Clause 48
Policing and Crime Bill
12:30 pm
Evan Harris (Oxford West and Abingdon, Liberal Democrat)
The amendment has been correctly put by the hon. Member for Hornchurch. I wondered why this subsection was included and looked at the explanatory notes, which are difficult to follow unless you are an expert on the 2003 Act and extradition in general. They specify on page 38 that the UK
“be required to ensure that all current alerts relating to people wanted for arrest for extradition purposes which have been entered on to either SIS or SIS II by other member states have been validated. These provisions accordingly allow for the consideration and certification of article 26 alerts and extradition alerts transmitted under SIS (article 95 alerts).”
Presumably, this subsection relates to those but it would be helpful if the Minister could explain from where the requirement stems.
I have one other question about this clause, which it seems appropriate to raise now, in relation to the date included in new subsection (6)(a). There is an amendment that could be raised at this point, but I have two. The Bar Council says that the reference to 12 December 2006 in new subsection (6)(a) should read 20 December 2006, which it describes as the date on which the Committee of Permanent Representatives confirmed its agreement on the draft Council decision. Justice, while giving no explanation, argues that instead of
“Council Decision on the establishment, operation and use of the second generation Schengen Information System of 12 December 2006”,
it should say,
“Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System”.
I do not feel strongly about it except in the interests of accuracy. We have two lawyers and two different opinions and presumably the Government lawyer has a third opinion. It would be helpful if the Minister put on record why he believes that the date provided is appropriate.