HC Deb 10 July 2000 vol 353 cc659-60

Lords amendment: No. 18, to leave out clause 117 and insert the following new clause—Consent to prosecution— (" .—(1) This section applies to an offence under any provision of this Act other than an offence under—

  1. (a) section 36,
  2. (b) section 51,
  3. (c) paragraph 18 of Schedule 7,
  4. (d) paragraph 12 of Schedule 12, or
  5. (e) Schedule 13.
(2) Proceedings for an offence to which this section applies—
  1. (a) shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions, and
  2. (b) shall not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
 (3) Where it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies is committed for a purpose connected with the affairs of a country other than the United Kingdom—
  1. (a) subsection (2) shall not apply, and
  2. (b) proceedings for the offence shall not be instituted without the consent of the Attorney General or the Attorney General for Northern Ireland.")

Mr. Charles Clarke

I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker

With this it will be convenient to take Lords amendment No. 34.

Mr. Clarke

We have always recognised the particular sensitivities that apply in dealing with some types of international terrorism. That is why we have decided that it is desirable for decisions in such matters to be made by the Attorney-General, rather than by the Director of Public Prosecutions. I believe that we have taken account of many of the concerns raised in Committee and in the other place.

Mr. Lidington

Although, as I said earlier, we support the extension of counter-terrorist law to cover international terrorism, we also acknowledge that in the debates on the Bill, serious concerns have been expressed in all parts of the House about how powers in relation to activities directed at foreign Governments should be exercised. The amendments are a sensible and constructive response to those concerns.

Mr. Simon Hughes

It would be ungenerous of me not to say, on behalf of my colleagues in the other place, that I am grateful to the Government for taking on board the representations made and amendments moved, particularly those by my noble Friend Lord Goodhart, on the matter.

As the Minister said, in an international case, which for obvious reasons raises wholly different issues, the best method of triggering the prosecution, in our view, was by a decision of the Attorney-General, who could answer directly for those matters in the House, instead of the indirect authority of the Director of Public Prosecutions and his opposite numbers in Northern Ireland and Scotland. That seems to provide the most satisfactory accountability for the wider and potentially more controversial extension of the legislation. We welcome the amendment and the Lords' acceptance of our proposition.

Lords amendment agreed to.

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