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

House of Lords

back to previous amendments

 

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 LORD LLOYD OF BERWICK

134APage 31, line 13, leave out "rape,"
 

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)"
 

THE LORD LLOYD OF BERWICK

135APage 31, line 39, leave out "rape,"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

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 VISCOUNT BRIDGEMAN

138A*Page 35, line 24, leave out subsection (4)
 

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 56

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZA*Page 36, line 5, at end insert new sub-paragraph—
"(g)  state that there is written evidence that the offender has had adequate opportunity to defend himself and to gain access to legal advice"
139ZB*Page 36, line 6, leave out subsection (3)
139ZC*Page 36, line 11, at end insert "written"
 

Clause 57

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZD*Page 36, line 42, at end insert ", and
(e)  there is written evidence that the offender has had adequate opportunity to defend himself and to gain access to legal advice"
 

Clause 58

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZE*Page 38, line 21, leave out subsection (7)
 

Clause 59

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZF*Page 38, line 40, leave out subsection (3)
 

Clause 60

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZG*Page 39, line 14, leave out "given to" and insert "served upon"
139ZH*Page 39, line 15, leave out subsection (4)
139ZJ*Page 39, line 23, leave out subsection (8)
 

Clause 64

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZK*Page 41, line 9, leave out subsection (2)
 

Before Clause 81

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

139AInsert the following new Clause—
  "
(1)  It shall be the duty of the Secretary of State to facilitate the work of—
(a)  police forces in Great Britain;
(b)  the Police Service of Northern Ireland;
(c)  the National Criminal Intelligence Service;
(d)  the National Crime Squad;
 in preventing the unlawful importation of firearms into the United Kingdom by ensuring effective international co-operation between those bodies and other foreign and international law enforcement agencies.
(2)  When the Secretary of State is—
(a)  preparing a National Policing Plan under section 36A of the Police Act 1996 (c. 16);
(b)  determining objectives for the policing of the areas of all police authorities under section 37 of that Act;
(c)  determining objectives for the National Criminal Intelligence Service under section 26 of the Police Act 1997;
(d)  determining objectives for the National Crime Squad under section 71 of that Act;
 he shall have regard to the desirability of ensuring effective co-operation with foreign and international law enforcement agencies to prevent the unlawful importation of firearms into the United Kingdom."
 

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"
 

After Clause 89

 

THE LORD FILKIN

156AInsert the following new Clause—
  "Freezing of terrorist property
  Schedule (Terrorist property: freezing orders) is to have effect."
 

After Schedule 3

 

THE LORD FILKIN

156BInsert the following new Schedule—
 

"TERRORIST PROPERTY: FREEZING ORDERS

 1      The Terrorism Act 2000 (c. 11) is amended as follows.
 2      In section 123 (orders and regulations), in subsection (2)(i), for "paragraph" there is substituted "paragraphs 11A and".
 3      In Schedule 4 (forfeiture orders), after paragraph 11 there is inserted—
     

    "Domestic and overseas freezing orders

     11A   (1)   This paragraph has effect for the purposes of paragraphs 11B to 11G.
    (2)      The relevant Framework Decision means any Framework Decision of the Council of the European Union which is identified by the Secretary of State by order and is about the execution of orders freezing property or evidence.
    (3)      A listed offence means—
    (a)  an offence described in a prescribed provision of the relevant Framework Decision, or
    (b)  a prescribed offence or an offence of a prescribed description.
    (4)      An order under sub-paragraph (3)(b) which, for the purposes of paragraph 11D(3), prescribes an offence or a description of offences may require that the conduct which constitutes the offence or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that part.
    (5)      Specified information, in relation to a certificate under paragraph 11B or 11D, means—
    (a)  any information required to be given by a prescribed document annexed to the relevant Framework Decision, or
    (b)  any prescribed information.
    (6)      In this paragraph, "prescribed" means prescribed by an order made by the Secretary of State.
    (7)      A participating country means—
    (a)  a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule (Terrorist property: freezing orders) to the Crime (International Co-operation) Act 2003, and
    (b)  any other member State designated by an order made by the Secretary of State.
    (8)      "Country" includes territory.
    (9)      Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.

 
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24 January 2003