Schedule 2 - Delivery up of persons subject to criminal proceedings, &c. Question proposed, That this schedule be the Second schedule to the Bill.
International Criminal Court Bill [Lords]
11:45 am
Mr Edward Garnier (Harborough, Conservative)
The schedule belongs with clause 24, and I shall ask the Government some brief questions. First, paragraph 2(3) on page 48 states:
``If a delivery order is made and the criminal proceedings are still pending or in progress, the Secretary of State . . . shall consult the ICC before giving directions for the execution of the order''.
In this context, what does ``consult'' mean? Does it imply that the Secretary of State may not do anything without the consent of the ICC and that he will take into account its answer in some way, or does it simply mean that the Secretary of State will inform the ICC of what he wants to do before doing it? My question applies equally to paragraphs 12(2) or 13(4), and to other examples that may exist within schedule 2 of the use of the words ``consult'' or ``consultation''.
Paragraph 2(5) states:
``This discontinuance under this paragraph of criminal proceedings in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.''
Will the Solicitor-General confirm that article 20 overrides that provision? That question relates also to paragraph 4(5).
Paragraph 5 deals with the effect on custodial sentences. How will the schedule affect the Rehabilitation of Offenders Act 1974? I appreciate that most of the sentences that ICC defendants will receive will be lengthy and may well be life sentences, so the Rehabilitation of Offenders Act 1974 may not bite. However, in the event that the ICC hands out a short sentence that comes within the current provisions of the Act, will the provisions of the Act apply to such a sentence?
Paragraph 12(2) in part 3 of the schedule states:
``The Secretary of State shall inform the court of the request and of the outcome of the consultations.''
Is the word ``inform'' used in the straightforward sense of a person simply telling somebody what is being done— to tell the court of the request and the outcome of consultations—or is there an extra meaning that should be read into the word? Such concerns are similar to those that I had about the word ``consult''. These questions may not detain the Solicitor-General for long, but I ask him to address them before we proceed.