S.C.A.
Amendment Paper as at
Thursday 12th June 2003
STANDING COMMITTEE A
CRIME (INTERNATIONAL CO-OPERATION) BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th June 2003].
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Robert Syms
131
Clause 13, page 8, line 17, leave out 'the territorial authority' and insert 'the UK Government'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Robert Syms
132
Clause 13, page 8, line 17, leave out second 'authority' and insert 'the Government'.
Mr David Heath
Mr Alistair Carmichael
126
Clause 13, page 8, line 25, leave out 'country outside the United Kingdom' and insert 'reciprocating country'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Robert Syms
130
Clause 13, page 8, line 33, at end insert 'subject to the requirement that any modification to any such provisions or to the Treaty must be approved by both Houses of Parliament'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
25
Clause 14, page 8, line 40, leave out from beginning to end of line 3 on page 9.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
27
Clause 14, page 9, line 2, leave out ', or intended to be carried on'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
28
Clause 14, page 9, line 3, at end insert—
'(1A) In this section "administrative proceedings" means proceedings that if carried on in the United Kingdom would be proceedings before a court.'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
29
Clause 14, page 9, line 8, at end insert—
| '(aa) | that if the conduct constituting the offence were to occur in a part of the United Kingdom, it would constitute an offence in that part, and'. |
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
30
Clause 14, page 9, line 13, leave out 'is to regard as conclusive a' and insert 'may have regard to any'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
33
Clause 16, page 10, line 15, after 'constable', insert 'or customs officer'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
34
Clause 16, page 10, line 16, after first 'investigation', insert 'of which he has personal knowledge'.
Mr Bob Ainsworth
87
Clause 18, page 11, line 20, after 'constable', insert 'or customs officer'.
Mr David Heath
Mr Alistair Carmichael
133
Clause 19, page 11, line 32, after 'sent', insert 'after a period of seven days'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
35
Clause 19, page 11, line 33, at end insert 'within such time as the Secretary of State may by order prescribe'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
36
Clause 19, page 11, line 33, at end insert—
'(1A) A constable who has seized evidence under or by virtue of sections 16, 17 or 18, shall make and retain a copy (or, where appropriate, a photograph or other representation) of that evidence in accordance with regulations which shall be made by the Secretary of State by order.'.
Mr David Heath
Mr Alistair Carmichael
134
Clause 20, page 12, line 16, after 'other', insert 'judicial'.
Mr David Heath
Mr Alistair Carmichael
135
Clause 20, page 12, line 29, at end insert—
| '( ) | manifestly correspond with the freezing order'. |
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
37
Clause 21, page 12, line 41, leave out 'a court' and insert 'the High Court'.
Mr David Heath
Mr Alistair Carmichael
136
Clause 25, page 14, line 27, leave out 'may' and insert 'must'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
40
Clause 27, page 15, line 35, leave out 'Treasury' and insert 'Secretary of State'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
41
Clause 27, page 15, line 43, at end insert 'and guidance issued by the Secretary of State'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
42
Clause 27, page 16, line 1, leave out subsection (2).
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
43
Clause 29, page 17, line 12, at end insert—
'(1A) An order under subsection (1) shall be made by statutory instrument and may not be made unless a draft of the statutory instrument containing the order has been laid before and approved by a resolution of each House of Parliament.'.
Mr James Paice
Mr Nick Hawkins
Mr Robert Syms
86A
Clause 30, page 17, line 25, leave out 'appears to'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
44
Clause 30, page 17, line 25, after 'State' insert 'knows'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
45
Clause 30, page 17, line 26, at end insert—
'(2A) A request under subsection (1) must—
| (a) | specify the reason why it is not desirable or possible for the witness or expert to attend in person; |
| (b) | give the name of the judicial authority and the names of the persons who will be conducting the hearing; and |
| (c) | state that the witness is willing to give evidence by television link in the proceedings before that court.'. |
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
46
Clause 30, page 17, line 27, leave out 'Unless he considers it inappropriate to do so'.
Mr David Heath
Mr Alistair Carmichael
137
Clause 30, page 17, line 28, after 'court', insert 'or other place'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
47
Clause 30, page 17, line 29, at end insert—
'(3A) The provisions of subsections (4) and (5) shall be drawn to the attentions of any person giving evidence by virtue of this section before he gives evidence.'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
48
Clause 30, page 17, line 32, at end insert '(unless the conduct in question would not constitute contempt of the court in the country outside the United Kingdom before which the proceedings in questions are being carried on)'.
Mr David Heath
Mr Alistair Carmichael
138
Clause 30, page 18, line 3, at end insert 'but may subsequently be used as evidence, if admissible, in proceedings in the United Kingdom.'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
49
Clause 31, page 18, line 20, at end insert—
| '(d) | confirm that the witness has received independent legal advice'. |
Mr David Heath
Mr Alistair Carmichael
139
Clause 31, page 18, line 22, after 'court', insert 'or other place'.
Mr David Heath
Mr Alistair Carmichael
140
Clause 31, page 18, line 39, at end insert 'but may subsequently be used as evidence, if admissible, in proceedings in the United Kingdom.'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
50
Schedule 2, page 64, line 30, at end insert—
'(3) The nominated court must be notified that the witness is willingly giving evidence by television link.'
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
51
Schedule 2, page 65, line 5, leave out 'appears to him to' and insert 'he is satisfied will'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
52
Schedule 2, page 65, line 8, at end insert 'including those competent in sign language'.
Mr David Heath
Mr Alistair Carmichael
141
Schedule 2, page 65, line 8, at end insert 'to ensure that proceedings are understood by
| (a) | the witness or witnesses; and |
| (b) | the nominated court.'. |
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
54
Schedule 2, page 65, line 38, at end insert—
'(16A) The nominated court shall intervene where it considers it necessary to do so in order to safeguard the rights of the witness.'.
