Clause 7 - Consent to surrender
International Criminal Court Bill [Lords]
4:30 pm
Professor Ross Cranston (Solicitor General, Law Officers' Department; Dudley North, Labour)
As the hon. Lady rightly says, there is a provision whereby, in circumstances in which it is inappropriate for a person to act for himself or herself, someone acting on his or her behalf can give consent, that is, in the event of incapacity. Our domestic courts will not take such a matter lightly. They will want to be satisfied as to the incapacity and to test both it and the appropriateness of somebody else acting on the person's behalf. It is right that the Opposition raise such cases, although we think that they are extremely unlikely to occur, if at all.