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| | On Consideration of Lords Amendments in lieu of a Lords Amendment disagreed to by this House
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| | | Lords Amendments Nos. 5B to 5H |
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| | Mr Secretary Reid | Agreed to |
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| | To move, That this House agrees with the Lords in their Amendments. |
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| | On Consideration of Lords Reasons for insisting on Amendments |
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| | To move, That this House insists on its disagreement with the Lords in their Amendment No. |
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| | 36 but proposes the following Amendments to the Bill in lieu of that amendment:— |
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| | Page 36, line 44, at end insert the following new Clause:— |
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| | | | ‘Designation of United States of America |
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| | | (1) | In article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) |
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| | | Order 2003 (S.I. 2003/3334) (territories designated for the purposes of sections |
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| | | 71, 73, 84 and 86 of the Extradition Act 2003) the entry for the United States of |
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| | | (2) | An order bringing subsection (1) into force is not to be made— |
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| | | (a) | within the period of 12 months beginning with the day on which this Act |
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| | | (b) | if instruments of ratification of the 2003 treaty have been exchanged. |
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| | | | In this subsection “the 2003 treaty” means the Extradition Treaty between the |
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| | | United Kingdom of Great Britain and Northern Ireland and the United States of |
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| | | America signed at Washington on 31st March 2003. |
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| | | (3) | Subject to subsection (2), if after the end of the period mentioned in subsection |
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| | | (2)(a) a resolution is made by each House of Parliament that subsection (1) should |
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| | | come into force, the Secretary of State shall make an order under section 51 |
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| | | (4) | An order made by virtue of subsection (3) must bring subsection (1) into force no |
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| | | later than one month after the day on which the resolutions referred to in |
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| | | subsection (3) are made or, if they are made on different days, the day on which |
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| | | the later resolution is made. |
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| | | (5) | If subsection (1) is brought into force, it does not affect the power of the Secretary |
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| | | of State to make a further order under section 71(4), 73(5), 84(7) or 86(7) of the |
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| | | Extradition Act 2003 (c. 41) amending article 3 of the Extradition Act 2003 |
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| | | (Designation of Part 2 Territories) Order 2003 so as to add a reference to the |
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| | | United States of America. |
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| | | (6) | An order such as is mentioned in subsection (5) may include provision repealing |
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| | Page 39, line 1, at end insert— |
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| | | ‘( ) | section (Designation of United States of America)(2) to (6);’. |
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| | | Lords Reasons Nos. 81B, 82B, 83B and 84B |
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| | To move, That this House insists on its disagreement with the Lords in their Amendments Nos. |
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| | 81 to 84 but proposes the following Amendments to the Bill in lieu of those amendments:— |
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| | Page 134, line 44, at end insert— |
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| | | ‘Restriction on extradition in cases where trial in United Kingdom more appropriate |
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| | | 3A (1) | In section 11 (bars to extradition)— |
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| | | (a) | at the end of subsection (1) there is inserted— |
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| | | (b) | in subsection (2), for the words from “12” to “apply” there is |
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| | | substituted “12 to 19B apply”. |
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| | | (2) | After section 19A (inserted by paragraph 3 above) there is inserted— |
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| | | (1) | A person’s extradition to a category 1 territory (“the requesting |
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| | | territory”) is barred by reason of forum if (and only if) it appears |
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| | | (a) | a significant part of the conduct alleged to constitute the |
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| | | extradition offence is conduct in the United Kingdom, and |
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| | | (b) | in view of that and all the other circumstances, it would not be |
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| | | in the interests of justice for the person to be tried for the |
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| | | offence in the requesting territory. |
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| | | (2) | For the purposes of subsection (1)(b) the judge must take into account |
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| | | whether the relevant prosecution authorities in the United Kingdom |
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| | | have decided not to take proceedings against the person in respect of |
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| | | (3) | This section does not apply if the person is alleged to be unlawfully at |
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| | | large after conviction of the extradition offence.” |
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| | | 3B (1) | In section 79 (bars to extradition)— |
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| | | (a) | at the end of subsection (1) there is inserted— |
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| | | (b) | in subsection (2), for “Sections 80 to 83” there is substituted “Sections |
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| | | (2) | After section 83 there is inserted— |
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| | | (1) | A person’s extradition to a category 2 territory (“the requesting |
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| | | territory”) is barred by reason of forum if (and only if) it appears |
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| | | (a) | a significant part of the conduct alleged to constitute the |
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| | | extradition offence is conduct in the United Kingdom, and |
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| | | (b) | in view of that and all the other circumstances, it would not be |
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| | | in the interests of justice for the person to be tried for the |
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| | | offence in the requesting territory. |
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| | | (2) | For the purposes of subsection (1)(b) the judge must take into account |
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| | | whether the relevant prosecution authorities in the United Kingdom |
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| | | have decided not to take proceedings against the person in respect of |
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| | | (3) | This section does not apply if the person is alleged to be unlawfully at |
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| | | large after conviction of the extradition offence.” |
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| | | 3C (1) | An order bringing paragraph 3A or 3B into force is not to be made within the |
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| | | period of 12 months beginning with the day on which this Act is passed. |
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| | | (2) | If after the end of that period a resolution is made by each House of Parliament |
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| | | that paragraphs 3A and 3B (or either of them) should come into force, the |
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| | | Secretary of State shall make an order under section 51 bringing the paragraphs |
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| | | (or paragraph) into force. |
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| | | (3) | An order made by virtue of sub-paragraph (2) must bring the provisions in |
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| | | question into force no later than one month after the day on which the |
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