service of the Crown.'.


Mr John Battle


Clause     84,     page     44,     line     3,     leave out subsection (2).



Mrs Cheryl Gillan
Mr Edward Garnier


To move the following Schedule:—

'Rights of Person Delivered up to the ICC

    1.   All persons delivered up to the ICC under this Act shall be entitled to all the rights, protections and privileges which would be afforded to them in English law if they were facing a trial on indictment in England and Wales.

    2.   No person shall be delivered up to the ICC whether under this Act or otherwise or be subject to any of its powers whether set out in this Act or otherwise, in the absence of a written notice served in each specific case by the ICC at the time of arrest or detention of such a person which guarantees the provision of such rights, protections and privileges.

    3.   The said rights and protections and privileges in paragraph 2 shall include but not be limited to the following—

    (a)   the presumption of innocence until proven guilty;

    (b)   a public trial unless the defendant consents to a trial in secret;

    (c)   the rights to confront and cross-examine witnesses;

    (d)   conduct of proceedings in the defendant's choice at the public expense;

    (e)   the right to remain silent without the drawing of adverse inferences for such silence;

    (f)   all proceedings whether by jury or otherwise to be conducted in the first language of the accused, or with the provision by the ICC to the defence and accused of appropriate and competent interpretation; and

    (g)   a party who has been acquitted of an offence may not be retried for the same offence, or an offence on the same or similar facts.'.


    1.   The Bill shall be committed to a Standing Committee.

    2.   The Standing Committee shall have leave to sit twice on the first day on which it shall meet.

    3.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 3rd May.


    (1)   during proceedings of the Standing Committee on the International Criminal Court Bill [Lords], the Committee do meet—

    (a)   on Tuesday 10th April at five minutes to Ten o'clock and half-past Two o'clock, and

    (b)   from Tuesday 24th April, on Tuesdays, at half-past Ten o'clock and half-past Four o'clock, and on Thursdays, at five minutes to Ten o'clock and half-past Two o'clock;

    (2)   the proceedings on the Bill shall be taken in the following order, namely, Clauses 1 to 24, Schedule 2, Clauses 25 to 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, new Clauses, new Schedules;

    (3)   if not previously concluded, the proceedings of the Committee on the Bill shall be brought to a conclusion at Five o'clock on Thursday 3rd May.

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