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Division No. 1


Ackner, L.
Allenby of Megiddo, V.
Ampthill, L.
Anelay of St Johns, B. [Teller]
Astor, V.
Astor of Hever, L.
Attlee, E.
Bowness, L.
Brougham and Vaux, L.
Burnham, L.
Byford, B.
Campbell of Alloway, L.
Carnegy of Lour, B.
Chorley, L.
Courtown, E.
Crathorne, L.
Dixon-Smith, L.
Dundee, E.
Elles, B.
Elton, L.
Flather, B.
Freeman, L.
Glentoran, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Howe, E.
Kimball, L.
Kingsland, L.
Knight of Collingtree, B.
Laird, L.
Liverpool, E.
Masham of Ilton, B.
Molyneaux of Killead, L.
Montrose, D.
Mowbray and Stourton, L.
Newton of Braintree, L.
Noakes, B.
Palmer, L.
Park of Monmouth, B.
Patten, L.
Peel, E.
Pilkington of Oxenford, L.
Plumb, L.
Plummer of St. Marylebone, L.
Rawlinson of Ewell, L.
Renton, L.
Rotherwick, L. [Teller]
Saltoun of Abernethy, Ly.
Selsdon, L.
Stoddart of Swindon, L.
Strange, B.
Swinfen, L.
Vivian, L.
Walpole, L.
Wedderburn of Charlton, L.
Wilcox, B.


Addington, L.
Ahmed, L.
Amos, B. (Lord President)
Andrews, B.
Archer of Sandwell, L.
Avebury, L.
Bach, L.
Bassam of Brighton, L.
Bernstein of Craigweil, L.
Blackstone, B.
Bradshaw, L.
Brett, L.
Brooke of Alverthorpe, L.
Brookman, L.
Burlison, L.
Campbell-Savours, L.
Carter, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Corbett of Castle Vale, L.
Crawley, B.
Dahrendorf, L.
David, B.
Davies of Oldham, L. [Teller]
Desai, L.
Dholakia, L.
Dixon, L.
Dubs, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Gale, B.
Gavron, L.
Gibson of Market Rasen, B.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Grabiner, L.
Grocott, L. [Teller]
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hayman, B.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooson, L.
Hoyle, L.
Hughes of Woodside, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
King of West Bromwich, L.
Kirkhill, L.
Lea of Crondall, L.
Linklater of Butterstone, B.
Listowel, E.
Livsey of Talgarth, L.
Lockwood, B.
Ludford, B.
McCarthy, L.
Macdonald of Tradeston, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mar and Kellie, E.
Marsh, L.
Massey of Darwen, B.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Mitchell, L.
Morgan, L.
Morris of Aberavon, L.
Morris of Manchester, L.
Murray of Epping Forest, L.
Northover, B.
Oakeshott of Seagrove Bay, L.
Patel of Blackburn, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Ponsonby of Shulbrede, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Razzall, L.
Redesdale, L.
Rendell of Babergh, B.
Rooker, L.
Roper, L.
Sainsbury of Turville, L.
Sandberg, L.
Sandwich, E.
Scotland of Asthal, B.
Scott of Needham Market, B.
Sharp of Guildford, B.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Smith of Clifton, L.
Stern, B.
Sutherland of Houndwood, L.
Symons of Vernham Dean, B.
Taverne, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tomlinson, L.
Tope, L.
Turnberg, L.
Turner of Camden, B.
Wallace of Saltaire, L.
Walmsley, B.
Warner, L.
Whitaker, B.
Whitty, L.
Williams of Elvel, L.
Williamson of Horton, L.
Worcester, Bp.

Resolved in the negative, and amendment disagreed to accordingly.

30 Oct 2003 : Column 411

12.59 p.m.

Baroness Scotland of Asthal moved Amendment No. 308:

    After Clause 211, insert the following new clause—

(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.

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(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)."

On Question, amendment agreed to.

Clause 212 [Other interpretative provisions]:

Baroness Scotland of Asthal moved Amendments Nos. 309 to 312:

    Page 120, line 8, at end insert—

"(2A) References to the designated authority must be read in accordance with section 2(9)."
Page 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)."
Page 120, line 16, leave out subsection (7).

    Page 120, line 31, leave out "and 211" and insert "to (European framework list)"

On Question, amendments agreed to.

Clause 215 [Amendments]:

Baroness Scotland of Asthal moved Amendment No. 313:

    Page 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 noble Baroness said: My Lords, it gives me pleasure to move this series of amendments and I will briefly explain the nature of them. I hope not to take too long, but it is important to explain to the House how these amendments fit in. I crave your Lordships' patience.

Amendment No. 313 should not come as too much of a surprise, because provisions with virtually identical wording can be found in the Courts Bill and the Criminal Justice Bill. The amendment is necessary because all three Bills are going through at the same time. They contain various cross-references to each other, but we do not know in which order they will receive Royal Assent.

For example, the Criminal Justice Bill refers to extradition under the Extradition Act of 1989. That reference needs to be updated, but that cannot be done until this Bill has been enacted. This amendment allows us to make the necessary minor and consequential amendments to other pieces of

30 Oct 2003 : Column 413

legislation being enacted in the same parliamentary Session. As I said earlier, the other relevant pieces of legislation contain something in similar vein.

As your Lordships will be aware, at almost the same time that we began Report stage last week, the Select Committee on Delegated Powers and Regulatory Reform published its supplementary report on the Bill. I am pleased to say that, generally, government amendments were given a clean bill of health. However, the Committee made a specific recommendation in respect of Amendment No. 313. It suggested that the power to amend other Acts should be subject to the affirmative resolution procedure. As we have already demonstrated in connection with this Bill, we attach very great importance to the views and recommendations of that committee. Accordingly, despite the rather short notice, we have brought forward amendments to give effect to the committee's recommendation. Amendments Nos. 321A to 321C will replace Amendment No. 321, which I shall not be moving. Their effect is to make orders under the new Clause 215(2) inserted by Amendment No. 313 subject to the affirmative procedure if they contain provisions amending or repealing an Act.

I am sure your Lordships will welcome that important extra safeguard, and I hope that having it means that the noble Baroness, Lady Anelay, will see no need to press her Amendment No. 314 which would remove the reference to "supplementary" changes. I beg to move.

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