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25 Mar 2003 : Column 216—continued
New Clause 18
Remand to Local Authority Accommodation
(1) Section 23 of the Children and Young Persons Act 1969 (remand to local authority accommodation) is amended as set out in subsections (2) to (11).
(2) In subsection (1) after "following provisions of this section" insert "(except subsection (1A))".
(3) After subsection (1) insert—
"(1A) Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation."
(4) In subsection (4) after "subsections (5)" insert ", (5ZA)".
(5) In subsection (5) after "security requirement" insert "in relation to a person remanded in accordance with subsection (1) above".
(6) After subsection (5) insert—
"(5ZA) A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless—
(a) he has attained the age of twelve and is of a prescribed description;
(b) one or both of the conditions set out in subsection (5ZB) below is satisfied; and
(c) the condition set out in subsection (5AA) below is satisfied.
(5ZB) The conditions mentioned in subsection (5ZA)(b) above are—
(a) that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more;
(b) that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate.
(5ZC) For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings—
(a) he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or
(b) he has surrendered into the custody of a court and he has at any time absented himself from the court without its leave."
(7) In subsection (5AA) for "subsection (5)" substitute "subsections (5) and (5ZA)".
(8) In subsection (12) for the definition of "relevant court" substitute—
""relevant court"—in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates' court having jurisdiction in the place where he is for the time being; in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded."
(9) In subsection (12) in the appropriate places insert—
""extradition proceedings" means proceedings under the Extradition Act 2003;";
""requesting territory" means the territory to which a person's extradition is sought in extradition proceedings;".
(10) In section 98(1) of the Crime and Disorder Act 1998 (modifications of section 23 of the Children and Young Persons Act 1969 in relation to 15 and 16 year old boys) after paragraph (b) insert "; and
(c) is not remanded in connection with proceedings under the Extradition Act 2003.".'.
—[Mr. Bob Ainsworth.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 1
Terrorism
'.— "Terrorism" has the meaning given by section 1 of the Terrorism Act 2000 (c.11).'.—[Mr. Hawkins.]
Brought up, and read the First time.
Mr. Hawkins: I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker : With this it will be convenient to discuss the following:
Amendment No. 89, in page 1 [Clause 1], leave out line 6 and insert
'of the European Union that have abolished the death penalty in all circumstances'.
Amendment No. 16, in page 1, line 7 [Clause 1], leave out from 'to' to end of line 8 and insert,
'territories that are party to the European Convention on Human Rights'.
Amendment No. 90, in page 1, line 7 [Clause 1], leave out from second 'territories' to end of line 8 and insert
'of the European Union that have abolished the death penalty in all circumstances'.
Amendment No. 24, in page 1, line 8 [Clause 1], at end add—
'(3) A territory may not be designated for the purposes of this Part unless that territory is—
(a) a signatory to the European framework decision, or
(b) a signatory to the convention implementing the Schengen agreement.'.
Government amendment Nos. 34, 46 and 48.
Amendment No. 1, in page 30, line 34 [Clause 63], leave out
'falls within the European framework list'
'constitutes terrorism'.
Amendment No. 2, in page 32, line 19 [Clause 64], leave out
'falls within the European framework list'
'constitutes terrorism'.
Amendment No. 3, in page 33 [Clause 65], leave out lines 45 and 46.
Amendment No. 25, in page 33, line 45 [Clause 65], leave out
'article 2.2 of the European framework decision'
'Schedule (European Framework List)'.
Amendment No. 26, in page 33, line 46 [Clause 65], at end insert—
'(3A) Schedule (European Framework List) (which is the list of conduct referred to in subsection (3) above) shall have effect.'.
Amendment No. 27, in page 33, line 46 [Clause 65], at end insert—
'(3B) The Secretary of State may by order amend the list of conduct set out in Schedule (European Framework List), but only in so far as is necessary to incorporate any extensions or amendments made to article 2.2 of the European framework decision by the Council of the European Union.'.
Amendment No. 28, in page 34, line 34 [Clause 68], at end add—
'(3) A territory may not be designated for the purposes of this Part unless that territory is—
(a) a territory with which the United Kingdom has entered into a bilateral treaty governing extradition arrangements as between the United Kingdom and that territory, or
(b) a territory with which the United Kingdom has entered into a multilateral treaty governing extradition arrangements as between the United Kingdom, that territory and one or more other territories.'.
Amendment No. 29, in page 107, line 42 [Clause 198], at end insert—
'(6A) The convention implementing the Schengen agreement is the convention made on 19 June 1990 implementing the Schengen agreement of 14 June 1985 between the governments of the states of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJL239, 22.09.2000, p.19).'.
Amendment No. 30, in page 109, line 5 [Clause 204], after '5(2),', insert '65(3B)'.
