Clause 44 — Extraterritorial application of biological weapons offences
Orders of the Day — Anti-terrorism, Crime and Security Bill — [2nd Allotted Day]
Mr Humfrey Malins (Woking, Conservative)
Thank you, Sir Alan.
I have noted the effects of clauses 43 and 44—particularly those of clause 44, which extends United Kingdom jurisdiction over certain offences to acts committed overseas by a UK person. Opposition Members understand the need for the clauses, but we have a brief query.
We note the extent to which clauses 43 and 44 cover activities of any person within the UK, and of UK persons outside the UK. Can the Minister confirm that clause 44 covers either or both of the following persons? The first is a UK-based foreign national—possibly an EU citizen—with rights to work and live here who, while abroad, commits an act that, if committed by a UK person, would be an offence. The second is someone who, although not a British subject, has exceptional leave to remain in this country, and who commits such an act while on a foreign trip.
We know the position of a UK person outside the UK, and his or her liability. Other people, however, could have rights of abode of one kind or another in this country, and might while abroad commit an offence and then seek to return here. I merely seek clarification of whether such persons will be covered. I shall be grateful if the Minister can clarify that now, but I shall entirely understand if he cannot.