International Criminal Court Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 39
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
103     Page 18, line 11, at end insert ("save in so far as such production or disclosure is reasonably required to ensure the protection of the rights of the subject of the ICC proceedings") 
  
Schedule 7
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
104     Page 60, line 44, at end insert--
 
    ("(  )  Notwithstanding anything in the preceding sections, a person convicted by the ICC and serving his sentence in the United Kingdom shall serve a sentence which is no longer than the maximum for that offence in the United Kingdom, and shall be subject to the same rules on parole, remission, credit for time served on remand and early release as other serving prisoners who are United Kingdom nationals.")
 
  
Clause 49
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill. 
  
Clause 50
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
105*     Page 23, line 38, leave out subsections (2) and (3) 
106     Page 24, line 18, leave out subsection (5) 
  
Schedule 8
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
107     Page 61, line 35, leave out paragraph (k) 
  
Clause 51
 
  
BY THE LORD AVEBURY
THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
 
108     Page 24, line 29, after ("person") insert (", whatever his nationality,") 
  
BY THE LORD AVEBURY
 
109     Page 24, line 29, at end insert ("in the United Kingdom or elsewhere") 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
THE LORD CLINTON-DAVIS
 
110     Page 24, line 29, at end insert ("whether committed within England and Wales or outside the United Kingdom") 
  
BY THE LORD AVEBURY
THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
 
111     Page 24, line 30, leave out subsection (2) 
  
Clause 52
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
THE LORD CLINTON-DAVIS
 
112     Page 24, line 35, after ("person") insert (", whatever his nationality,") 
113     Page 24, line 35, leave out ("act to which this section applies") and insert ("offence under section 51, whether committed within England and Wales or outside the United Kingdom") 
114     Page 24, line 36, leave out subsection (2) 
  
Clause 54
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
115     Page 25, line 37, leave out subsection (2) 
116     Page 25, line 38, leave out ("shall") insert ("may") 
117     Page 26, line 13, leave out ("or with the consent of") 
118*     Page 26, line 14, at end insert ("whose consent shall be subject to judicial review") 
119     Page 26, line 22, at end insert--
 
    ("(  )  The courts shall have no power to grant an injunction or other interim relief against the Crown, its agents or any member of Her Majesty's armed forces in respect of an offence or ancillary offence.")
 
  
Clause 57
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 57 stand part of the Bill. 
  
Clause 58
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
THE LORD CLINTON-DAVIS
 
120     Page 27, line 40, after ("person") insert (", whatever his nationality,") 
121     Page 27, line 41, at end insert ("whether committed within Northern Ireland or outside the United Kingdom") 
122     Page 27, line 42, leave out subsection (2) 
  
Clause 59
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
THE LORD CLINTON-DAVIS
 
123     Page 28, line 2, after ("person") insert (", whatever his nationality,") 
124     Page 28, line 3, leave out ("act to which this section applies") and insert ("offence under section 51, whether committed within Northern Ireland or outside the United Kingdom") 
125     Page 28, line 4, leave out subsection (2) 
  
Clause 65
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
126*     Page 31, line 10, leave out from ("or") to ("that") in line 11 and insert ("consciously disregarded information which clearly indicated") 
  
After Clause 66
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
127     Insert the following new 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 of continuing or imminent serious bodily harm against that person, or another person, and
    (b)  the person acts necessarily and reasonably to avoid this threat.")
Defence against unlawful use of force.
  
Clause 70
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
128     Page 33, line 36, at end insert ("any Part V offence.
 
    (2A)  Part V offence" means--")
 
129     Page 33, line 42, leave out subsection (3) and insert--
 
    ("(2B)  For the purposes of Schedule 1 to the 1989 Act, conduct, wherever committed, which constitutes--
    (a)  a Part V offence, and
    (b)  an offence against the law of any state in relation to which that Schedule has effect,
shall be deemed to be an offence committed within the jurisdiction of that state.
 
    (2C)  If any conduct would constitute a Part V offence if committed in the United Kingdom then, notwithstanding that it does not constitute such an offence--
    (a)  a person whose surrender is sought in respect of that conduct may be surrendered by the United Kingdom in pursuance of an Order in Council to which subsection (2) applies, and
    (b)  subsection (2B) applies to the conduct as if it constituted a Part V offence.")
 
  
After Clause 70
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
130*     Insert the following new 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")
Reporting of consultation between ICC and Secretary of State.
  
Clause 73
 
  
BY THE EARL ATLEE
 
131     Page 36, line 15, leave out ("court rtial") and insert ("court-martial") 
  
After Clause 75
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
132     Insert the following new Clause-- 
     ("  .  The national courts of the United Kingdom may have regard to the verbatim transcripts of both Houses of Parliament of the United Kingdom (Hansard) and any equivalent reports of the devolved chambers of the United Kingdom when interpreting this Act.")Verbatim transcripts.
  
Clause 76
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
133     Page 37, line 20, leave out ("and (3)") and insert (", (3) and (4A)") 
  
Clause 77
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
134     Page 37, line 37, leave out from ("Crown") to (", and") in line 38 
135     Page 37, line 39, 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.")
 
  
Clause 78
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
136     Page 37, line 41, after ("except") insert ("section 32 (transfer of prisoner to give evidence or assist in investigation) and") 
  
Schedule 1
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
137     Page 40, line 41, after ("shall,") insert ("unless the contrary is shown on the balance of probabilities,") 
 
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Prepared 7 February 2001