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Lord Renton: I support my noble friend Lady Anelay, who has raised important matters. This Bill depends upon international co-operation. I realise that as far as our own statute and our statutory instruments are concerned, we have to act independently. Other countries will also have to act independently, although complying with international agreements. However, on subordinate legislation, Clause 51 enables only negative resolutions to be made, even on matters of great importance, which could have far-reaching effects. I hope that between now and Report, the Government would consider giving a power to Parliament to consider by affirmative resolution, instead of merely negative resolution, any matter of real importance which might affect the international co-operation.

Baroness Carnegy of Lour: On Amendment No. 129, the noble Lord says that Scottish Ministers would be involved, and my noble friend Lady Anelay asked a rather awkward question. Might Scottish Ministers want different participating states to the Home Secretary? At the moment it is impossible to envisage that, but I am picturing the years ahead when there might be a different party in power in the Scottish Parliament to that south of the Border. If that party in power in Scotland wanted to be really difficult, it could select a tricky country, which the Home Secretary wanted to make a participating state, and refuse to accept it. Perhaps the Minister might think that the

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drafting should be different so that that is impossible. At present, no one would want such a situation to occur, but am I right in thinking that it could? If possible, it is something that we should want to avoid in advance.

Lord Filkin: These are all good questions and I shall hazard an answer to some of them. On the other hand, the questions merit reflection. That is not to imply that the Government necessarily think that we are minded to change. We do not, but it is right and proper that we give the fullest and clearest response. Therefore—it is hoped not too frequently—it is right that on these occasions, when I have received those questions, I shall reply to Members of the Committee.

There are one or two general points that I should make that are reasonably clear. As the Committee knows, essentially, if we make an international agreement through the Justice and Home Affairs Council within certain limits of flexibility, effectively that has to be put into legislation or the Government are in breach of their international obligations. The strict constitutional answer, of course, is that the House can do what it wants, but the Government have an obligation to seek to ensure that their legislation is compliant with the agreements that they have reached in Europe.

Therefore, if a change was made relevant to a member state, there would be no discretion. Alternatively, if it was a non-member state, the affirmative resolution would apply. With regard to Scotland, the general principle is that on Scottish orders they would have to mirror the orders made in Scotland.

However, I should like to set out all of our response to those several points in a letter to all Members present, so that they have the benefit of our reflection. They are important constitutional points and therefore, with the leave of the Committee, that is what I shall do.

On Question, amendment agreed to.

Clause 51, as amended, agreed to.

Clause 52 [General interpretation]

Baroness Anelay of St Johns moved Amendment No. 127:

    Page 29, line 44, after "removal" insert "or reduction"

The noble Baroness said: Since this is one of those very rare occasions—like hens' teeth—when the Government agree to an Opposition amendment, I am very keen to get this in. I apologise to the Chairman for making heavy weather. I beg to move.

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On Question, amendment agreed to.

Lord Filkin moved Amendments Nos. 128 and 129:

    Page 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)," Page 30, line 17, at end insert "or, in relation to Scotland, the Scottish Ministers"

On Question, amendments agreed to.

Lord Dholakia had given notice of his intention to move Amendment No. 130:

    Page 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 noble Lord said: The Minister dealt at some length with Amendment No. 126 and met some of the points that we wanted to raise with regard to this amendment. In the light of that, I do not intend to move the amendment.

[Amendment No. 130 not moved.]

[Amendment No. 131 not moved.]

Lord Filkin moved Amendments Nos. 132 to 134:

    Page 30, line 18, after ""process"" insert "in relation to England and Wales and Northern Ireland"

    Page 30, line 22, leave out "other"

    Page 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)."

On Question, amendments agreed to.

Clause 52, as amended, agreed to.

Lord Filkin: The only person whom we told of our intention to pause at this point was the noble Baroness, Lady Anelay of St Johns. The noble and learned Lord, Lord Lloyd of Berwick, has not been seen in the House and is not answering either of his telephone numbers. It would be unwise to proceed, as we do not wish to offend a Member of the House by making any further progress. I propose that we adjourn the Committee until Wednesday at 3.30 p.m.

Lord Renton: I hesitate to intervene, but I think that there is an even stronger reason, which is that we have come to the end of Part 1.

The Deputy Chairman of Committees: The Committee stands adjourned until Wednesday 29th January at 3.30 p.m.

        The Committee adjourned at twenty-nine minutes before seven o'clock.

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