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Amendments to the Crime (International Co-operation) Bill [HL]

Crime (International Co-operation) Bill [HL]


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 83

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 55, line 16, at end insert—
"(   )  In subsection (1)(c) it is "not reasonably practicable" to make such request as is mentioned therein only if the duration of the foreign police or customs officer's travel to the United Kingdom is shorter than could reasonably allow for prior authorisation to be sought."
Page 55, line 25, after "party" insert "and which is an offence under the law of any part of the United Kingdom,"
Page 55, line 27, at end insert—
"(   )  A foreign police or customs officer conducting relevant surveillance in the United Kingdom under this section shall ensure that such persons as may be designated by order made by the Secretary of State are immediately informed of the fact that the United Kingdom's border has been crossed."
Page 55, line 27, at end insert—
"(   )  A foreign police or customs officer conducting relevant surveillance in the United Kingdom under this section shall be prohibited from—
(a)  entering a private home or any other place not accessible to the public, and
(b)  challenging or arresting a person under surveillance."
Page 55, leave out lines 28 to 32
Page 55, line 28, at beginning insert "Subject to subsection (4A),"
Page 55, line 29, leave out "for all purposes"
Page 55, line 32, at end insert—
"(4A)  Relevant surveillance carried out by a foreign police or customs officer in the United Kingdom during the permitted period is to be lawful for all purposes only if the surveillance would otherwise be lawful under the law of any part of the United Kingdom notwithstanding its compliance with any conditions specified in an order made under subsection (4)."
Page 55, line 32, at end insert—
"(4B)  Nothing in this section shall render lawful the carrying of a firearm within the United Kingdom by a foreign police or customs officer."
Page 55, line 32, at end insert—
"(4C)  Nothing in this section shall render lawful the carrying of a firearm within the United Kingdom by a foreign police or customs officer except with the permission of either—
(a)  the Secretary of State acting personally, or
(b)  a chief officer of police acting personally.
(4D)  The permission to carry a firearm referred to in subsection (4C) may only be given in circumstances in which it would be given to a constable acting under the law of the United Kingdom.
(4E)  Where the permission to carry a firearm is given to a foreign police or customs officer under this subsection then that firearm may only be used reasonably and in self-defence."
Page 55, leave out lines 33 to 35
Page 55, line 34, leave out "incidental to" and insert "a necessary element of"
Page 55, line 35, at end insert—
"(   )  A foreign police or customs officer carrying out relevant surveillance under this section is a "public authority" for the purposes of section 6 of the Human Rights Act 1998 (c. 42) (public authorities).
(   )  Nothing in this section shall have the effect of disapplying, or removing any civil liability under, any provision of the Human Rights Act 1998 in relation to a foreign police of customs officer."
Page 55, leave out lines 36 and 37
Page 55, line 36, leave out "five hours" and insert "one hour"
 

Clause 91

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 60, line 25, leave out from "section" to end on line 27 and insert "proposed to be made by the Secretary of State is not to be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament"
Page 60, line 28, leave out from "section" to end of line 30 and insert "proposed to be made by the Scottish Ministers is not to be made unless a draft of the instrument containing the order has been laid before and approved by resolution of the Scottish Parliament"
Page 60, line 30, at end insert—
"(   )  This section shall cease to have effect at the end of one year beginning with the date on which it comes into force."
 The above-named Lords give notice of their intention to oppose the Question that Clause 91 stand part of the Bill.

 
 
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©Parliamentary copyright 2002
4 December 2002