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Clause 122 --

Execution of warrants

Mr. Maclean : I beg to move amendment No. 285, in page 92, line 28, after taken', insert

, as soon as reasonably practicable,'.


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11.30 pm

Madam Deputy Speaker : With this, it will be convenient to take Government amendments Nos. 286, 299, 287, 108 to 120, 288, 121, 89, 298, 91, 300, 92 to 96, 289, 97, 98, 290, 99, 100, 291, 348, 301, 101, 102, 305, 306, 302, 303.

Mr. Trimble : I do not wish to delay the proceedings of the House-- [ Hon. Members-- : "Hear, hear."] I shall ignore the delay caused by the unnecessary noise that interrupted me. I rise merely to remark on the fact that the amendments are to clauses that provide for cross-border enforcement. I hasten to add that they provide not for the crucial cross- frontier enforcement that should exist but for cross-border enforcement originally drafted between Scotland and England. When the clauses were introduced in Committee, we received strong representations from the Royal Ulster Constabulary that they should be extended to Northern Ireland. We passed on those representations to the Government and are delighted to see that the amendments now provide for sensible provisions to enable warrants and other procedures to be enforceable throughout the United Kingdom. It is a welcome measure and I am delighted to see that the Government have followed our advice on the matter.

Mr. Maclean : I am delighted to accept the hon. Gentleman's thanks for yet another wise move in this Bill.

Amendment agreed to .

Amendments made : No. 286, in page 92, leave out line 38 and insert

by a constable of a police force in Scotland.

( ) Any other person within the directions in a warrant executing that warrant under this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in the country of issue by the person within those directions.'.

No. 299, in page 92, line 39, leave out from section' to applies' in line 40.

No. 287, in page 92, line 44, after committal', insert

, a warrant of detention and return of sentence'.--[ Mr. Maclean .]

Clause 123 --

Cross-border powers of arrest etc.

Amendments made : No. 108, in page 93, line 9, after Scotland' insert or in Northern Ireland'.

No. 109, in page 93, line 10, after Scotland' insert or in Northern Ireland'.

No. 110, in page 93, line 14, after Wales' insert or in Northern Ireland'.

No. 111, in page 93, line 15, after Wales' insert or in Northern Ireland'.

No. 112, in page 93, line 17, at end insert

(2A) If the conditions applicable to this subsection are satisfied, any constable of a police force in Northern Ireland who has reasonable grounds for suspecting that an offence has been committed or attempted in Northern Ireland and that the suspected person is in England or Wales or in Scotland may arrest without a warrant the suspected person wherever he is in England or Wales or in Scotland.'.

No. 113, in page 93, line 25, at end insert

(4A) The conditions applicable to subsection (2A) above are (a) that the suspected offence is an arrestable offence ; or


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(b) that, in the case of any other offence, it appears to the constable that service of a summons is impracticable or inappropriate for any of the reasons specified in subsection (3) of section 124.'. No. 114, in page 93, line 29, after England' insert or in Northern Ireland'.

No. 115, in page 93, line 31, after Wales' insert or in Northern Ireland'.

No. 116, in page 93, line 35, after investigated' insert or to the nearest convenient designated police station in Northern Ireland or to a designated police station in Northern Ireland in which the offence is being investigated'.

No. 117, in page 93, line 37, after station' insert in Scotland'.

No. 118, in page 93, line 39, after Wales' insert or in Northern Ireland'.

No. 119, in page 93, line 39, at end insert

(d) if he arrested him in Northern Ireland, to take the person arrested either to the nearest convenient designated police staion in England or Wales or to a designated police station in the police area in England and Wales in which the offence is being investigated or to the nearest convenient police station in Scotland or to a police station within the sheriffdom in which the offence is being investigated ;

(e) if he detained him in Northern Ireland, to take the person detained to either such police station in Scotland as is mentioned in paragraph (b) above, or to the nearest convenient designated police station in Northern Ireland ;'.

No. 120, in page 93, line 42, after (1)' insert or (2A)'. No. 288, in page 93, line 46, leave out of search' and insert and duties'.

No. 121, in page 94, line 5, after 1984' insert

and, in relation to Northern Ireland, have the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 ; and "constable of a police force", in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.'.--[ Mr. Maclean .]

Clause 124 --

Powers of arrest etc : supplementary provisions

Amendments made : No. 89, in page 94, line 19, after (b)' insert and (4A)(b)'.

No. 298, in page 94, line 38, leave out the highway' and insert a highway or road'.--[ Mr. Maclean .]

Clause 125 --

Search powers available on arrests under sections 122 and 123

Amendments made : No. 91, in page 95, line 20, leave out (b)' and (a)'.

No. 300, in page 96, line 24, at end insert

"item subject to legal privilege" has the meaning given to it (a) as respects anything in the possession of a person searched in England and Wales, by section 10 of the Police and Criminal Evidence Act 1984 ;

(b) as respects anything in the possession of a person searched in Scotland, by section 40 of the Criminal Justice (Scotland) Act 1987 ;

(c) as respects anything in the possession of a person searched in Northern Ireland, by Article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 ;'.

No. 92, in page 96, line 35 [Clause 126], after Scotland' insert or in Northern Ireland'.--[ Mr. Maclean .]


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Clause 126 --

Reciprocal powers of arrests

Amendments made : No. 93, in page 96, line 37, after Scotland' insert or in Northern Ireland'.

No. 94, in page 97, line 3, after Wales' insert or in Northern Ireland'.

No. 95, in page 97, line 5, after Wales' insert or in Northern Ireland'.

