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Monday 6th November 2006

Consideration of Lords Message


Police and Justice Bill


On Consideration of Lords Amendments in lieu of a Lords Amendment disagreed to by this House
 

 

LORDS AMENDMENTS NOS. 5B TO 5H

Mr Secretary Reid

    To move, That this House agrees with the Lords in their Amendments.

On Consideration of Lords Reasons for insisting on Amendments

LORDS REASON NO. 36B

Mr Secretary Reid

    To move, That this House insists on its disagreement with the Lords in their Amendment No. 36 but proposes the following Amendments to the Bill in lieu of that amendment:—

Mr Secretary Reid

(A)

Page 36, line 44, at end insert the following new Clause:—

    Designation of United States of America

      (1) In article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) (territories designated for the purposes of sections 71, 73, 84 and 86 of the Extradition Act 2003) the entry for the United States of America is omitted.

      (2) An order bringing subsection (1) into force is not to be made—

        (a) within the period of 12 months beginning with the day on which this Act is passed, or

        (b) if instruments of ratification of the 2003 treaty have been exchanged.

      In this subsection “the 2003 treaty” means the Extradition Treaty between the United Kingdom of Great Britain and Northern Ireland and the United States of America signed at Washington on 31st March 2003.

      (3) Subject to subsection (2), if after the end of the period mentioned in subsection (2)(a) a resolution is made by each House of Parliament that subsection (1) should come into force, the Secretary of State shall make an order under section 51 bringing it into force.

      (4) An order made by virtue of subsection (3) must bring subsection (1) into force no later than one month after the day on which the resolutions referred to in subsection (3) are made or, if they are made on different days, the day on which the later resolution is made.

      (5) If subsection (1) is brought into force, it does not affect the power of the Secretary of State to make a further order under section 71(4), 73(5), 84(7) or 86(7) of the Extradition Act 2003 (c. 41) amending article 3 of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 so as to add a reference to the United States of America.

      (6) An order such as is mentioned in subsection (5) may include provision repealing this section.’.

 

(B)

Page 39, line 1, at end insert—

        ‘( ) section (Designation of United States of America)(2) to (6);’.

LORDS REASONS NOS. 81B, 82B, 83B AND 84B

Mr Secretary Reid

    To move, That this House insists on its disagreement with the Lords in their Amendments Nos. 81 to 84 but proposes the following Amendments to the Bill in lieu of those amendments:—

Mr Secretary Reid

     

(A)

Page 134, line 44, at end insert—

    Restriction on extradition in cases where trial in United Kingdom more appropriate

    3A (1) In section 11 (bars to extradition)—

      (a) at the end of subsection (1) there is inserted—

        “(j) forum.”;

      (b) in subsection (2), for the words from “12” to “apply” there is substituted “12 to 19B apply”.

    (2) After section 19A (inserted by paragraph 3 above) there is inserted—

    19B Forum

      (1) A person’s extradition to a category 1 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

        (a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

        (b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

      (2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

      (3) This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.”

    3B (1) In section 79 (bars to extradition)—

      (a) at the end of subsection (1) there is inserted—

        “(e) forum.”;

      (b) in subsection (2), for “Sections 80 to 83” there is substituted “Sections 80 to 83A”.

    (2) After section 83 there is inserted—

    83A Forum

      (1) A person’s extradition to a category 2 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

        (a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

        (b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

      (2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

      (3) This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.”

    3C (1) An order bringing paragraph 3A or 3B into force is not to be made within the period of 12 months beginning with the day on which this Act is passed.

    (2) If after the end of that period a resolution is made by each House of Parliament that paragraphs 3A and 3B (or either of them) should come into force, the Secretary of State shall make an order under section 51 bringing the paragraphs (or paragraph) into force.

    (3) An order made by virtue of sub-paragraph (2) must bring the provisions in question into force no later than one month after the day on which the resolutions referred to in that sub-paragraph are made or, if they are made on different days, the day on which the later resolution is made.’.

 

(B)

Page 39, line 1, at end insert—

        ‘( ) paragraph 3C of Schedule 14;’.

ORDER OF THE HOUSE [6TH MARCH 2006]

       That the following provisions shall apply to the Police and Justice Bill:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 28th March 2006.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


 
 
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Prepared: 6 November 2006