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Caroline Flint: The answer to the hon. Gentleman's first question is yes. On his second question, the protocol does not apply to overseas territories or Gibraltar, the Channel Islands or the Isle of Man. They can all join it, but that is their decision. I have listened to the hon. Gentleman's points about accounts of general activities, and I am sure that my officials are listening too.
Mr. Heath: I am a little alarmed by that, and I hope that the Minister will have discussions with both Treasury and Foreign and Commonwealth Office colleagues about it. It is time that we took seriously our responsibilities for overseas territories, especially in the case of Gibraltar, which is part of the territory of the European Union, so it should have parallel legislation. If it does not, there should be an exchange of views between the Foreign and Commonwealth Office and the Chief Minister of Gibraltar.
Clause 46 ordered to stand part of the Bill.
Clause 47
Transfer of uk prisoner to assist investigation abroad
Mr. James Paice (South-East Cambridgeshire): I beg to move amendment No. 103, in
clause 47, page 27, line 28, leave out 'competent' and insert 'relevant judicial'.
I knew it would be worth coming to the Committee this morning. I shall begin by adding my congratulations to the Minister on her appointment. I commend her on the way in which she has fulfilled her responsibilities in the past two hours or so. I have just seen the clock, and this is the worst possible time to be moving an amendment. I shall endeavour to speak to it briefly so that I do not have to try to remember where I was in the middle of a sentence at 2.30 pm.
Amendment No. 103 relates to chapter 5 of the Bill, which is about the transfer of prisoners abroad. There are more significant issues to raise later, so this is simply an exploratory amendment on the definition of the term ''competent''. We have suggested that that should be deleted and that the Secretary of State, pursuant to an agreement with the judicial authority of a participating country, should issue the warrant.
I recognise from the debate in the other place that in the UK not all the competent authorities will be judicial authorities. Customs and Excise, the Crown Prosecution Service and the Prison Service could be described as competent authorities. I readily accept that perhaps the word ''judicial'' is not appropriate, but I should like the Minister to explain a little more about what the Government might think is a competent authority from abroad. Will it be a body listed in a bilateral arrangement? Will there have to be any previous arrangement about which are the competent authorities in participating countries, and certainly in the country that is requesting the transfer of a prisoner, or will a decision on whether a body is competent be made by our Government on each individual occasion?
Column Number: 189
I am concerned that some measures in the Bill are tending to assume that the body abroad, which will be making various requests—in the context of this clause, it will be the request for a transfer of a prisoner—will be the right authority. We must bear in mind the types
Column Number: 190
of countries with which we may be having such a relationship.
It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee pursuant to the Standing Order.
Adjourned till this day at half-past Two o'clock.
The following Members attended the Committee:
Hurst, Mr. Alan (Chairman)
Cairns, David
Flint, Caroline
Gardiner, Mr
Hawkins, Mr
Heath, Mr
Heppell, Mr
Hesford, Stephen
Iddon, Dr
Jamieson, Mr
Knight, Jim
McDonagh, Siobhain
Paice, Mr
Simmonds, Mr
Syms, Mr
Wiggin, Mr
Woodward, Mr
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