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Lord Archer of Weston-Super-Mare: My intention in proposing the criminalisation of certain breaches of the first protocol was to ensure that those contraventions not deemed "grave breaches" but nevertheless of sufficient seriousness should be treated like grave breaches. However, it has been brought to my attention that the sort of misconduct which would constitute a breach of the first protocol is in many cases already covered by the existing criminal law and by the Armed Forces disciplinary codes.

The United Kingdom views any breach of the Geneva Conventions with the utmost seriousness and I am confident that any contravention of the additional protocols will be properly dealt with by the due process of law. Moreover, elevation of certain contraventions of the first protocol to "grave breach" status would, in some circumstances, risk imposing severe penalties on relatively minor offences. This clause is not required to enable ratification of the protocols and I therefore oppose the Question that it should stand part of the Bill.

Clause 2 negatived.

Clause 3 [Amendment to Section 6 of Act of 1957]:

Lord Archer of Weston-Super-Mare moved Amendment No. 4:


Page 2, line 44, leave out from ("subsection (1)") to the end of line 18 on page 3 and insert:
("(a) for the words "Army Council" there shall be substituted the words "Secretary of State"; and
(b) after paragraph (c) there shall be inserted the following paragraphs—
"(d) the sign of an equilateral blue triangle on, and completely surrounded by, an orange ground, being the international distinctive sign of civil defence;

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(e) any of the distinctive signals specified in Chapter III of Annex I to the first protocol, being the signals of identification for medical units and transports."
( ) In subsection (2)—
(a) for the words "Board of Trade" there shall be substituted the words "Secretary of State"; and
(b) after paragraph (b) there shall be inserted the following paragraphs—
"(c) any design so nearly resembling the sign specified in subsection (1) (d) of this section as to be capable of being mistaken for that sign;
(d) any signal so nearly resembling any of the signals referred to in subsection (1) (e) of this section as to be capable of being mistaken for one of those signals." ").

The noble Lord said: In moving this amendment, I shall speak also to Amendments Nos. 5 to 12. The amendments to Clause 3, like those to Clause 1, do not significantly alter the substance of the original provisions of the Bill. To keep the formulation of the Bill in line with current legislative practice, Amendments Nos. 4 and 5 confer protecting authority for use of the Red Cross and other emblems and their imitations on the Secretary of State. Arrangements resulting from the legislation will of course clarify where responsibility for the various emblems will lie. Although the provision of any regulation-making power for the Secretary of State in connection with the use of emblems and designations is removed from this clause, subsequent amendment to Clause 4 makes the necessary provision.

As in the original Clause 3 of the Bill, provision has also been made, through Amendment No. 4, for the addition to the list of protected emblems and designations of the international civil defence sign and the distinctive signals of identification for medical units and transports. Amendments Nos. 4 and 6 also ensure that all provisions in the 1957 Act which relate to the use of protected emblems and designations, including the forfeiture provision in relation to misuse of such emblems and designations on goods and other articles, are also extended to these signs and signals. However, in line with the current provisions of the 1957 Act, a defence is provided for use of trade marks, other designs and wording resembling these signs and signals, if they have been in use before the passage of this Bill. The opportunity has also been taken to update other subsections of Section 6. The remaining amendments to this clause are merely minor drafting changes. I beg to move.

On Question, amendment agreed to.

Lord Archer of Weston-Super-Mare moved Amendments Nos. 5 to 12:


Page 3, line 19, leave out subsection (4).
Page 3, leave out line 31 and insert:
("(b) after the word "goods" there shall be inserted the words "or other article"; and").
Page 3, leave out lines 32 to 34 and insert:
("(c) after the word "designation," there shall be inserted the words "sign, signal,".").
Page 3, line 34, at end insert:
("( ) After subsection (4) there shall be inserted the following subsection—

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"(4A) Subsection (4) of this section shall apply in relation to a design reproducing or resembling the sign specified in paragraph (d) of subsection (1) of this section as it applies to designs reproducing or resembling an emblem specified in paragraph (b) or (c) of that subsection.
For the purposes of this subsection references in subsection (4) of this section to the passing of this Act shall be construed as references to the passing of the Geneva Conventions (Amendment) Act 1995." ").
Page 3, line 36, after ("for") insert ("the words").
Page 3, line 36, leave out ("inserted") and insert ("substituted").
Page 3, leave out line 38 and insert:
("(b) for the words from "any British" to the end there shall be substituted the words "—
(a) any British ship (within the meaning of the Merchant Shipping (Registration, etc.) Act 1993);
(b) any British-controlled aircraft or hovercraft (within the meaning of section 92 of the Civil Aviation Act 1982 or, as the case may be, that section as applied to hovercraft by virtue of provision made under the Hovercraft Act 1968)." ").
Page 3, leave out lines 40 to 43 and insert:
("(a) after the word "proceedings" there shall be inserted the words "for an offence"; and
(b) for the words "Attorney General" there shall be substituted the words "Director of Public Prosecutions".").

