Clause 29 - Hearing witnesses abroad through
Crime (International Co-operation) Bill [Lords]
3:00 pm
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
The clause allows us to expand, by negative resolution, the types of proceedings in which the UK may request the sort of evidence mentioned in the clause from overseas. The amendment would require such orders to be made by affirmative resolution. We do not believe that that is necessary. The courts can already request such assistance from overseas in certain proceedings by virtue of section 32 of the Criminal Justice Act 1988. The types of proceedings covered include homicide, serious fraud cases and cases involving the evidence of children.
The clause provides for those sections to apply to further types of proceedings. There are no immediate plans to make the power more widely available. We did not consider that the Bill was the appropriate vehicle to make such amendments, although we consider that clause 29 provides a practical solution, as it ensures that section 32 of the Criminal Justice Act 1988 may be extended in future.
The general application of the clause is not restricted to participating countries. That reflects the existing position under the Criminal Justice Act. We consider that those arrangements have a particular benefit in respect of countries outside Europe, which pose greater obstacles in respect of travel for witnesses. That sort of assistance is a useful tool in trials to deal with offences that take place in more than one state, which are often those in which organised and criminal groups are involved. The Delegated Powers and Regulatory Reform Committee report on the Bill considered that and made no comment on the power. Therefore, we understand that the Committee was
satisfied with the level of scrutiny given and that the negative procedure was appropriate.