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

House of Lords

back to previous amendments

 

Clause 32

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

93APage 18, line 30, after "country" insert "as defined in subsection (9)"
94Page 18, line 34, leave out ", or arrange for a constable to apply,"
 

THE LORD FILKIN

95Page 18, line 35, at end insert—
"(b)  direct a senior customs officer to apply, or arrange for a customs officer to apply, for such an order."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

95APage 18, line 40, at end insert—
"(   )  No customer information order shall be issued unless—
(a)  the authority referred to in subsection (2) has included in its application a full explanation of its reasons behind the application, and
(b)  the Secretary of State is satisfied that those reasons are sufficient to justify the issuing of the customer information order."
 

THE LORD DHOLAKIA
THE LORD GOODHART

96Page 19, line 8, at end insert "unless disclosure would be incompatible with a Convention right within the meaning of the Human Rights Act 1998 (c. 42)."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

96APage 19, line 11, at end insert—
"(9)  A "participating country" for the purposes of this section shall be defined as a European Union member state which has incorporated similar provisions in domestic law."
 

Clause 33

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

96BPage 19, line 23, leave out paragraph (a)
96CPage 19, line 31, leave out paragraph (c)
 

THE LORD FILKIN

97Page 19, line 32, at end insert—
"(   )  a senior customs officer,
(   )  a customs officer authorised by a senior customs officer to make the application."
 

Clause 34

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

97APage 19, line 36, at end insert "within the specified period"
97BPage 19, line 41, leave out paragraph (a) and insert—
"(a)  knowingly makes a statement which is false or misleading in a material particular, or"
 

Clause 35

 

THE LORD DHOLAKIA
THE LORD GOODHART

98Page 20, line 10, after "into" insert "serious"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

98APage 20, line 14, leave out from "apply" to "for" in line 15
 

THE LORD FILKIN

99Page 20, line 15, at end insert—
"(b)  direct a senior customs officer to apply, or arrange for a customs officer to apply, for such an order."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

99APage 20, line 24, leave out subsection (6)
 

THE LORD DHOLAKIA
THE LORD GOODHART

100Page 20, line 25, at end insert "unless disclosure would be incompatible with a Convention right within the meaning of the Human Rights Act 1998 (c. 42)."
 

Clause 36

 

THE LORD DHOLAKIA
THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

101Page 20, line 32, after "into" insert "serious"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

101APage 21, line 3, leave out paragraph (c)
 

THE LORD FILKIN

102Page 21, line 4, at end insert—
"(   )  a senior customs officer,
(   )  a customs officer authorised by a senior customs officer to make the application."
 

Clause 37

 

THE LORD DHOLAKIA
THE LORD GOODHART

103Page 21, line 29, at end insert "unless disclosure would be incompatible with a Convention right within the meaning of the Human Rights Act 1998 (c. 42)."
 

Clause 38

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

103APage 22, line 2, leave out paragraph (a)
 

THE LORD FILKIN

104Page 22, line 9, leave out paragraph (b)
 

Clause 39

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

104APage 22, line 21, leave out paragraph (a) and insert—
"(a)  knowingly makes a statement which is false or misleading in a material particular, or"
 

Clause 40

 

THE LORD DHOLAKIA
THE LORD GOODHART

105Page 22, line 32, after "into" insert "serious"
106Page 23, line 5, at end insert "unless disclosure would be incompatible with a Convention right within the meaning of the Human Rights Act 1998 (c. 42)."
 

Clause 41

 

THE LORD DHOLAKIA
THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

107Page 23, line 12, after "into" insert "serious"
 

THE LORD FILKIN

108Page 23, line 25, leave out paragraph (b)
 

Clause 43

 

THE LORD DHOLAKIA
THE LORD GOODHART

109Page 24, line 31, leave out subsections (3) and (4)
 

THE LORD FILKIN

110Page 25, line 13, at end insert—
  "In relation to Scotland, a power of attorney includes a factory and commission."
 

Clause 44

 

THE LORD DHOLAKIA
THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

111Page 25, line 17, at end insert "serious"
 

THE LORD DHOLAKIA
THE LORD GOODHART

112Page 25, line 24, leave out subsections (3) and (4)
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

112APage 25, line 25, after "into" insert "serious"
 

After Clause 45

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

112BInsert the following new Clause—
  "Annual report on effects of requests for banking information
(1)  The Secretary of State shall publish each year a report on the effects of requests for banking information introduced under this Act.
(2)  In each report under subsection (1) the Secretary of State shall include—
(a)  a cost assessment of complying with a request for information,
(b)  the frequency of requests from participating countries, and
(c)  the time taken to comply with requests."
 

Clause 46

 

THE LORD FILKIN

113Page 26, line 11, at end insert "and
 "senior customs officer" means a customs officer who is not below the grade designated by the Commissioners of Customs and Excise as equivalent to that rank."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

113APage 26, line 14, leave out paragraph (a) and insert—
"(a)  an offence which requires a prison term of 10 years or more, or"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

113BPage 26, line 19, at end insert—
"(   )  An order under subsection (3) shall be made by statutory instrument and may not be made unless a draft of the statutory instrument containing 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

113CPage 26, line 19, at end insert—
"(   )  No order shall be made under subsection (3)(b) by the Secretary of State until a draft of that order has been laid before and approved by resolution of both Houses of Parliament.
(   )  No order shall be made under subsection (3)(b) by the Scottish Ministers until a draft of the order has been laid before and approved by a resolution of the Scottish Parliament."
 

After Clause 46

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

113DInsert the following new Clause—
  "Commencement of Chapter 4
  Nothing in this Chapter shall come into effect until such a time as all participating countries have implemented similar provisions."
 

Clause 47

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

113EPage 26, line 35, leave out "competent" and insert "relevant judicial"
 

THE LORD DHOLAKIA
THE LORD GOODHART

114Page 27, line 14, at end insert "and if before making the statement the person making it was offered access to advice on the legal consequences of a transfer for the prisoner and has either received such advice or has refused to request it"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

115Page 27, line 18, leave out "cannot" and insert "may"
116Page 27, line 18, leave out "cannot" and insert "may in exceptional circumstances"
117Page 27, line 18, after "withdrawn" insert "on medical grounds"
 

Clause 48

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

118Page 28, line 13, leave out "cannot" and insert "may"
119Page 28, line 13, leave out "cannot" and insert "may in exceptional circumstances"
120Page 28, line 13, after "withdrawn" insert "on medical grounds"
 

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."

 
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22 January 2003