On Question, amendments agreed to.

Clause 3, as amended, agreed to.

Clause 4 [Regulations]:

Lord Archer of Weston-Super-Mare moved Amendment No. 13:


Page 4, leave out lines 3 to 48 and insert:

("Regulations.

6A.—(1) The Secretary of State may make regulations—
(a) granting the authority of the Secretary of State for the purposes of subsection (1) or (2) of section 6 of this Act to persons of any description prescribed in the regulations for the use of any emblem, designation, sign, signal, design or wording referred to in those subsections;
(b) making such provision as he may think appropriate for regulating the use for the purposes of any of the scheduled conventions, the first protocol or the second protocol of any emblem, designation, sign or signal;
and any authority granted by regulations under paragraph (a) of this subsection may be subject to such limitations and conditions as may be prescribed in the regulations.
(2) Paragraph (a) of the foregoing subsection is without prejudice to the Secretary of State's power to give his authority under subsection (1) or (2) of section 6 of this Act otherwise than by regulations under this section.
(3) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.").

The noble Lord said: The aim of Clause 4 of the Bill is to provide for regulations to govern the establishment of bodies for assigning, recognising and authorising personnel, medical units, voluntary aid societies, civil defence organisations, and medical transports for the purposes of Protocol I. However, I understand that most of these matters can be provided for administratively. This amendment therefore removes the list of such matters in the current Clause 4 and simply grants to the Secretary of State the power to make any regulations

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necessary to control use of the emblems. Given that any such regulations will not be in any way contentious, there appears little need for affirmative resolution and provision is therefore made for negative resolution. I beg to move.

On Question, amendment agreed to.

Clause 4, as amended, agreed to.

Clause 5 [Amendment to Section 7 of Act of 1957]:

Lord Archer of Weston-Super-Mare moved Amendments Nos. 14 to 19.


Page 5, line 1, at end insert:
("( ) In the definition of "protected internee", after the word "Act" there shall be inserted the words "(including a person so protected by virtue of the first protocol)".").
Page 5, line 3, leave out from ("words") to the end of line 5 and insert (""(including a person protected as a prisoner of war under the first protocol) or a person entitled under the first protocol to the same protection as a prisoner of war;".").
Page 5, line 5, at end insert:
("( ) After the definition of "protected prisoner of war" there shall be inserted the following definition—
""the first protocol" means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol I) done on 10 June 1977, the text of which is set out in the Fifth Schedule to this Act;" ").
Page 5, line 6, leave out from ("power"") to end of line 9 and insert ("for the words from "or, as" to the end there shall be substituted the words "Schedule to this Act, the convention set out in the Fourth Schedule to this Act or the first protocol;".").
Page 5, line 11, leave out from ("the") to the end of line 13 and insert ("following definition—
""the second protocol" means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) done on 10 June 1977, the text of which is set out in the Sixth Schedule to this Act." ").
Page 5, leave out lines 15 to 21 and insert ("subsections—
"(3) If the ratification by the United Kingdom of the first protocol or the second protocol is subject to any reservation or accompanied by a declaration—
(a) Her Majesty may by Order in Council certify that such a reservation or declaration has been made and the terms in which it was made; and
(b) the protocol shall for the purposes of this Act be construed subject to and in accordance with any reservation or declaration so certified.
(4) If such a reservation or declaration is withdrawn (in whole or part), an Order in Council under the foregoing subsection may certify that fact and revoke or amend any Order in Council containing the terms of that reservation or declaration.
(5) If the first protocol is further revised under Article 98 of the protocol, Her Majesty may by Order in Council amend the Fifth Schedule to this Act so as to ensure that the Schedule sets out the text of the protocol as in force in relation to the United Kingdom." ").

The noble Lord said: Section 7 of the 1957 Act, which Clause 5 seeks to amend, contains various definitions of terms used in the Geneva Conventions legislation. As with previous clauses, it has been necessary to make some purely drafting changes to Clause 5, and these will be achieved by Amendments Nos. 14 to 18. Once again, this does not alter the effect of this clause, but is simply intended to tidy it up. Put simply, Amendment No. 19 will

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enable legal effect to be given to any reservations and declarations made on ratification, and will enable the legislation to keep up-to-date with future changes, either to reservations or declarations that have been made under subsection (3), or to Protocol I itself. Amendment No. 20 is, thankfully, more straightforward. The two repeals that will be made by subsections (a) and (b) take account of changes that have occurred since 1957 and will bring the legislation up-to-date. I beg to move.

On Question, amendments agreed to.

Clause 5, as amended, agreed to.


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