International Criminal Court Bill [H.L.]
4:45 pm
Baroness Scotland of Asthal (Parliamentary Under-Secretary, Foreign & Commonwealth Office; Labour)
This is a technical amendment. As a consequence of the changes made to Clause 5 on Report, I regret that a minor drafting error has occurred in Clause 12(4)(b). The intention is that, like the competent court, a higher court which hears an application for habeas corpus will be able to issue a declaration if it determines that the person's rights have not been respected. That declaration shall be transmitted to the ICC.
As it presently reads, subsections (4) to (8) of Clause 5 would apply to a court hearing an application for habeas corpus but not subsection (9), which provides for a declaration by the court to be passed to the ICC. The amendment would remedy that error. I beg to move.