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COMMONS AMENDMENTS

[The page and line refer to Bill 78 as first printed for the Commons.]

COMMONS AMENDMENT

1Clause 2, page 2, line 25, after "privileges" insert "as a party or"

Lord Filkin: My Lords, on behalf of my noble friend Lady Scotland of Asthal, I beg to move that the House do agree with the Commons in their Amendment

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No. 1. This is the first of a sequence of amendments, which I trust will not be contentious, because they are either technical or are in many respects a response to this Chamber.

The first amendment puts beyond doubt or peradventure that Clause 2 explicitly requires that a person, whether they are a party or a witness, must be served with an explicit notice that makes it clear that, in responding to a right of attendance abroad, they may not be accorded the same rights or privileges as a witness in domestic proceedings.

There is no a division between us on the purpose. The only doubt was whether it was as explicit as it was felt that it should be in primary legislation. To avoid further suffering, we have agreed to put it in the Bill, so it can be in no further doubt.

Moved, That the House do agree with the Commons in their Amendment No. 1.—(Lord Filkin.)

Baroness Anelay of St Johns: My Lords, I get the sense that the House is keen to move on to the next business of the day, so I have given notice to the noble Lords, Lord Filkin and Lord Goodhart, that I shall speak only on this amendment and none other.

The Minister is right to say that the amendments are a response to concerns expressed throughout the passage of the Bill. In particular, I thank the Government for introducing Amendment No. 9, which is a response to the only remaining bone of contention on Third Reading, when we won a Division supported by the noble Lord, Lord Goodhart. It raised a question about the behaviour of officers from overseas when carrying out surveillance in this country. I believe that the Government's Amendment No. 9 fully achieves the objectives that we had hoped to achieve in our own amendment and is superior to our amendment in that it fully keeps within the normal realms of a statute and how it affects behaviour. I gratefully accept that, and I have no objection to any other amendment.

Lord Goodhart: My Lords, as Amendment No. 1 was moved in another place by my honourable friend Mr David Heath and accepted by the Government, I support it with pleasure.

On Question, Motion agreed to.

COMMONS AMENDMENT

2Clause 18, page 11, line 20, after "constable" insert "or customs officer"

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 2. I shall seek to respond to the spirit of the House by being succinct. This amendment would insert "or customs officer" to ensure that customs officers in Scotland have the same powers regarding warrants as they do in England and Wales, and no more than that. I commend Commons Amendment No. 2 to the House.

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Moved, That the House do agree with the Commons in their Amendment No. 2.—(Lord Filkin.)

On Question, Motion agreed to.

COMMONS AMENDMENT

3Clause 28, page 16, line 19, leave out from "means" to end of line 22 and insert "the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003"

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 3. Commons Amendments Nos. 3 to 23 update the Bill in light of the fact that the framework decision on freezing orders has now been agreed. Therefore, the amendments try to ensure that the primary Act is as accessible for its users as possible by making it as up to date as possible.

Moved, That the House do agree with the Commons in their Amendment No. 3.—(Lord Filkin.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

4Page 16, line 31, leave out from "in" to "of" in line 32 and insert "Article 3(2)"
5Page 16, line 33, leave out "such an order" and insert "an order made by the Secretary of State"
6Page 16, line 40, leave out from "by" to "or" in line 42 and insert "the form of certificate annexed to the relevant Framework Decision"

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 4 to 6.

Moved, That the House do agree with the Commons in their Amendments Nos. 4 to 6.—(Lord Filkin.)

On Question, Motion agreed to.

COMMONS AMENDMENT

7After Clause 81, insert the following new Clause—
"Driver licensing information
Information held in any form—
(a) by the Secretary of State under Part 3 of the Road Traffic Act 1988 (c. 52), or
(a) by the Department of the Environment under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
(licensing of drivers of vehicles) may be disclosed for the purposes of the Schengen information system (within the meaning of section 81)."

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 7. This amendment seeks to make it clear that it is possible to put information about lost or stolen driving licences on to the Schengen Information System. We believe that that is necessary both to comply with the convention and to help to protect British citizens whose driving licences might be used elsewhere. That will help to counter identity fraud.

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Moved, That the House do agree with the Commons in their Amendment No. 7.—(Lord Filkin.)

Lord Goodhart: My Lords, I just want to put one question very briefly. Whereas all the other amendments are relatively minor, this amendment is of some significance. I just wondered why the Government felt it necessary to introduce it at such a very late stage in the proceedings on the Bill.

Lord Filkin: My Lords, I think that we have done it simply because it was not apparent at an earlier stage that the existing statutory provisions were not sufficient. That is the short and nakedly honest answer.

On Question, Motion agreed to.

COMMONS AMENDMENT

8Clause 82, page 55, leave out lines 41 to 43

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 8. In doing so, I shall speak also to Amendment No. 9. As the noble Baroness, Lady Anelay, indicated, the amendments seek again to put on the face of the Bill what we have said many times in many happy hours in Committee—that in the very limited circumstances where foreign police officers are conducting undercover surveillance in the United Kingdom, they have no right to stop and question or challenge.

Moved, That the House do agree with the Commons in their Amendment No. 8.—(Lord Filkin.)

On Question, Motion agreed to.

COMMONS AMENDMENT

9page 56, line 7, at end insert—
"but no surveillance is lawful by virtue of this subsection if the officer subsequently seeks to stop and question the person in the United Kingdom in relation to the relevant crime."

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 9.

Moved, that the House do agree with the Commons in their Amendment No. 9.—(Lord Filkin.)

On Question, Motion agreed to.

COMMONS AMENDMENT

10Clause 93, page 62, line 4, at end insert—
"( ) Any day appointed for the purposes of Part 1 (other than sections 32 to 41), and the related amendments and repeals, is to be one decided by the Secretary of State and the Scottish Ministers."

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 10. This amendment simply deals with the commencement arrangements and makes it explicit that the UK and Scottish Ministers will co-operate on bringing in the measures at the same time in both Scotland and the rest of the United Kingdom as that will be in the interests of comprehensibility and effective implementation.

Moved, That the House do agree with the Commons in their Amendment No. 10.—(Lord Filkin.)

On Question, Motion agreed to.

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COMMONS AMENDMENTS

11Schedule 4, page 67, line 18, leave out from "means" to end of line 21 and insert "the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003"
12Page 67, line 23, leave out "a prescribed provision" and insert "Article 3(2)"
13Page 67, line 34, leave out "a prescribed document" and insert "the form of certificate"
14Page 71, line 19, leave out from "means" to end of line 22 and insert "the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003"
15Page 71, line 24, leave out "a prescribed provision" and insert "Article 3(2)"
16Page 71, line 35, leave out "a prescribed document" and insert "the form of certificate"
17Page 75, line 13, leave out from "means" to end of line 16 and insert "the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003"
18Page 75, line 18, leave out "a prescribed provision" and insert "Article 3(2)"
Schedule 5, page 75, line 29, leave out "a prescribed document" and insert "the form of certificate"


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