House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Crime (International Co-operation) Bill [HL]

Crime (International Co-operation) Bill [HL]


FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 19th December 2002, as follows—

Clauses 53 to 90
Schedules 4 and 5
Clauses 91 to 94

[Amendments marked * are new or have been altered]

Amendment
No.

 

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

138APage 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

139ZAPage 36, line 5, at end insert—
"(g)  state that there is written evidence that the offender has had adequate opportunity to defend himself and to gain access to legal advice"
139ZBPage 36, line 6, leave out subsection (3)
139ZCPage 36, line 11, at end insert "written"
 

Clause 57

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZDPage 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"
139ZDA*Page 37, line 17, after "disqualifications" insert "(contained in Schedule (Annex to the Convention drawn up on the basis of Article k.3 of the Treaty on European Union on Driving Disqualifications)"
 

Clause 58

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZEPage 38, line 21, leave out subsection (7)
 

Clause 59

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZFPage 38, line 40, leave out subsection (3)
 

Clause 60

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZGPage 39, line 14, leave out "given to" and insert "served upon"
139ZHPage 39, line 15, leave out subsection (4)
139ZJPage 39, line 23, leave out subsection (8)
 

Clause 64

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

139ZKPage 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 LORD FILKIN

139BPage 55, line 13, leave out from "circumstances" to "an" in line 14 and insert "for a United Kingdom officer to carry out the surveillance in the United Kingdom in accordance with"
139CPage 55, line 15, leave out "for the carrying out of the surveillance"
 

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 LORD FILKIN

154APage 56, line 16, at end insert—
  ""United Kingdom officer" means—
(a)  a member of a police force;
(b)  a member of the National Criminal Intelligence Service;
(c)  a member of the National Crime Squad;
(d)  a member of the body known as the Operational and Intelligence Group of the Scottish Drug Enforcement Agency and established by agreement under section 12 of the Police (Scotland) Act 1967 (c. 77) (collaboration agreements);
(e)  a member of any other body, however named, so established if it fulfils purposes most or all of which consist of or include purposes which are the same as or are similar to those fulfilled by that group; or
(f)  a customs officer"
 

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."
 

Before Schedule 4

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

156ZB*Insert the following new Schedule—
  "Annex to the Convention drawn up on the basis of Article k. 3 of the Treaty on European Union on Driving Disqualifications
1.  Reckless or dangerous driving (whether or not resulting in death, injury or serious risk).
2.  Wilful failure to carry out the obligations placed on drivers after being involved in road accidents (hit-and-run driving).
3.  Driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver.
  Refusal to submit to alcohol and drug tests.
4.  Driving a vehicle faster than the permitted speed.
5.  Driving a vehicle whilst disqualified.
6.  Other conduct constituting an offence for which a driving disqualification has been imposed by the State of the offence:
—  of a duration of six months or more,
—  of a duration of less than six months where that has been agreed bilaterally between the Member States concerned."
 

THE LORD FILKIN

156BInsert the following new Schedule—

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
28 January 2003