Export Control Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 11

 

THE LORD REDESDALE
THE LORD PHILLIPS OF SUDBURY

65Page 7, line 5, at end insert "after consultation with relevant non-governmental and industrial organisations"
 

THE LORD SAINSBURY OF TURVILLE

66Page 7, line 5, at end insert—
"(2)  An order under this section may make transitional provision in connection with any modification made by the order."
 

Clause 12

 

THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK

67Page 7, line 10, after "section" insert "1, 2, 3, 4 or"
68Page 7, line 21, leave out paragraph (a)
 

Clause 15

 

THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK
THE LORD RAZZALL
THE LORD REDESDALE

69Page 8, line 21, leave out subsection (4)
 

THE LORD RAZZALL
THE LORD REDESDALE

70Page 8, line 25, leave out "to the Isle of Man or"
71Page 8, line 27, at end insert "and the Isle of Man"
 

Schedule

 

THE LORD SAINSBURY OF TURVILLE

72Page 9, leave out lines 3 to 10
 

THE BARONESS ANELAY OF ST JOHNS

73Page 9, line 4, at end insert—
  "A control order shall be made for the purpose of giving effect to any obligation of the United Kingdom which arises out of its signature to the UNESCO Convention."
 

THE LORD SAINSBURY OF TURVILLE

74Page 9, line 10, at end insert—
 "1   (1)   Export controls and trade controls may be imposed in relation to—
(a)  military equipment;
(b)  goods on which military technology is recorded or from which it can be derived;
(c)  equipment intended, designed or adapted for use in the development or production of military equipment.
    (2)   Transfer controls may be imposed in relation to military technology.
    (3)   Technical assistance controls may be imposed in relation to any services connected with the development, production or use of—
(a)  military equipment;
(b)  military technology; or
(c)  equipment falling within sub-paragraph (1)(c).
    (4)   In this paragraph (without prejudice to the generality of the terms)—
 "military equipment" includes—
(a)  firearms and other weapons (whether or not intended, designed or adapted for military use or in military use);
(b)  goods intended, designed or adapted for military use (whether or not in military use); and
 "military technology" includes technology intended, designed or adapted—
(a)  for military use; or
(b)  for use in connection with the development, production or use of military equipment or equipment falling within sub-paragraph (1)(c).
    (5)   For the purposes of sub-paragraph (4) the reference to firearms and other weapons includes a reference to—
(a)  component parts of firearms or other weapons;
(b)  accessories for use with firearms or other weapons; and
(c)  ammunition, missiles or projectiles of any kind which are intended, designed or adapted for use with firearms or other weapons."
75Page 9, leave out lines 11 to 27 and insert—
 "2   (1)   Export controls may be imposed in relation to any goods the exportation or use of which is capable of having a relevant consequence.
    (2)   Transfer controls may be imposed in relation to any technology the transfer or use of which is capable of having such a consequence.
    (3)   Technical assistance controls may be imposed in relation to any technical assistance the provision or use of which is capable of having such a consequence.
    (4)   Trade controls may be imposed in relation to any goods the acquisition, disposal, movement or use of which is capable of having such a consequence."
 

THE LORD RAZZALL
THE LORD REDESDALE

76Page 9, line 27, after "have" insert ", or contribute through cumulative impact to having,"
 

THE LORD SAINSBURY OF TURVILLE

77Page 9, line 28, leave out "this Schedule" and insert "paragraph 2"
 

THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK

78Page 9, line 36, at end insert "or the police services"
 

THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF MANCHESTER

79Page 10, line 16, at end insert—
 "Economic capacity and sustainable development
 F      An adverse effect on—
(a)  the economic capacity; or
(b)  the sustainable development of the country to which the goods were exported, or the technology was transferred."
 

THE LORD SAINSBURY OF TURVILLE

80Page 10, line 16, at end insert—
    "(   )   The question whether an activity involving goods, technology or technical assistance of any particular description is capable of having a relevant consequence is to be determined by the Secretary of State at the time the order imposing the controls is made."
81Page 10, line 22, leave out from beginning to "objects" in line 23 and insert "Export controls may be imposed in relation to"
 

THE BARONESS ANELAY OF ST JOHNS

82Page 10, line 23, at end insert "provided that such objects have been manufactured or produced more than 50 years before the date of exportation except—
(a)  postage stamps and other articles of philatelic interest;
(b)  birth, marriage or death certificates or other documents relating to the personal affairs of the exporter or the spouse of the exporter;
(c)  letters or other writings written by or to the exporter or the spouse of the exporter; and
(d)  any goods exported by, and being the personal property of, the manufacturer or producer thereof, or the spouse, widow or widower of that person."
 

After Schedule

 

THE LORD CAMPBELL-SAVOURS

83*Insert the following new Schedule—
 

"SCHEDULE 2

 

DEFENCE EXPORTS SCRUTINY COMMITTEE

 

TENURE OF OFFICE

 1   (1)   Subject to the provisions of this paragraph, a member of the Committee shall hold office for the duration of the Parliament in which he is appointed.
    (2)   A member of the Committee shall vacate office—
(a)  if he ceases to be a member of the House of Commons;
(b)  if he ceases to be a member of the House of Lords;
(c)  if he becomes a Minister of the Crown; or
(d)  if he is required to do so by the Prime Minister on the appointment, in accordance with section (Defence Exports Scrutiny Committee) of this Act of another person as a member in this place.
    (3)   A member of the Committee can resign at any time by notice to the Prime Minister.
    (4)   Past service is no bar to appointment as a member of the Committee.
 

PROCEDURE

 2   (1)   Subject to the following provisions of this Schedule, the Committee may determine their own procedure.
    (2)   If on any matter there is an equality of voting among the members of the Committee, the chairman shall have a second or casting vote.
    (3)   The chairman may appoint one of the members of the Committee to act, in his absence, as chairman at any meeting of the Committee, but sub-paragraph (2) above shall not apply to a chairman appointed under this sub-paragraph.
    (4)   The quorum of the Committee shall be three.
    (5)   The Prime Minister may by order introduce a code for arrangements for the notification to the Committee and handling by the Committee of information disclosed under paragraph 3 below.
 

ACCESS TO INFORMATION

 3   (1)   If a Secretary of State is asked by the Committee to disclose any information, then, as to the whole or any part of the information which is sought, he shall either—
(a)  arrange for it to be made available to the Committee; or
(b)  inform the Committee that it cannot be disclosed because it is sensitive information (as defined in paragaph 4 below) which, in his opinion, should not be made available under paragraph (a) above.
    (2)   The Secretary of State shall not make a determination under sub-paragraph (1)(b) above with respect to any information on the grounds of national security alone and, subject to that, he shall not make such a determination unless the information appears to him to be of such a nature that, if he were requested to produce it before a Select Committee of either House of Parliament, he would think it proper not to do so.
 

SENSITIVE INFORMATION

 4      The following information is sensitive information for the purposes of paragaph 3 above—
(a)  information that would directly threaten national security subject to paragraph 2 above;
(b)  information that involves operational considerations in crises or conflicts;
(c)  information provided by, or an agency of, the Government of a territory outside the United Kingdom where that Government does not consent to the disclosure of the information;
(d)  information prejudicial to the operations of a government department."

 
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©Parliamentary copyright 2002
6 February 2002