No. 96, in page 97, line 9, at end insert

(5) Where a constable of a police force in Northern Ireland would, in relation to an offence, have power to arrest a person in Northern Ireland under Article 26(6) or (7) or 27 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences and non-arrestable offences in certain circumstances) a constable of a police force in England and Wales or Scotland shall have the like power of arrest in Northern Ireland.

(6) Where a constable of a police force in England and Wales or in Scotland arrests a person in Northern Ireland by virtue of subsection (5) above

(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by Article 30 of that Order ;

(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by Article 32 of that Order and so as respects the other related requirements of that Article ; and

(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by Article 34 of that Order. (7) In this section "constable of a police force", in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.'.--[ Mr. Maclean .]

Clause 127 --

Aid of one police force by another

Amendments made : No. 289, in page 97, line 11, leave out of police'.

No. 97, in page 97, line 12, after Scotland' insert

or the chief constable of the Royal Ulster Constabulary in Northern Ireland'.

No. 98, in page 97, line 13, after force' insert or the Royal Ulster Constabulary'.

No. 290, in page 97, line 14, leave out of police'.

No. 99, in page 97, line 16, after Wales' insert

or the chief constable of the Royal Ulster Constabulary in Northern Ireland'.

No. 100, in page 97, line 17, after force' insert or the Royal Ulster Constabulary'.

No. 291, in page 97, line 24, leave out of police'.

No. 348, in page 97, line 30, after force', insert

(or, where that other force is a police force in Scotland or the Royal Ulster Constabulary in Northern Ireland, of its chief officer or the chief constable of the Royal Ulster Constabulary respectively)'.

No. 301, in page 97, line 41, leave out from beginning to end of line 50.

No. 101, in page 98, line 2, after 1967' insert

or the Police Act (Northern Ireland) 1970'.

No. 102, in page 98, line 2, leave out from Wales' to

respectively' in line 3 and insert , Scotland and Northern Ireland'.--[ Mr. Maclean .]

Clause 128 --

Power to test prisoners for drugs

Amendments made : No. 147, in page 99, leave out lines 7 to 11.


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No. 148, in page 99, leave out lines 15 to 18.--[ Mr. Maclean. ]

Clause 130 --

Prohibited articles in Scottish prisons

Amendment made : No. 149, in page 102, line 43, leave out subsection (10).--[ Mr. Maclean .]

Clause 131 --

Age at which homosexual acts are lawful

Amendment proposed : No. 35, in page 103, line 19, at end insert

In Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in private), for "21" in both places where it occurs there is substituted "18".'.-- [Ms Hoey.]

Question put, That the amendment be made :

The House divided : Ayes 254, Noes 141.

Division No. 207] [11.34 pm

AYES

Abbott, Ms Diane

Adams, Mrs Irene

Ainger, Nick

Ainsworth, Robert (Cov'try NE)

Alexander, Richard

Alison, Rt Hon Michael (Selby)

Anderson, Ms Janet (Ros'dale)

Ashby, David

Ashton, Joe

Atkinson, David (Bour'mouth E)

Austin-Walker, John

Banks, Robert (Harrogate)

Barnes, Harry

Barron, Kevin

Batiste, Spencer

Battle, John

Bayley, Hugh

Beith, Rt Hon A. J.

Bennett, Andrew F.

Bermingham, Gerald

Betts, Clive

Blair, Tony

Boateng, Paul

Booth, Hartley

Boswell, Tim

Bowden, Andrew

Bowis, John

Bradley, Keith

Brandreth, Gyles

Bray, Dr Jeremy

Brown, M. (Brigg & Cl'thorpes)

Brown, N. (N'c'tle upon Tyne E)

Browning, Mrs. Angela

Burden, Richard

Burns, Simon

Byers, Stephen

Campbell, Menzies (Fife NE)

Campbell, Ronnie (Blyth V)

Campbell-Savours, D. N.

Cann, Jamie

Carlile, Alexander (Montgomry)

Carlisle, Kenneth (Lincoln)

Carrington, Matthew

Chapman, Sydney

Chisholm, Malcolm

Clapham, Michael

Clark, Dr David (South Shields)

Clarke, Rt Hon Kenneth (Ruclif)

Clarke, Tom (Monklands W)

Clwyd, Mrs Ann

Coe, Sebastian

Coffey, Ann

Congdon, David

Connarty, Michael

Conway, Derek

Cook, Robin (Livingston)

Corbyn, Jeremy

Corston, Ms Jean

Cousins, Jim

Cox, Tom

Cunningham, Jim (Covy SE)

Cunningham, Rt Hon Dr John

Currie, Mrs Edwina (S D'by'ire)

Curry, David (Skipton & Ripon)

Dalyell, Tam

Darling, Alistair

Davidson, Ian

Davies, Bryan (Oldham C'tral)

Davies, Quentin (Stamford)

Davies, Ron (Caerphilly)

Denham, John

Deva, Nirj Joseph

Devlin, Tim

Dewar, Donald

Donohoe, Brian H.

Douglas-Hamilton, Lord James

Dowd, Jim

Duncan, Alan

Dykes, Hugh

Eagle, Ms Angela

Eggar, Tim

Elletson, Harold

Etherington, Bill

Fabricant, Michael

Field, Frank (Birkenhead)

Fishburn, Dudley

Forth, Eric

Foster, Don (Bath)

Foulkes, George

Fox, Dr Liam (Woodspring)

Fraser, John

Fyfe, Maria

Galbraith, Sam

Galloway, George

Garel-Jones, Rt Hon Tristan

Gerrard, Neil

Godman, Dr Norman A.

Goodlad, Rt Hon Alastair

Gordon, Mildred

Gorst, John

Graham, Thomas

Grant, Bernie (Tottenham)

Greenway, John (Ryedale)

Gunnell, John

Hague, William

Hain, Peter

Hall, Mike

Hampson, Dr Keith


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