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Amendments to the International Criminal Court Bill [H.L.]

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

Here you can browse the Second Marshalled List of Amendments to the International Criminal Court Bill [H.L.] to be moved in Committee in the House of Lords.

 The amendments have been marshalled in accordance with the Instruction of 6th February, as follows--  
 Clauses 23 and 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
Schedule 1
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 23
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
 
73     Page 13, line 9, leave out subsection (4) 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
74     Page 13, line 12, at end insert--
 
    ("(4A)  The power conferred by section 1 of the United Nations Act 1946 (power to give effect by Order in Council to measures not involving the use of armed force) includes power to make in relation to any proceedings such provision corresponding to the provision made by this section in relation to the proceedings, but with the omission--
    (a)  in subsection (1), of the words "by reason of a connection with a state party to the ICC Statute", and
    (b)  of subsections (2) and (3),
as appears to Her Majesty to be necessary or expedient in consequence of such a referral as is mentioned in article 13(b) (referral by the United Nations Security Council).")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 23 stand part of the Bill. 
  
Clause 24
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 24 stand part of the Bill. 
  
Schedule 2
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
75     Page 43, line 35, at end insert ("and shall advise the Scottish Ministers of the result of such consultation.
 
    (4)  The Scottish Ministers may direct that the criminal proceedings shall be discontinued.
 
    (5)  Where the Scottish Ministers direct that the criminal proceedings shall be discontinued, the court before which the proceedings are pending, or in progress, shall--
    (a)  order their discontinuance, and
    (b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).
    (6)  The discontinuance of criminal proceedings under this paragraph in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.")
 
76     Page 46, line 6, at end insert ("and shall advise the Scottish Ministers of the result of such consultation.
 
    (4)  The Scottish Ministers may direct that the extradition proceedings shall be discontinued.
 
    (5)  Where the Scottish Ministers direct that the extradition proceedings shall be discontinued, the court before which the proceedings are pending, or in progress, shall--
    (a)  order their discontinuance, and
    (b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the extradition of the person concerned).
    (6)  The discontinuance of extradition proceedings under this paragraph in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.")
 
77     Page 47, line 18, at end insert ("and shall advise the Scottish Ministers of the result of such consultation.
 
    (5)  The Scottish Ministers may direct that the delivery proceedings shall be discontinued.
 
    (6)  Where the Scottish Ministers direct that the delivery proceedings shall be discontinued, the court before which the proceedings are pending, or in progress, shall--
    (a)  order their discontinuance, and
    (b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the delivery of the person concerned).
    (7)  The discontinuance of delivery proceedings under this paragraph in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Schedule 2 be the second Schedule to the Bill. 
  
Clause 25
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 25 stand part of the Bill. 
  
Clause 26
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
78     Page 14, line 13, leave out ("Senior District") insert ("Circuit") 
79     Page 14, line 14, leave out ("District") insert ("Circuit") 
80     Page 14, line 16, leave out ("the Sheriff of Lothian and Borders")") and insert ("in Scotland, a sheriff") 
81     Page 14, line 18, at end insert--
    (""incapable" means incapable of--
 
 
      (a)  acting;
      (b)  making decisions;
      (c)  communicating decisions;
      (d)  understanding decisions; or
      (e)  retaining the memory of decisions,
by reason of mental disorder or of inability to communicate because of physical disability; but a person shall not fall within this definition by reason only of a lack of deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise)")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 26 stand part of the Bill. 
  
After Clause 26
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
82     Insert the following new 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.")Government responsibility to maintain law and order.
  
Clause 27
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 27 stand part of the Bill. 
  
Clause 28
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 28 stand part of the Bill. 
  
Schedule 3
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
83     Page 48, line 11, at end insert--
 
    ("  .  Any waiver of rights under paragraph 2 above shall be documented in writing by that person and witnessed by an independent person.")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Schedule 3 be the third Schedule to the Bill. 
  
Before Clause 29
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
84     Insert the following new Clause-- 
     ("  .  Schedule (Rights of persons delivered up to the ICC) shall have effect.")Rights of persons delivered up to the ICC.
  
After Schedule 3
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
85     Insert the following new Schedule-- 
 ("SCHEDULE 
 RIGHTS OF PERSONS 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 by 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 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 right to confront and cross-examine witness;
    (d)  conduct of proceedings in the defendant's first language;
    (e)  representation by counsel of the defendant's choice at the public expense;
    (f)  the right to remain silent without the drawing of adverse inferences from such silence;
    (g)  all proceedings whether by jury or otherwise to be conducted in the first language of the accused, or with provision by the ICC to the defence and accused of appropriate and competent interpretation; and
    (h)  a party who has been acquitted of an offence may not be retried for the same offence, or an offence based on the same or similar facts.")
 
  
Clause 29
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
86     Page 15, line 26, at end insert ("or under the criminal law applicable in the state of which he is a national") 
87     Page 15, line 30, leave out subsection (6) 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 29 stand part of the Bill. 
  
Clause 30
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
88     Page 15, line 37, leave out ("sensitive") 
89     Page 15, line 37, at end insert ("which is deemed to prejudice the taking of evidence by the ICC from witnesses, victims or alleged accused,") 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 30 stand part of the Bill. 
  
Clause 31
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 31 stand part of the Bill. 
  
Clause 32
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
90     Page 16, line 24, at end insert--
 
    ("(1A)  Where the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.")
 
91     Page 16, line 25, leave out ("Secretary of State") and insert ("relevant Minister") 
92     Page 16, line 27, leave out ("Secretary of State") and insert ("relevant Minister") 
93     Page 16, line 38, at end insert--
    ("(  ) a person serving a sentence in a prison, or in a young offenders institution, to which the Prisons (Scotland) Act 1989 applies,")
 
94     Page 16, leave out lines 41 and 42 and insert--
    ("(ba)  a person detained in custody otherwise than in pursuance of a sentence, including in particular--
          (i)  a person in custody awaiting trial or sentence,
          (ii)  a person committed to prison for contempt or for default in paying a fine,
          (iii)  a person in custody in connection with proceedings to which Part II or III of Schedule 2 applies (extradition or other delivery proceedings),
          (iv)  a person detained under any provision of the Immigration Act 1971.
    (5A)  For the purposes of the Immigration Acts (within the meaning of the Immigration and Asylum Act 1999) a person detained under any provision of the Immigration Act 1971 is not to be regarded as having left the United Kingdom at any time when a transfer warrant is in force in respect of him (including any time when he is in the custody of the ICC).")
 
95     Page 16, line 42, at end insert--
 
    ("(6)  In this section, "the relevant Minister" means--
    (a)  in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State;
    (b)  in relation to a person detained in Scotland, the Scottish Ministers.")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 32 stand part of the Bill. 
  
Clause 33
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 33 stand part of the Bill. 
  
Clause 34
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 34 stand part of the Bill. 
  
Schedule 4
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Schedule 4 be the fourth Schedule to the Bill. 
  
Clause 35
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 35 stand part of the Bill. 
 
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Prepared 9 February 2001