Extradition Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 63

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

155Leave out Clause 63
 

THE BARONESS SCOTLAND OF ASTHAL

156Transpose Clause 63 to after Clause 204
 

Clause 64

 

THE BARONESS SCOTLAND OF ASTHAL

157Page 32, line 38, leave out from "section" to "after" and insert "20(5) has effect as if"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

158Leave out Clause 64
 

Clause 65

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

159Page 33, line 18, at end insert—
"(   )  the category 1 territory is a party to the European framework decision;"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

160Page 33, line 22, leave out "falls within the framework list" and insert "constitutes terrorism"
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

161Page 33, line 26, leave out "12 months" and insert "3 years"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

162Page 33, line 30, leave out "an" and insert "a terrorist"
163Page 33, line 38, after "conduct" insert "constitutes a terrorist offence and"
164Page 34, line 1, after "conduct" insert "constitutes a terrorist offence and"
165Page 34, line 11, after "conduct" insert "constitutes a terrorist offence and"
166Page 34, line 18, leave out subsection (7)
167Page 34, line 32, leave out subsection (8)
168Leave out Clause 65
 

Clause 66

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

169Page 34, line 47, at end insert—
"(   )  the category 1 territory is a party to the European framework decision,"
170Page 35, line 7, leave out "4" and insert "12"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

171Page 35, line 11, after "conduct" insert "constitutes a terrorist offence and"
172Page 35, line 20, after "conduct" insert "constitutes a terrorist offence and"
173Page 35, line 30, after "conduct" insert "constitutes a terrorist offence and"
174Page 35, line 41, after "conduct" insert "constitutes a terrorist offence and"
 

THE BARONESS SCOTLAND OF ASTHAL

175Page 35, line 43, leave out paragraph (b) and insert—
"(b)  a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

176Page 35, line 48, leave out subsection (7)
177Page 36, line 14, leave out subsection (8)
178Leave out Clause 66
 

Clause 67

 

THE BARONESS SCOTLAND OF ASTHAL

179Page 36, line 25, leave out second "an" and insert "a judicial"
180Page 36, line 27, leave out paragraph (a)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS SCOTLAND OF ASTHAL

181Page 36, line 29, leave out subsection (3)
 

THE LORD GOODHART

182Page 36, line 29, leave out from "in" to the end of line 30 and insert "Schedule (European framework list)"
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

183Page 36, line 30, at end insert—
"(   )  The conduct described in the European framework list as racism and xenophobia shall not be treated as included in that list until the member states of the European Union have adopted a framework decision on racism and xenophobia."
184Page 36, line 30, at end insert—
"(3A)  The European framework list may be amended by Order in Council.
(3B)  No Order in Council may be made under subsection (3A) unless it has been laid before Parliament and approved by a resolution of each House."
 

THE LORD MOYNIHAN
THE BARONESS ANELAY OF ST JOHNS

184A*Page 36, line 35, at end insert—
"(7)  Where an alleged offence is the subject of an arrest warrant but the offence was committed by a competitor in an international sporting event, that warrant must be referred to the Home Secretary who must make a decision separate to any decision of a United Kingdom court as to whether extradition to the requesting country would be proper in all the circumstances."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

185Leave out Clause 67
 

After Clause 67

 

THE LORD PEARSON OF RANNOCH
THE LORD STODDART OF SWINDON
THE LORD MONSON

186*Insert the following new Clause—
  "Conduct contrary to values of EU
  For the avoidance of doubt, it is hereby declared that nothing in this Act shall permit the extradition to or from the United Kingdom of any person accused of insulting or undermining the European Union or any symbols of the European Union."
 

Clause 68

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

187Leave out Clause 68
 

Clause 69

 

THE BARONESS SCOTLAND OF ASTHAL

188Page 37, line 9, leave out subsection (2)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

189Leave out Clause 69
 

Clause 70

 

THE BARONESS SCOTLAND OF ASTHAL

190Page 37, line 17, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 72

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

191Page 38, line 22, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing"
 

THE BARONESS SCOTLAND OF ASTHAL

192Page 38, line 36, leave out "Order in Council" and insert "order made by the Secretary of State"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

193Page 38, line 39, leave out from first "any" to end of line 40 and insert "United Kingdom constable or United Kingdom customs officer or service policeman"
 

Clause 73

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

194Page 39, line 14, leave out subsection (2) and insert—
"(2)  A copy of the warrant must be given to the person as soon as practicable after his arrest."
 

THE BARONESS SCOTLAND OF ASTHAL

195Page 39, line 15, leave out "and he asks to be shown the warrant"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

196Page 39, line 16, after "him" insert "in English, or, if he requests it, in a language which he understands"
 

THE BARONESS SCOTLAND OF ASTHAL

197Page 39, line 16, leave out "request" and insert "arrest"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

198Page 39, line 16, at end insert—
"(2A)  Failure to fulfil the duty under subsection (2), to provide a warrant or copy of the warrant as soon as practicable after arrest, will not result in the automatic discharge of the person."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

199Page 39, line 17, leave out "as soon as practicable" and insert "within 48 hours"
 

THE BARONESS SCOTLAND OF ASTHAL

200Page 39, line 23, leave out from "with" to end of line 24 and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

201Page 39, line 28, at end insert—
"(   )  ensure that the person has had the opportunity to receive independent legal advice about the implications of giving or witholding consent to extradition;"
 

Clause 74

 

THE BARONESS SCOTLAND OF ASTHAL

202Page 40, line 23, leave out "Order in Council" and insert "order made by the Secretary of State"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

203Page 40, line 26, leave out from first "any" to end of line 27 and insert "United Kingdom constable or United Kingdom customs officer or service policeman"
 

Clause 75

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

204Page 41, line 7, leave out subsection (2) and insert—
"(2)  A copy of the warrant must be given to the person as soon as practicable after his arrest."
 

THE BARONESS SCOTLAND OF ASTHAL

205Page 41, line 8, leave out "and he asks to be shown the warrant"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

206Page 41, line 9, after "him" insert "in English, or, if he requests it, in a language which he understands"
 

THE BARONESS SCOTLAND OF ASTHAL

207Page 41, line 9, leave out "request" and insert "arrest"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

208Page 41, line 9, at end insert—
"(2A)  Failure to fulfil the duty under subsection (2), to provide a warrant or copy of the warrant as soon as practicable after arrest, will not result in the automatic discharge of the person."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

209Page 41, line 10, leave out "as soon as practicable" and insert "within 48 hours"
 

THE BARONESS SCOTLAND OF ASTHAL

210Page 41, line 17, leave out from "with" to end of line 18 and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

211Page 41, line 24, at end insert—
"(   )  ensure that the person has had the opportunity to receive independent legal advice about the implications of giving or withholding consent to extradition;"
 

THE BARONESS SCOTLAND OF ASTHAL

212Page 41, line 38, leave out "Order in Council" and insert "order made by the Secretary of State"
213Page 41, line 39, leave out "Order in Council" and insert "order"
 

Clause 76

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

214Page 42, line 11, leave out "there are exceptional circumstances" and insert "the interests of justice so require"
 

THE EARL OF MAR AND KELLIE

215Page 42, line 11, after "date" insert "and the fixing of a later date is in the interest of justice"
 

THE BARONESS SCOTLAND OF ASTHAL

216Page 42, line 14, leave out "the person must be taken to be discharged" and insert "and the person applies to the judge to be discharged, the judge must order his discharge"

 
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©Parliamentary copyright 2003
24 October 2003