Clause 93 - Commencement
Crime (International Co-operation) Bill [Lords]
3:30 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)
I shall deal first with Government amendment No. 88, which refers to part 1 of the Bill, which deals with mutual assistance in criminal matters, and legislates for England, Wales, Northern Ireland and Scotland. The amendment reflects the fact that the
responsibility for the implementation of part 1 is now devolved to Scottish Ministers where the provisions apply to Scotland.
The amendment ensures that UK and Scottish Ministers must consult and agree the same date for the commencement of the provisions of part 1. This is necessary as the provisions implement EU agreements which the UK has signed up to to participate in. All parts of the UK therefore must be ready to operate these agreements on the same date, otherwise we will be unable to fulfil our EU obligations. Different commencement arrangements would also create confusion.
The Scottish Executive have been consulted throughout the drafting and the passage of the Bill, and have been fully involved in shaping how the provisions will be implemented in Scotland. Officials north and south of the border have developed good relationships and will continue to consult to ensure that the provisions operate smoothly across the UK.
The amendments are in line with the devolution settlement. Schedule 5 of the Scotland Act 1998 states that while international relations is a reserved matter,
''observing and implementing . . . obligations under Community law''
is specifically excluded from the reservation. As criminal law remains a devolved matter, it is right therefore that Scottish Ministers should hold the responsibility for those provisions.
I shall delay my response to amendment No. 86 until the hon. Member for Surrey Heath has presented his argument.