§ 11E (1) Where this paragraph applies the Secretary of State must—
- (a) by a notice nominate a court in England and Wales to give effect to the overseas freezing order,
- (b) send a copy of the overseas freezing order to the nominated court and to the Director of Public Prosecutions,
- (c) tell the Director which court has been nominated.
§ (2) The nominated court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
§ (3) Before giving effect to the overseas freezing order, the nominated court must give the Director an opportunity to be heard.
§ (4) The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
30GC§ 11F The nominated court may postpone giving effect to an overseas freezing order in respect of any property—
- (a) in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or
- (b) if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be removed from the United Kingdom.
§ 11G (1) Where the High Court decides to give effect to an overseas freezing order, it must—
- (a) register the order in that court,
- (b) provide for notice of the registration to be given to any person affected by it.
§ (2) For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.
§ (3) Paragraph 7 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 5.
§ (4) The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions or any other person affected by it, if—
- (a) the court is of the opinion mentioned in paragraph 11E(4), or
- (b) the court is of the opinion that the order has ceased to have effect in the participating country.
§ (5) Her Majesty may by Order in Council make further provision for the enforcement in England and Wales of registered overseas freezing orders.
§ (6) An Order in Council under this paragraph—
- (a) may make different provision for different cases,
- (b) is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament."
§ 4 In paragraph 14 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second "order" there is inserted "(other than an overseas freezing order within the meaning of paragraph 11D)".
§ 5 In paragraph 45 of that Schedule (Insolvency: general provisions), in paragraph (c) of the definition of "restraint order"—
- (a) "external restraint" is omitted.
- (b) after "of there is inserted "paragraph 11G or of"."
§ On Question, amendment agreed to.
§ 5.15 p.m.
§ Schedule 4 [Minor and consequential amendments]:
§
Lord Bassam of Brighton moved Amendment No. 157:
Page 67, line 5, leave out "territorial authority" and insert "Secretary of State
§ The noble Lord said: Amendments Nos. 157 to 161 are technical amendments to paragraph 12 of Schedule 4 and relate to Clause 15(2), which provides that the Secretary of State may refer a request for assistance which relates to fraud to the Director of the Serious Fraud Office. The SFO will have incoming requests for assistance channelled through the Secretary of State. However, as drafted, paragraph 12 of Schedule 4 refers to the "territorial authority", which is inconsistent with the drafting of Clause 15(2). The amendments are designed to put that right.
31GC§ As to Amendments Nos. 161A to 161E, after consultation with the Ministry of Defence it was concluded that Schedule 4 should be amended to include the deletion of Section 11 of the Criminal Justice (International Co-operation) Act 1990. That section has the effect of applying to proceedings before service courts the provisions in the Act relating to the service of UK summonses overseas and the transfer of prisoners.
§ The reasons for this are the same as those that led to the original Clause 50 of the Bill being withdrawn. Section 11 of the 1990 Act is superfluous given that other current and long-standing arrangements relating to the summons of witnesses operate satisfactorily in this regard for trials by courts martial held in both NATO and non-NATO countries. The ability to relocate a trial by court-martial to a particular state means that there is no necessity for a provision to transfer overseas prisoners to the United Kingdom.
§ It has also been concluded that the Bill should amend Section 5 of the Criminal Justice (International Co-operation) Act 1990 to allow service personnel sentenced to imprisonment by courts martial—and who will have therefore been dismissed from the Armed Forces—to be transferred overseas temporarily to assist in investigations in other countries. If it is not amended, the current provisions of the service discipline Acts could prevent such transfers.
§ In addition, an amendment has been introduced to allow the Ministry of Defence to make provisions under the appropriate service legislation equivalent to Section 5 of the 1990 Act for the temporary transfer overseas of service personnel sentenced to detention—who remain in the Armed Forces while they serve their sentence of detention to assist with investigations in other countries.
§ The amendments seek to amend the various service discipline Acts in turn to permit the temporary transfer overseas of service personnel sentenced to imprisonment—who will have been dismissed from the Armed Forces as a result—to assist with investigations; and to permit Section 31 of the Armed Forces Act to be used to make provisions equivalent to Section 5 of the 1990 Act for the temporary transfer overseas of personnel sentenced to detention—who will remain in the Armed Forces while they serve their sentence of detention to assist with investigations.
§ I hope that that provides a satisfactory explanation of what are essentially technical amendments. They have been brought forward to ensure consistency and, I hope, clarity. I beg to move.
§ Baroness Carnegy of LourI am somewhat bamboozled by what the noble Lord said. For clarity, can he assure me that these changes apply also to Scotland? Is the Secretary of State for Scotland involved in the changes?
§ Lord Bassam of BrightonI think that they have a national application, so they cover Scotland. I think that that covers the "Scotification" point.
§ Baroness Carnegy of LourBut in the rest of the Bill the Secretary of State for Scotland is not involved at all; it refers only to Scottish Ministers and the Lord Advocate. That is why I ask.
§ Lord Bassam of BrightonThe Secretary of State for Defence covers the whole of the United Kingdom.
§ On Question, amendment agreed to.
§
Lord Bassam of Brighton moved Amendments Nos. 158 to 161 D:
Page 67, line 7, leave out "the authority" and insert "him
Page 67, leave out lines 10 and 11.
Page 67, line 12, leave out paragraph (b).
Page 67, line 16, leave out "territorial authority" and insert "Secretary of State
Page 70, line 27, leave out "and 8" and insert ", 8 and 11".
Page 70, line 28, at end insert—
In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—
(3A) A warrant under this section has effect in spite of section 127(1) of the Army Act 1955, section 127(1) of the Air Force Act 1955 or section 82A(1) of the Naval Discipline Act 1957 (restriction on removing persons out of the United Kingdom who are serving military sentences)."
Page 70, line 29, leave out paragraph 36.
Page 76, line 10, at end insert—