Export Control Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 5th February 2002, as follows—
Clause 5
Clauses 7 and 8 | Clauses 10 to 15
Schedule |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD SAINSBURY OF TURVILLE |
| 43 | Page 4, line 17, leave out subsection (1) and insert— |
| "(1) | Controls may only be imposed— |
| (a) | for the purpose of giving effect to any Community provision or other international obligation of the United Kingdom; or |
| 5 | (b) in relation to a description of thing that is within one or more of the categories mentioned in the Schedule. |
| 6 |
| 8 | "description of thing" means— |
| (a) | a description of goods (in the case of export controls or trade controls); |
| (b) | a description of technology (in the case of transfer controls); or |
| 13 | (c) description of technical assistance (in the case of technical assistance controls); and |
| | "international obligation" includes an obligation relating to a joint action or common position adopted, or a decision taken, by the Council under Title V of the Treaty on European Union (provisions on a common foreign and security policy). |
| (1B) | The Schedule (which explains the categories in relation to which the different kinds of controls may be imposed by virtue of subsection (1)(b)) has effect." |
| | THE LORD PHILLIPS OF SUDBURY
[As an amendment to amendment 43] |
| 43A | Line 5, leave out "a description of thing that is" and insert "goods, technology, or technical assistance falling" |
| | THE LORD RAZZALL
THE LORD REDESDALE
[As an amendment to amendment 43] |
| 43B* | Line 6, at end insert "; or |
| (c) | in relation to a description of thing, the exportation, transfer, provision or use of which is capable of having any of the relevant consequences referred to in the Schedule." |
| | THE BARONESS ANELAY OF ST JOHNS
[As an amendment to amendment 43] |
| 43C | Line 6, 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 of the UNESCO Convention." |
| | THE LORD PHILLIPS OF SUDBURY
[As an amendment to amendment 43] |
| 43D | Leave out lines 8 to 13 and insert— |
| "(a) | "goods" means goods (subject to export controls or trade controls); |
| (b) | "technology" means technology (subject to transfer controls); and |
| (c) | "technical assistance" means technical assistance (subject to technical assistance controls); and" |
| | THE LORD PHILLIPS OF SUDBURY
THE LORD REDESDALE |
| 45 | Page 4, line 20, leave out from "order" to end of line 22 and insert— |
| "(a) | has been laid before and approved by a resolution of each House of Parliament, and |
| (i) | for the order to expire, or |
| (ii) | for the provision imposing controls to cease to have effect," |
| | THE LORD SAINSBURY OF TURVILLE |
| 46 | Page 4, leave out lines 21 to 31 and insert "for its expiry no later than the end of the period of 12 months beginning with the day on which it is made. |
| (3) | The power to make an order which— |
| (a) | amends an earlier order; or |
| (b) | revokes and re-enacts (with or without modifications) an earlier order, |
| | is restricted by subsection (1) only if and to the extent that the order strengthens the controls previously imposed or imposes new controls. |
| (4) | In subsection (3) "an earlier order" does not include an order" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 47 | Page 4, line 23, leave out "12" and insert "3" |
| | THE LORD SAINSBURY OF TURVILLE
[In substitution for amendment 55] |
| 48A* | Insert the following new Clause— |
| | "Guidance about the exercise of functions under control orders |
| (1) | This section applies to licensing powers and other functions conferred by a control order on any person in connection with controls imposed under this Act. |
| (2) | The Secretary of State may give guidance about any matter relating to the exercise of any licensing power or other function to which this section applies. |
| (3) | But the Secretary of State must give guidance about the general principles to be followed when exercising licensing powers to which this section applies. |
| 11 | (4) The guidance required by subsection (3) must include guidance about the consideration (if any) to be given, when exercising such powers, to— |
| 12 |
| (a) | issues relating to sustainable development; and |
| (b) | issues relating to any possible consequences of the activity being controlled that are of a kind mentioned in the Table in paragraph 7 of the Schedule; |
| | but this subsection does not restrict the matters which may be addressed in guidance. |
| (5) | Any person exercising a licensing power or other function to which this section applies shall have regard to any guidance which relates to that power or other function. |
| 22 | (6) A copy of any guidance shall be laid before Parliament and published in such manner as the Secretary of State may think fit. |
| (7) | In this section "guidance" means guidance stating that it is given under this section. |
| (8) | The consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000 shall (until withdrawn or varied under this section) be treated as guidance which— |
| (a) | is given and published under this section; and |
| (b) | fulfils the duty imposed by subsection (3) in respect of any export controls and transfer controls which may be imposed in relation to goods or technology of a description falling within paragraph 1 or 2 of the Schedule." |
| | THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF LICHFIELD
[As an amendment to amendment 48A] |
| 48B* | Line 11, leave out from "must" to ", when" in line 12 and insert "state that regard shall be had" |
| | THE LORD RAZZALL
THE LORD REDESDALE
[As an amendment to amendment 48A] |
| 48C* | Line 22, after "Parliament" insert "within 28 days" |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 48D* | Insert the following new Clause— |
| | "Restrictions on controls relating to information |
| (1) | An order made under section 2 or 3 of this Act may not impose any control on— |
| 5 | (a) many information in the public domain anywhere in the world (whether or not it is the subject of any patent, copyright, or other form of protection for intellectual property), |
| |
