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"( ) Subsections (4) and (5) of section 187 apply in relation to directions under this paragraph as they apply in relation to directions under subsection (2) of that section."

On Question, amendments agreed to.

Schedule 6 [CSCI: supplementary]:

Lord Warner moved Amendment No. 59:


On Question, amendment agreed to.

[Amendment No. 60 not moved.]

18 Nov 2003 : Column 1903

Lord Warner moved Amendments Nos. 61 to 64:


    Page 135, line 13, at end insert—


"(1A) In sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Secretary of State to exercise the function of appointment under that sub-paragraph." . Page 135, line 19, leave out paragraph (c) and insert—


"(c) is disqualified from holding office (or was disqualified at the time of his appointment)." Page 135, line 26, leave out "become" and insert "are"


    Page 135, line 31, at end insert—


"( ) The Secretary of State may direct the Special Health Authority referred to in sub-paragraph (1A) to exercise so much of any function of his under sub-paragraph (2) or under regulations under sub-paragraph (3) as may be specified in the direction.
( ) Where directions are given under this paragraph to a Special Health Authority, the 1977 Act has effect as if—
(a) the directions were directions under section 16D of that Act for the exercise of functions relating to the health service, and, accordingly,
(b) the functions were exercisable by the Special Health Authority under that section.
( ) Subsections (4) and (5) of section 187 apply in relation to directions under this paragraph as they apply in relation to directions under subsection (2) of that section."

On Question, amendments agreed to.

Schedule 8 [Part 2: minor and consequential amendments]:

Lord Warner moved Amendment No. 65:


    Page 140, line 16, at end insert—


"5A The CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11)."

On Question, amendment agreed to.

Schedule 13 [Repeals and revocations]:

Baroness Andrews moved Amendment No. 66:

Page 168, line 26, at end insert—


"National Health Service Reform and Health Care Professions Act 2002 (c. 17)In section 15(1), the "and" before paragraph (b)."
On Question, amendment agreed to. On Question, Bill passed, and returned to the Commons with amendments.

Business

Lord Grocott: My Lords, before the next business, I want to make a brief announcement about proceedings tomorrow. As your Lordships will know, the House of Commons is currently considering our amendments to the Criminal Justice Bill, and a list of Commons reasons and amendments will be available in the Printed Paper Office tomorrow morning from nine o'clock. Peers who wish to table amendments or motions for tomorrow's consideration of Commons amendments on the Criminal Justice Bill should do so in the Public Bill office before noon tomorrow.

18 Nov 2003 : Column 1904

Extradition Bill

6 p.m.

Baroness Scotland of Asthal: My Lords, I beg to move that the Commons amendments and reason be now considered.

Moved, That the Commons amendments and reason be now considered.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

COMMONS AMENDMENTS TO CERTAIN LORDS AMENDMENTS, COMMONS REASON FOR DISAGREEING TO A LORDS AMENDMENT AND COMMONS AMENDMENTS IN LIEU OF CERTAIN OTHER LORDS AMENDMENTS
[The page and line refer to HL Bill 50 (Rev) as first printed for the Lords.]
LORDS AMENDMENT

3Clause 2, page 2, line 12, leave out from "including" to end of line 14 and insert "a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person, the nature and legal classification of the offence and the applicable statutory provision;" The Commons agree to this amendment with the following amendments—


3ALine 1, leave out "a description of the circumstances in which the offence was committed, including' and insert 'the conduct alleged to constitute the offence,"
3BLine 3, after "time" insert "and"
3CLine 3, leave out "and degree of participation in the offence by the requested person' and insert 'at which he is alleged to have committed the offence and"
3DLine 4, leave out "the nature and legal classification of the offence and the applicable statutory provision' and insert 'any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence"

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 3A to 3D to Lords Amendment No. 3.

I invite your Lordships to agree to amendments which another place made to the amendment that was pressed in this House on Report. The other place was happy to accept the Government's proposals in that regard, and I hope that noble Lords will take a similar approach.

In putting forward our proposals, the Government sought to try to preserve the spirit of the amendment that your Lordships made while using language suitable for a piece of UK legislation. What we are concerned with is the information that an incoming Part 1 warrant should contain. In the Government's view, the Bill was already explicit on that point, but we appreciate that noble Lords took a different view.

In particular, your Lordships decided to import some wording from the framework decision on the European arrest warrant directly into the Bill. We have no objection to the principle, but it seemed much more sensible to use language which would be readily understood by people in this country and which has been prepared by our expert Parliamentary Counsel.

18 Nov 2003 : Column 1905

The amendments to the amendment which were made in another place remove the requirement that the warrant should contain details of,


    "the nature and legal classification of the offence and the applicable statutory provision".

That was replaced by,


    "any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence".

I hope that your Lordships will recognise that as a slightly neater and more straightforward formulation. I should make it clear, for the avoidance of doubt, that there is already a separate requirement to give details of the sentence that could be passed.

Similarly, the amendments in another place replaced,


    "a description of the circumstances in which the offence was committed",

with details of,


    "the conduct alleged to constitute the offence".

Again, it is the same requirement but simply expressed rather more neatly and in keeping with how our legislation is normally drafted.

One part of the amendment passed by your Lordships was removed without replacement in another place, which was that a warrant should contain information about the,


    "degree of participation in the offence by the requested person".

We did not really understand what was meant by that or its relevance. For extradition purposes, it does not matter if the person is the ringleader or an accomplice, provided that the person is alleged to have committed an extradition crime. To use the example used by my honourable friend Caroline Flint in the other place, does it matter whether the person was waving the sawn-off shotgun at the bank teller or driving the getaway car? Clearly, that may be an important consideration at the eventual trial and in determining sentences to be imposed, but for the purposes of extradition to another EU country we do not think it of the first importance.

As I have tried to indicate, the Government sought, so far as possible, to accept the spirit of the amendment. I am pleased to say that that was accepted in its entirety by Members of another place without dissension or division. I very much hope that noble Lords will similarly give the amendments a warm welcome.

Moved, That the House do agree with the Commons in their Amendments Nos. 3A to 3D to Lords Amendment No. 3.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

LORDS AMENDMENT

26Clause 20, page 10, line 26, at end insert— "(8) For the purposes of subsection (5), the judge should not regard as a retrial or (on appeal) a review amounting to a retrial, any proceedings that do not in particular include provision for—


(a) the suspect to be present at the retrial;
(b) the suspect to have like rights to hear and examine witnesses as he would have done at the original trial;

18 Nov 2003 : Column 1906


(c) the suspect to have the same right to publicly funded legal services as any suspect or defendant." The Commons disagree to this amendment but propose the following amendment in lieu—


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