Clause 25 - Documents having effect as warrants, &c. Question proposed, That the clause stand part of the Bill.
International Criminal Court Bill [Lords]
12:00 pm

Mrs Cheryl Gillan (Chesham and Amersham, Conservative)

I have a brief and simple question. The clause deals with documents that have effect as warrants. The explanatory note states that

``This clause provides that a copy or a faxed version of a warrant or other document shall be treated as if it were the original and shall be admissible in evidence.''

With regard to that statement, will the Solicitor-General clarify the standing of electronic transmissions and e-mail? Although we are legislating for the long-term future, it appears that we are dealing only with instruments of communication of the past.

Professor Ross Cranston (Solicitor General, Law Officers' Department; Dudley North, Labour)

The legislation appears to deal only with faxes, so it might not be completely up to date. I think that the matter has been debated. The issue of e-mails might be more thoroughly addressed in the future, but they would be covered by the legislation if they were confirmed by fax. However, I concede that we are not up to date. That is generally the case with regard to court procedures: e-mails are not recognised as serving documents. We will have to make progress on such matters.

Mrs Cheryl Gillan (Chesham and Amersham, Conservative)

I am glad that the Minister has acceded to a point. It is a simple matter but important, especially bearing in mind the accelerating pace of advances in communications. I am unsure whether the matter can be resolved, but it is not contentious. If it could be dealt with by, for example, a small technical amendment, my party would be pleased to accept that. However, it is crazy that a Bill that is intended to address the long-term future does not deal with a form of communication that is readily available and increasingly used by Governments here and abroad. After all, e-mail is a cost-effective way of communicating.

Mr Edward Garnier (Harborough, Conservative)

Would my hon. Friend accept that the easiest way to deal with the matter might be for rules to be provided for via secondary legislation? That would allow for the proper making of procedures, so that the delivery of instruments and so forth could be properly set out under subsidiary rule-making powers. Perhaps my hon. Friend or the Government are attracted to that proposal.

Mrs Cheryl Gillan (Chesham and Amersham, Conservative)

I am willing to explore with the Government any possibility that would allow for modern communications to facilitate swifter contact between organisations. If my hon. and learned Friend's suggestion found merit in the Government's eyes, I would give it my support, although Ministers will want to consider his proposal further before agreeing to it.

Question put and agreed to.

Clause 25 ordered to stand part of the Bill.

Clause 26 ordered to stand part of the Bill.