Amendment No. 31, in page 109, line 6 [Clause 204], after '5(2),', insert '65(3B)'.
Section 65
European Framework List
1 Participation in a criminal organisation.
2 Terrorism.
3 Trafficking in human beings.
4 Sexual exploitation of children and child pornography.
5 Illicit trafficking in narcotic drugs and psychotropic substances.
6 Illicit trafficking in weapons, munitions and explosives.
7 Corruption.
8 Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.
9 Laundering of the proceeds of crime.
10 Counterfeiting currency, including of the euro.
11 Computer-related crime.
12 Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
13 Facilitation of unauthorised entry and residence.
14 Murder, grievous bodily injury.
15 Illicit trade in human organs and tissue.
16 Kidnapping, illegal restraint and hostage-taking.
17 Racism and xenophobia.
18 Organised or armed robbery.
19 Illicit trafficking in cultural goods, including antiques and works of art.
20 Swindling.
21 Racketeering and extortion.
22 Counterfeiting and piracy of products.
23 Forgery of administrative documents and trafficking therein.
24 Forgery of means of payment.
25 Illicit trafficking in hormonal substances and other growth promoters.
26 Illicit trafficking in nuclear or radioactive materials.
27 Trafficking in stolen vehicles.
28 Rape.
29 Arson.
30 Crimes within the jurisdiction of the International Criminal Court.
31 Unlawful seizure of aircraft/ships.
32 Sabotage.'.
Mr. Hawkins: This is the biggest issue in the Bill for us, and I make it clear to the Minister that we intend to divide the House on it. As my right hon. Friend the Member for West Dorset (Mr. Letwin) said on Second Reading, if part 1 applied only to terrorist offences we could, albeit in some ways reluctantly, accept it, because the unique threat of terrorism in our view alone justifies the draconian measures that the Government have proposed. The link between new clause 1 and amendments Nos. 1 and 2 would do that. Amendment No. 3 returns to the issue of the framework list, which we have already debated today. Amendment No. 16 refers back to the question of which countries have signed up to the ECHR.
In their amendments Nos. 89 and 90, the Liberal Democrats seek to take out countries that have the death penalty. In this House, the death penalty is a free-vote issue, on which hon. Members can express their personal views. I shall not detain the House on the matter this afternoon. I expressed my view in Committee, and I refer hon. Members to that.
Several hon. Members in Standing Committee expressed the concern that, if it turned out that the Liberal Democrat amendments opened up a further loophole in respect of other countries that have retained the death penalty, people who should be extradited for very serious offences should not continue to be a burden on the British taxpayer by remaining in our prisons. In addition, Conservative Members understand entirely the reasoning of the Chairman of the Select Committee, the hon. Member for Sunderland, South (Mr. Mullin). I am pleased to see him in his place, as he has tabled amendments 25 to 31, and new schedule 1, in association with Liberal Democrat Members. The proposals would put the whole of the European framework list of offences on the face of the Bill. They would also include in the Bill a reference to Schengen.
We believe that what those amendments propose would be better than having no parliamentary scrutiny at all. As I explained, however, Conservative Members have not followed the route chosen by Liberal Democrat Members and the hon. Member for Sunderland, South.
We do not agree with the framework list of offences. Many organisations outside the House do not agree with it. They include, on the left of politics, organisations such as Justice, and Liberty. Opponents on the right of politics include the Freedom Association, and the Democracy Movement.We believe that many of the offences in the framework list are far too vague and undefined. I made that point in the debate on the last-but-one group of amendments, and I shall not waste the House's time by staging a reprise. However, the Liberal Democrats have not added their names to amendment No. 24, tabled by the hon. Member for Sunderland, South. Doubtless, the hon. Member for Torridge and West Devon (Mr. Burnett) will say why he does not support that amendment.
Finally, Government amendments Nos. 34, 36 and 48 also deal with the death penalty and put on the face of the Bill what the Home Affairs Committee wanted. EU member states Norway and Iceland are the only countries that the Government have said that they intend to designate. Neither of those countries retains the death penalty, so there is no difference in practice.
Before I end this brief contribution, I want to adopt everything that my right hon. Friend the Member for West Dorset said on Second Reading. He noted that this part of the Bill was justified only in respect of terrorist offences. He said that the very draconian measures in part 1 were not needed, given that part 2 will do so much to speed up extradition proceedings. The sole exception is terrorism. I am sure that all hon. Members will agree—especially in the current international situation, which concentrates all our minds—that terrorism poses a unique threat.
It is for the Government to justify the huge change that they are making. We feel that, despite the many hours in Committee and the warning that they received on Second Reading, the Government have signally failed to justify the change. That is why we intend to divide the House on what is a central matter in the Bill. It is undoubtedly a matter that will concern those in another place, as well as hon. Members in the Chamber this afternoon.
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