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"( ) after sub-paragraph (l) insert—
"(m) Section 72 of the Sexual Offences Act 2003."" Page 95, line 16, leave out "to 69 and 72"

"Criminal Justice (Scotland) Act 2003 (asp 7)

In section 21(9) of the Criminal Justice (Scotland) Act 2003 (power of adjournment where person convicted of sexual offence or offence disclosing significant sexual aspects to behaviour in committing it), for the words from "—(a) "three weeks"" to "each case" substitute ""four weeks" there were"." Page 95, line 26, at end insert—

"Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))

In the Criminal Justice (Northern Ireland) Order 2003, omit—
(a) in Article 19(4), sub-paragraph (a) and the word "or" immediately after it, and
(b) in Schedule 1, paragraphs 1, 2, 20 and 21."

On Question, amendments agreed to.

9 Jun 2003 : Column 115

Schedule 6 [Repeals and revocations]:

Lord Falconer of Thoroton moved Amendment Nos. 218 to 234:

    Page 95, line 30, column 2, after "4" insert "except so far as extending to Northern Ireland"

    Page 95, line 31, column 2, at end insert—

    "In section 4 as it extends to Northern Ireland, the words from "wilfully, openly, lewdly" to "any female; or"."
    Page 95, column 2, leave out lines 34 to 36 and insert "Sections 61 and 62." Page 96, column 2, leave out line 4 and insert "The whole Act." Page 96, line 5, column 2, leave out "7(4) and (5)" and insert "7" Page 96, line 38, at end insert—
    "Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))In Article 29(1), the words from "or with an offence under section 1(1)(b) of the Vagrancy Act 1898" to "homosexual act".
    In Schedule 2, paragraphs 5(c), 10(c) and 22."
    Page 96, line 41, column 2, leave out "Article 7(2)" and insert—
    "In Article 2(2), in the definition of "homosexual act", the words from ", an act of gross indecency" to the end.
    Article 3.
    Article 7."
    Page 96, line 43, column 2, at end insert "and (b)" Page 96, line 43, column 2, at end insert—
    "In Article 11(1), the words ", or gross indecency with,".
    Article 12(1).
    Article 13."

9 Jun 2003 : Column 116

    Page 96, line 44, column 2, leave out "and 4" and insert ", 4 and 7" Page 96, line 47, at end insert—
    "Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))In Schedule 5, in Part II, the entry relating to the Homosexual Offences (Northern Ireland) Order 1982."
    Page 97, column 2, leave out line 15 and insert—
    "Section 20.
    In Section 21, subsection (2); in subsection (4), the words "or (2)"; in subsection (5), the words "or 20"; in subsection (6), the words "and sex offender orders" and "or 20(4)(a)"; in subsection (7)(b)(i), the words "or, as the case may be, chief constable"; subsections (7A) and (7B); and in subsection (10), the words "or 20".
    Section 21A.
    Section 22(6) and (7)."
    Page 97, line 17, column 2, leave out "1(e)" and insert "1(c), (e) and (j)" Page 97, line 29, leave out "and (2)" and insert ", (2) and (4)" Page 97, line 30, after "(3)" insert "and (5)" Page 97, line 36, column 2, leave out from "67" to end of line 37 and insert "to 74" Page 97, line 39, at end insert—
    "Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))In Article 19(4), sub-paragraph (a) and the word "or" immediately after it.
    In Schedule 1, paragraphs 1, 2, 20 and 21."

On Question, amendments agreed to.

        House adjourned at twenty-two minutes before nine o'clock.

9 Jun 2003 : Column GC1

Official Report of the Grand Committee on the

Extradition Bill

(Second Day) Monday, 9th June 2003.

The Committee met at half past three of the clock.

[The Deputy Chairman of Committees (Baroness Fookes) in the Chair.]

Baroness Anelay of St Johns moved Amendment No. 11:

    After Clause 1, insert the following new clause—

(1) This section applies when the designated authority receives a Part 1 warrant which specifies that the person in respect of whom the warrant is issued is accused of, or has been convicted of, an offence in a category 1 territory that does not constitute an offence under the law of any part of the United Kingdom.
(2) When this section applies, the Secretary of State may issue an order giving authority to proceed with the warrant under this Part of this Act.
(3) When this section applies, a person shall not be dealt with under this Part of this Act except in pursuance of an order of the Secretary of State made under subsection (2).
(4) The Secretary of State shall make an annual report to both Houses of Parliament on the cases in which he has exercised the discretion conferred on him by subsection (2) to make an order giving authority to proceed.
(5) The following provisions of this Part are subject to the provisions of this section."

The noble Baroness said: In moving this amendment, I shall speak also to Amendment No. 258, which is consequential and provides the order-making powers for Amendment No. 11.

