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

House of Lords

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Clause 217

 

THE LORD LAMONT OF LERWICK

315Page 121, line 9, at end insert—
"(2)  Part 1 shall not come into force until the Secretary of State has laid a report before both Houses of Parliament confirming that all category 1 territories have demonstrated that they have an effective system of legal aid."
316Page 121, line 9, at end insert—
"(3)  Part 1 shall not come into force until the Secretary of State has laid a report before both Houses of Parliament confirming that all category 1 territories will make available, to each defendant who is not a citizen of the requesting state—
(a)  full simultaneous interpretation of any proceedings involving the person, and
(b)  full translation of any documents relating to the case involving the person,
  into a language which he understands."
317Page 121, line 9, at end insert—
"(4)  Part 1 shall not come into force until the conditions in subsections (5) and (6) are satisfied.
(5)  The first condition is that the Secretary of State has laid a report before both Houses of Parliament confirming that all category 1 territories will make available, to each defendant who is not a citizen of the requesting state—
(a)  full simultaneous interpretation of any proceedings involving the person, and
(b)  full translation of any documents relating to the case involving the person,
  into a language which he understands.
(6)  The second condition is that a European Union-wide agreement on bail is in operation whereby—
(a)  persons extradited to one EU state from another are granted bail on the same terms as nationals of the requesting state, and
(b)  if any accused person breaches his bail conditions and either returns to the surrendering country or moves to another category 1 territory he will be automatically liable to re-extradition to the requesting state."
 

Clause 219

 

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

317A*Page 121, line 29, at end insert—
"(4A)  An order under section 219 which makes provision for any or all of the provisions of this Act to have effect in relation to any extradition proceedings that were commenced when the Extradition Act 1989 (c. 33) was for the time being in force, shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

THE BARONESS SCOTLAND OF ASTHAL

318Page 121, line 30, leave out subsection (5)
319[Withdrawn]
320[Re-tabled as amendment 317A]
321[Withdrawn]
321A*Page 121, line 33, after "order" insert "mentioned in subsection (6A)"
321B*Page 121, line 33, leave out "under section 144(10) or 175(4)"
321C*Page 121, line 35, at end insert—
"(6A)  The orders are—
(a)  an order under any of these provisions—
  section 1(1);
  section 70(1);
  section 72(4);
  section 74(5);
  section 75(10)(b);
  section 85(7);
  section 87(7);
  section 144(10);
  section 175(4);
  section (European framework list)(2);
(b)  an order under section 215(2) which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act."
322Page 121, line 35, at end insert—
"(7)  A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than an order mentioned in subsection (6A) or an order under section 217.
(8)  A territory may be designated by being named in an order made by the Secretary of State under this Act or by falling within a description set out in such an order.
(9)  An order made by the Secretary of State under section 1(1) or 70(1) may provide that this Act has effect in relation to a territory designated by the order with specified modifications."
 

Clause 220

 

THE BARONESS SCOTLAND OF ASTHAL

323Page 122, line 2, leave out "any provision of this Act other than section 218" and insert "section 179 or 180"
324Page 122, line 9, leave out subsections (3) and (4)
 

Clause 222

 

THE BARONESS SCOTLAND OF ASTHAL

325Page 122, line 19, leave out "and 175" and insert ", 175 and (Written statements and admissions)"
 

Schedule 1

 

THE BARONESS SCOTLAND OF ASTHAL

326Page 123, line 21, leave out paragraph 8
327Page 126, line 37, leave out paragraph 38
 

After Schedule 1

 

THE LORD GOODHART
THE BARONESS SCOTLAND OF ASTHAL

328Insert the following new Schedule—
 

"EUROPEAN FRAMEWORK LIST

 1      Participation in a criminal organisation.
 2      Terrorism.
 3      Trafficking in human beings.
 4      Sexual exploitation of children and child pornography.
 5      Illicit trafficking in narcotic drugs and psychotropic substances.
 6      Illicit trafficking in weapons, munitions and explosives.
 7      Corruption.
 8      Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.
 9      Laundering of the proceeds of crime.
 10      Counterfeiting currency, including of the euro.
 11      Computer-related crime.
 12      Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
 13      Facilitation of unauthorised entry and residence.
 14      Murder, grievous bodily injury.
 15      Illicit trade in human organs and tissue.
 16      Kidnapping, illegal restraint and hostage-taking.
2217    
 18      Organised or armed robbery.
 19      Illicit trafficking in cultural goods, including antiques and works of art.
 20      Swindling.
 21      Racketeering and extortion.
 22      Counterfeiting and piracy of products.
 23      Forgery of administrative documents and trafficking therein.
 24      Forgery of means of payment.
 25      Illicit trafficking in hormonal substances and other growth promoters.
 26      Illicit trafficking in nuclear or radioactive materials.
 27      Trafficking in stolen vehicles.
 28      Rape.
 29      Arson.
 30      Crimes within the jurisdiction of the International Criminal Court.
 31      Unlawful seizure of aircraft/ships.
 32      Sabotage."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
[As an amendment to amendment 328]

329Line 22, leave out "and xenophobia"
 

Schedule 2

 

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

330Page 127, leave out lines 20 to 23

 
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24 October 2003