Clause 52 - Jurisdiction for terrorist offfences
Crime (International Co-operation) Bill [Lords]
3:45 pm
Ms Caroline Flint (Parliamentary Under-Secretary (reducing organised and international crime, anti drugs co-ordination and international and European issues), Home Office; Don Valley, Labour)
The discussion has been useful. As the hon. Member for South-East Cambridgeshire pointed out, these are probing amendments, and I hope that my explanations on the points that have been raised will clarify matters and reassure him.
We have taken full account of the requirements of article 4 of the framework decision on combating terrorism, which these clauses implement. The hon. Gentleman referred to paragraph 119 of the explanatory notes, which states:
''Where an extra-territorial offence is created, extra-territorial jurisdiction is also automatically taken over secondary and inchoate offences''.
Article 4 of the framework decision on combating terrorism requires member states to ensure that inciting, aiding, abetting or attempting to commit an offence referred to in articles 1, 2 or 3 of the framework decision is made punishable. Article 9 requires member states to take extra-territorial jurisdiction over the offences listed in article 4 in certain circumstances.
I hope that the next point addresses some of the hon. Gentleman's particular concerns. Under UK law, jurisdiction for
''secondary and inchoate offences, such as aiding, abetting, attempting, inciting, conspiring, counselling or procuring''
is dependent on whether we have taken jurisdiction for the substantive offence in the UK. As we are taking extra-territorial jurisdiction over the substantive offences listed in articles 1, 2 and 3 of the framework decision in certain circumstances, we do not need to legislate specifically in order to take extra-territorial jurisdiction over aiding, abetting, attempting, inciting, conspiring, counselling or procuring to commit the offences listed in new sections 63B and 63C of the Terrorism Act 2000, in the particular circumstances described in them. Rather,
''Where an extra-territorial offence is created, extra territorial jurisdiction is also automatically taken over secondary and inchoate offences''.
My understanding is that no further legislative provision is necessary to achieve that. I can provide the hon. Gentleman with other examples of legislation when extra-territorial offences are created, but no provision is made for secondary and inchoate offences, such as the Taking of Hostages Act 1982, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997, the Anti-terrorism, Crime and Security Act 2001 and the Chemical Weapons Act 1996.