Crime (International Co-operation) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Before Clause 49

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

121Insert the following new Clause—
  "Persons under 18 years of age
  The Secretary of State may by order provide that the provisions of this Part shall apply with modifications in respect of persons under 18 years of age to take into account the needs of such persons."
 

Clause 51

 

THE LORD FILKIN

122Page 29, line 19, after "instrument" insert "(other than an instrument to which subsection (4A) applies)"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

123Page 29, line 20, leave out from "Treasury" to "of" in line 21 and insert "may only be made if a draft of the statutory instrument has been laid before and approved by a resolution of both Houses"
 

THE LORD FILKIN

124Page 29, line 22, after "instrument" insert "(other than an instrument to which subsection (4A) applies)"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

125Page 29, line 22, leave out from "Ministers" to "a" in line 23 and insert "may only be made if a draft of the statutory instrument has been laid before and approved by"
 

THE LORD FILKIN

126Page 29, line 24, at end insert—
"(4A)  A statutory instrument containing an order under section 52(2)(b) designating a country other than a member State is not to be made unless—
(a)  in the case of an order to be made by the Secretary of State, a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament,
(b)  in the case of an order to be made by the Scottish Ministers, a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament."
 

Clause 52

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

127Page 29, line 44, after "removal" insert "or reduction"
 

THE LORD FILKIN

128Page 30, line 4, at end insert—
 ""customs officer" means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2),"
129Page 30, line 17, at end insert "or, in relation to Scotland, the Scottish Ministers"
 

THE LORD DHOLAKIA
THE LORD GOODHART

130Page 30, line 17, at end insert—
"(   )  No order shall be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

131Page 30, line 17, at end insert—
"(   )  An order made under subsection (2) shall be made by statutory instrument and may only be made if a draft of the statutory instrument containing the order has been laid before and approved by a resolution of each House of Parliament."
 

THE LORD FILKIN

132Page 30, line 18, after ""process"" insert "in relation to England and Wales and Northern Ireland"
133Page 30, line 22, leave out "other"
134Page 30, line 23, at end insert—
"(   )  In this Part, "process" in relation to service in Scotland means a citation by a court or by a prosecuting authority, or an order made by a court, and includes any other document issued or made as mentioned in subsection (3)(a) or (b)."
 

Clause 53

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

135Page 31, line 27, at end insert—
    "(i)  aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, any of the offences in paragraphs (a) to (h)"
136Page 32, line 2, at end insert—
    "(e)  aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, any of the offences in paragraphs (a) to (d)"
137Page 32, line 5, after "of" insert "or employed by"
138Page 32, line 10, after "of" insert "or employed by"
 

Clause 55

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

139Page 35, line 24, leave out "in prescribed circumstances" and insert "where a member State other than the United Kingdom has declared that it will apply discretionary conditions to the recognition of disqualifications, as described in Article 6(2) of the Convention on Driving Disqualifications 1998"
 

Clause 83

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE LORD DHOLAKIA

140Page 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."
141Page 55, line 25, after "party" insert "and which is an offence under the law of any part of the United Kingdom,"
142Page 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."
143Page 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."
144Page 55, leave out lines 28 to 32
145Page 55, line 28, at beginning insert "Subject to subsection (4A),"
146Page 55, line 29, leave out "for all purposes"
147Page 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)."
148Page 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."
149Page 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 section, then that firearm may only be used reasonably and in self-defence."
150Page 55, leave out lines 33 to 35
151Page 55, line 34, leave out "incidental to" and insert "a necessary element of"
152Page 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."
153Page 55, leave out lines 36 and 37
154Page 55, line 36, leave out "five hours" and insert "one hour"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

 The above-named Lords give notice of their intention to oppose the Question that Clause 83 stand part of the Bill.
 

Clause 84

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

155Page 56, line 20, leave out "under" and insert "in conformity with"
 

Clause 89

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE BARONESS CARNEGY OF LOUR

156Page 58, line 22, leave out "or believes to be" and insert "is"
 

Schedule 4

 

THE LORD FILKIN

157Page 67, line 5, leave out "territorial authority" and insert "Secretary of State"
158Page 67, line 7, leave out "the authority" and insert "him"
159Page 67, leave out lines 10 and 11
160Page 67, line 12, leave out paragraph (b)
161Page 67, line 16, leave out "territorial authority" and insert "Secretary of State"
 

Before Clause 91

 

THE LORD FILKIN

162Insert the following new Clause—
  "Northern Ireland
  An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of Chapter 2 of Part 3 of this Act—
(a)  is not to be subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
(b)  is to be subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 91

 

THE LORD FILKIN

163Page 60, line 25, after "instrument" insert "(other than an instrument to which subsection (5A) applies)"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

164Page 60, line 25, leave out from "section" to end of line 26 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"
 

THE LORD FILKIN

165Page 60, line 27, at end insert—
"(5A)  A statutory instrument containing such an order which adds to, replaces or omits any part of the text of an Act is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
166Page 60, line 28, after "instrument" insert "(other than an instrument to which subsection (6A) applies)"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

167Page 60, line 28, leave out from "section" to "resolution" in line 29 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"
 

THE LORD FILKIN

168Page 60, line 30, at end insert—
"(6A)  A statutory instrument containing such an order which adds to, replaces or omits any part of the text of an Act or of an Act of the Scottish Parliament is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

169Page 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.
 

After Clause 92

 

THE BARONESS ANELAY OF ST JOHNS

170Page 61, line 3, at end insert—
"(   )  No order may be made under subsection (1) until—
(a)  the Extradition Bill has received Royal Assent; and
(b)  the Secretary of State has certified that the provisions of this Act and that Act are compatible."

 
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10 January 2003