Noble Lords will be aware that today is a very important day for this country. On the Floor of the House, a Statement will be made on economic and monetary union. I appreciate that the normal understanding is that Grand Committees do not adjourn unless Front Bench spokesmen are involved in taking the Statement on the Floor of the House. However, I note that in another recent case involving the Department for Culture, Media and Sport, the Front Bench spokesman remained in Committee while another spokesman took the Statement. It is true that there can be ways around the problem. However, this is an exceptional circumstance. The Statement that the Chancellor of the Exchequer is anticipated to make today will be of great significance to all Members of this House. On the basis that this is an exceptional occasion, I invite the Government, with some temerity but I hope with some force, to say whether they have made arrangements for the Grand Committee to be

9 Jun 2003 : Column GC2

suspended while the Statement is being delivered on the Floor of this House. Will the Minister respond to that before I go into the meat of my amendment?

The Parliamentary Under-Secretary of State, Home Office (Lord Filkin): I thank the noble Baroness, Lady Anelay, for making her position clear at this point rather than closer to when the event may occur. No, we have not made arrangements for that because the convention of the House, as I understand it, is that unless Front Bench spokespersons are directly involved in the Statement being made in the Chamber, business in Grand Committee proceeds. One can see that there are good reasons why that is the convention of the House. My preference, as noble Lords will imagine, is that we continue making good progress on the important scrutiny work we are doing on the Bill. Having said that, clearly I am aware that many Members are deeply interested in both issues—this Bill and the Statement on the euro. Therefore, if the noble Baroness, Lady Anelay, wishes to press the matter—if that is her firm wish—I shall concede and withdraw.

Baroness Anelay of St Johns: That is a very generous response from the Minister. He recognised the fact that noble Lords who are taking part on this Bill are keen to press ahead with their work on it. I am sure that they will take those comments to heart and make their best efforts in that regard. Members of the Committee are very concerned about matters on the Floor of the House. When the Statement is made, I make it clear that we should press the matter.

Lord Clinton-Davis: I unreservedly support what the noble Baroness, Lady Anelay, said. I make it clear that my noble friend's statement was very welcome. This is a very unusual, specific and important issue. The whole Committee is enormously obliged to the noble Baroness and my noble friend for ensuring that we can go to the Chamber. Whether we make a statement or not, it is very important that we hear what the Government have to say.

Baroness Anelay of St Johns: I am most grateful to the noble Lord and the Minister for his response. It is my wish that we should adjourn at the appropriate time. Perhaps it would be appropriate for the Government Whip to notify the Minister at that point. In that spirit, I shall deal extremely quickly with Amendment No. 11.

The amendment would insert a new clause into the Bill. It seeks to address the issue of extradition under Part 1 for offences under the law of other EU member states that are not offences under UK law. It would retain the requirement for authority to proceed to be given by the Home Secretary before such cases could be dealt with under Part 1.

Members of the Committee will recall that at Second Reading the noble Lord, Lord Filkin, said that,

    "if a person goes to another EU country and breaks its law while there, he should expect to face justice. The fact that the UK happens not to have an exact equivalent offence should not excuse him . . . So the Bill removes the dual criminality requirement for offences which fall within the 32 generic offence categories ... So

9 Jun 2003 : Column GC3

    while it is true, as has been commented on repeatedly, that the UK has no specific offence of . . . xenophobia, we have plenty of offences which fall within that category".—[Official Report, 1/5/03; cols. 855-56.].

I press the Minister a little further in relation to the point he made at Second Reading. He was absolutely right to say that our law criminalises certain types of conduct which would be classified as xenophobia under the framework decision. However, can he say for certain that all offences under the law of all other member states that come within the definition of xenophobia are equivalent to offences here in the UK? If he cannot, can he tell the Committee what steps the Government have taken to ascertain the circumstances in which a person might be extradited under Part 1 from the UK to another member state for an offence that should not be an offence under UK law?

There was much comment at Second Reading—both here and in another place—on the possibility of someone writing a Sun editorial and being caught by the rules. I will not rehearse that again, in the spirit of trying to move the amendment briefly. I shall simply press ahead and ask: what if someone produced an article in a newspaper or on an Internet site and went from this country to another country, or—to put the matter both ways—published the article on an Internet site abroad and came here? How would they be affected by the Part 1 rules?

Briefly, the point of my amendment is that if we are to have Part 1, as the Government intend, is it right that the new procedures under Part 1 should apply even where the extradition offence is not an offence under our law? Or should there be some form of safeguard—this is all about safeguards—such as the requirement for authority to proceed to be vested in the Secretary of State? The amendment provides that authority to proceed. It also provides the "Bassam special"—the annual report—to show how the Secretary of State may or may not have exercised properly that power.

In essence, in the amendment we attempt to provide a safeguard and ask the Minister to say why he believes that such a safeguard is not necessary in the Government's view and, if that is the case, how we should prevent the problems with dual criminality having unexpected consequences. I beg to move.

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