Clause 2 - Part 1 warrant and certificate

Part of Extradition Bill – in a Public Bill Committee at 10:00 am on 9th January 2003.

Alert me about debates like this

Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath 10:00 am, 9th January 2003

I can be brief. As the Minister said, when we tabled amendment No. 91, to which the hon. Members for Orkney and Shetland (Mr. Carmichael) and for Torridge and West Devon (Mr. Burnett) added their names, we did so because, as the Bill stood on Second Reading, none of the required detail was

evident. The Government have responded to our and others' criticisms on Second Reading, endorsed by organisations such as the Law Society of England and Wales, that the detail needed to be included in the Bill. We are pleased that the Government have responded, and the Minister is right to point out that the Government amendments go further in some respects than amendment No. 91, which I will not press to the vote.

Can the Minister confirm that in cases of personal violence, the ''circumstances''—the term used in the Government amendments—would include the injuries suggested by the victim? In allegations of theft, would the date and place of the offence and the value of the property also be set out? If so, it would satisfy the Law Society of England and Wales, because it was those omissions from the original drafting that led to the precise wording of amendment No. 91. The wording in the Government amendments is wider, but less specific. If the Minister will tell us that his more general phraseology of the particulars of the circumstances and alleged conduct would definitely include all the points in our amendment No. 91, under the rule of Pepper v. Hart, a court will be able to examine the Minister's wording when it deals with such a case, which would satisfy everyone. If he does so, we will be prepared to withdraw the amendment and let the Government's wording stand in its place.