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

House of Lords

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Clause 206

 

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

304Page 116, line 20, at end insert "(including in particular, the protection of the United Kingdom against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine parliamentary democracy by political, industrial or violent means and the safeguarding of the economic well-being of the United Kingdom against threats posed by the actions or intentions of persons outside the British Islands)"
 

After Clause 208

 

THE BARONESS SCOTLAND OF ASTHAL

305Insert the following new Clause—
  "Service of notices
  Service of a notice on a person under section 53, 55, 57, 129, 130 or 131 may be effected in any of these ways—
(a)  by delivering the notice to the person;
(b)  by leaving it for him with another person at his last known or usual place of abode;
(c)  by sending it by post in a letter addressed to him at his last known or usual place of abode."
 

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

306Insert the following new Clause—
  "Compatibility with the Crime International (Co-operation) Act 2003
  The Secretary of State shall certify that the provisions of this Act are compatible with the provisions of the Crime International (Co-operation) Act 2003."
307Insert the following new Clause—
  "Annual report
  For the first five years after the commencement of this Act, the Secretary of State shall publish and lay before both Houses of Parliament an annual report on the operation of the provisions of the Act."
 

After Clause 211

 

THE BARONESS SCOTLAND OF ASTHAL

308Insert the following new Clause—
  "European framework list
(1)  The European framework list is the list of conduct set out in Schedule (European framework list).
(2)  The Secretary of State may by order amend Schedule (European framework list) for the purpose of ensuring that the list of conduct set out in the Schedule corresponds to the list of conduct set out in article 2.2 of the European framework decision.
(3)  The European framework decision is the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA)."
 

Clause 212

 

THE BARONESS SCOTLAND OF ASTHAL

309Page 120, line 8, at end insert—
"(2A)  References to the designated authority must be read in accordance with section 2(9)."
310Page 120, line 12, at end insert—
"(5A)  "Asylum claim" has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41)."
311Page 120, line 16, leave out subsection (7)
312Page 120, line 31, leave out "and 211" and insert "to (European framework list)"
 

Clause 215

 

THE BARONESS SCOTLAND OF ASTHAL

313Page 121, line 4, at end insert—
"(2)  The Secretary of State may by order make—
3(a)  any supplementary, incidental or consequential provision, and
(b)  any transitory, transitional or saving provision,
  which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.
(3)  An order under subsection (2) may, in particular—
(a)  provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and
(b)  amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.
(4)  The amendments that may be made under subsection (3)(b) are in addition to those made by or under any other provision of this Act."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
[As an amendment to amendment 313]

314Line 3, leave out "supplementary,"
315[Withdrawn]
316[Withdrawn]
317[Withdrawn]
 

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 217 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]
321APage 121, line 33, after "order" insert "mentioned in subsection (6A)"
321BPage 121, line 33, leave out "under section 144(10) or 175(4)"
321CPage 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      Racism and xenophobia.  
 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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©Parliamentary copyright 2003
29 October 2003