| 10 | (b) the placing of any information in the public domain by publication (including for the purposes of a patent copyright or other form of protection of intellectual property) unless any form of restriction is permitted by virtue of any other Act. |
| | THE BARONESS SHARP OF GUILDFORD
THE LORD REDESDALE
[As amendments to amendment 48D] |
| 48E* | Line 5, after "information" insert "already" |
| 48F* | Line 10, after "property)" insert "in the ordinary course of academic teaching or research unless the person publishing the data knows or has been informed by the Secretary of State that such information would have a relevant consequence as defined in the Schedule; or" |
| 48G* | Line 15, leave out "ought to have known" and insert "has been informed by the Secretary of State" |
| | THE LORD SAINSBURY OF TURVILLE |
| | The Lord Sainsbury of Turville gives notice of his intention to oppose the Question that Clause 7 stand part of the Bill. |
| 49 | Insert the following new Clause— |
| | "Licence revocation and end-use controls |
| (1) | The Secretary of State may revoke, suspend or amend any licence issued under any of the powers conferred by this Act where any of the parties referred to in the relevant licence fail to honour their export licence obligations. |
| (2) | The Secretary of State shall revoke any licence issued under any of the powers conferred by this Act where the execution of the licence— |
| (a) | results in any of the consequences referred to in the Table in paragraph 7 of the Schedule, or |
| (b) | results in consequences which contravene any of the consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000. |
| (3) | For the purpose of subsection (1) "export licence obligations" shall include, but not be limited to, end-use undertakings stipulated in the relevant licence or end-use documentation. |
| (4) | Upon revocation of a licence, all future exports of goods, transfers of technology, provision of technical assistance or trade in controlled goods authorised by or relating to the licence shall be cancelled. |
| (5) | The Secretary of State may by order make provision for follow-up monitoring of the use made of goods exported, technology transferred, technical assistance provided or goods traded, in order to establish whether the end-use commitments entered into as a consequence of applying for an export licence (required by an order under section 1, 2, 4 or 5) are being honoured." |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 50 | Page 5, line 36, leave out "falling to be taken" |
| | THE LORD RAZZALL
THE LORD REDESDALE |
| 51 | Page 5, line 43, leave out subsections (3) and (4) and insert— |
| "(3) | Any published guidance relating to export licensing, which is capable of applying in relation to the exercise of functions under an order made under section 1, 2, 3 or 4, shall be treated as guidance under this section. |
| (4) | The consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000 shall be included in the guidance referred to in subsection (3). |
| (5) | Changes to any guidance issued under subsection (4) shall not be made without prior consultation with relevant non-governmental and industrial organisations, and a draft laid before and approved by a resolution of each House of Parliament. |
| (6) | Changes to any guidance issued under subsection (1) or (2), or under subsection (3) which does not contain any guidance made by virtue of subsection (4), shall be laid before Parliament and published within 40 days." |
| | THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK |
| 52 | Page 5, line 44, leave out from "published" to end of line 45 |
| 53 | Page 6, line 4, leave out "or 2" and insert ", 2, 3 or 4" |
| 54 | Page 6, line 6, at end insert— |
| "(5) | Any change to the guidance referred to in subsection (4) which alters the criteria relating to export licensing decisions shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. |
| (6) | Any change to the guidance referred to in subsection (4) which does not alter the criteria relating to export licensing decisions shall be laid before Parliament and published within 40 days of issuance." |
| | THE LORD SAINSBURY OF TURVILLE |
| | The Lord Sainsbury of Turville gives notice of his intention to oppose the Question that Clause 8 stand part of the Bill. |
| | THE LORD CAMPBELL-SAVOURS |
| 56 | Insert the following new Clause— |
| | "Defence Exports Scrutiny Committee |
| (1) | There shall be a Committee, to be known as the Defence Exports Scrutiny Committee (in this section referred to as "the Committee") to examine United Kingdom defence export licence applications and the licensing process. |
| (2) | The Committee shall consist of nine members— |
| (a) | drawn both from the members of the House of Commons and from the members of the House of Lords; and |
| (b) | none of whom shall be Ministers of the Crown. |
| (3) | The members of the Committee shall be appointed by the Prime Minister after consultation with the Leader of the Opposition, within the meaning of the Ministerial and other Salaries Act 1975 (c.27); and one of those members shall be so appointed as the Chairman of the Committee. |
| (4) | Schedule 2 to this Act shall have effect with respect to the tenure of office of members of, the procedure of and other matters relating to, the Committee; and in the Schedule "the Committee" has the same meaning as in this section. |
| (5) | The Commitee shall make an annual report on the discharge of their functions to the Prime Minister and may at any time report to him on any matter relating to the discharge of those functions. |
| (6) | The Prime Minister shall lay before each House of Parliament a copy of each annual report made by the Committee under subsection (5) above together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (7) below. |
| (7) | If it appears to the Prime Minister, after consultation with the Committee, that the publication of any matter in a report would be prejudicial to— |
| (a) | national security, or |
| (b) | operations of a government department, |
| | the Prime Minister may exclude that matter from the copy of the report as laid before each House of Parliament." |
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