17 December 2002
By the Select Committee appointed to examine the
constitutional implications of all public bills coming before
the House; and to keep under review the operation of the constitution.
CO-OPERATION) BILL [HL]
1. A bill has been introduced into this House to
make provision for furthering co-operation with other countries
in respect of criminal proceedings and investigations; to extend
jurisdiction to deal with terrorist acts or threats outside the
United Kingdom; to amend section 5 of the Forgery and Counterfeiting
Act 1981 and make corresponding provision in relation to Scotland;
and for connected purposes.
2. We consider that aspects of the bill raise questions
of principle about principal parts of the constitution.
We therefore wrote to Lord Filkin, Parliamentary Under-Secretary
of State in the Home Office, and the Minister in charge of the
bill, and are grateful for his prompt reply. Our correspondence
3. The first aspect of the bill on which we corresponded
with the Minister is the proposal that foreign police officers
should be permitted to carry out unaccompanied surveillance operations
within the United Kingdom for up to 5 hours.
4. The second aspect concerns the rights of appeal
of an individual to a national court, subsequent to that individual
being disqualified from driving for a driving offence abroad.
5. We draw these matters to the attention of the
House as raising questions of principle about principal parts
of the constitution.
1 We set out our approach to scrutiny in our First
Report, Session 2001-02, HL Paper 11, Chapter 3. Back