Third Standing Committee on Delegated Legislation

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Third Standing Committee on Delegated Legislation

The Committee consisted of the following Members:

Chairman:

†Mr. Martin Caton

Carmichael, Mr. Alistair (Orkney and Shetland) (LD)
†Clifton-Brown, Mr. Geoffrey (Cotswold) (Con)
†Cunningham, Mr. Jim (Coventry, South) (Lab)
Etherington, Mr. Bill (Sunderland, North) (Lab)
†Flint, Caroline (Parliamentary Under-Secretary of State for the Home Department)
Green, Mr. Damian (Ashford) (Con)
†Grieve, Mr. Dominic (Beaconsfield) (Con)
Gummer, Mr. John (Suffolk, Coastal) (Con)
†Hendrick, Mr. Mark (Preston) (Lab/Co-op)
†Heppell, Mr. John (Lord Commissioner of Her Majesty’s Treasury)
Hesford, Stephen (Wirral, West) (Lab)
†McKechin, Ann (Glasgow, Maryhill) (Lab)
†Mountford, Kali (Colne Valley) (Lab)
Oaten, Mr. Mark (Winchester) (LD)
†Stewart, Mr. David (Inverness, East, Nairn and Lochaber) (Lab)
†Wood, Mr. Mike (Batley and Spen) (Lab)
Frank Cranmer, Committee Clerk

† attended the Committee

 
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Monday 14 March 2005

[Mr. Martin Caton in the Chair]

Draft Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005

4.30 pm

The Parliamentary Under-Secretary of State for the Home Department (Caroline Flint): I beg to move,

That the Committee has considered the draft Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005.

The Extradition Act 2003 received Royal Assent on 20 November 2003 following intense scrutiny in this House and another place. I hope that we can avoid going over the arguments again. I intend to be brief, as the instrument does not contain anything difficult or contentious.

The order contains further secondary legislation that is required to amend the Extradition Act 2003 (Part 3 Designation) Order 2003. It is required to reflect one of the changes that will be introduced by the Commissioners for Revenue and Customs Bill when it becomes law. The order amends the part of the 2003 order that designated those appropriate persons who can apply to a judge for a part 3 warrant under the provisions of section 142(1) of the 2003 Act and replaces references to Customs and Excise and the Inland Revenue with references to the new post of director of the Revenue and Customs Prosecutions Office.

 
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The Bill will create a new independent prosecuting authority—the Revenue and Customs Prosecutions Office—for all offences investigated by Her Majesty’s Revenue and Customs investigators. RCPO prosecutors will assume the prosecution powers previously held by the commissioners for Customs and Excise and for Inland Revenue.

Customs and Excise commissioners and certain Inland Revenue officers attached to the Inland Revenue extradition group can at present apply to a judge for a part 3 warrant to extradite someone to the United Kingdom. Part 3 warrants can be issued only for countries that have implemented the framework decision on the European arrest warrant and have been designated as category 1 territories under the 2003 Act. As a result of the departmental changes introduced by the new Bill, it is necessary to replace the earlier designations in respect of Customs and Inland Revenue to reflect the changes in the department’s structure.

Although the Bill is not likely to come into force until April, we must amend the earlier order now to ensure that, as soon as the RCPO comes into existence, it can apply for part 3 warrants for extradition requests to category 1 territories for Customs and Inland Revenue offences. The order simply reflects departmental changes that will be introduced by the Commissioners for Revenue and Customs Bill. With that explanation, I hope that the Committee agrees to the order.

4.32 pm

Mr. Dominic Grieve (Beaconsfield) (Con): The order seems sensible and innocuous. Therefore, I do not intend to vote against it.

Question put and agreed to.

Committee rose at twenty-seven minutes to Five o’clock.

                                                                                           

 

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Prepared 15 March 2005