HL Deb 02 March 1978 vol 389 cc619-21

3.44 p.m.

Report received.

Clause 4 [Jurisdiction in respect of offences committed outside United Kingdom]:

Lord HARRIS of GREENWICH moved Amendment No. 1:

Page 5, line 27, leave out subsection (7) and insert— ("(7) For the purposes of this section any act done—

  1. (a) on board a ship registered in a convention country, being an act which, if the ship had been registered in the United Kingdom, would have constituted an offence within the jurisdiction of the Admiralty; or
  2. (b) on board an aircraft registered in a convention country while the aircraft is in flight elsewhere than in or over that country; or
  3. (c) on board a hovercraft registered in a convention country while the hovercraft is in journey elsewhere than in or over that country,
shall be treated as done in that convention country; and section 7(2) of the Tokyo Convention Act 1967 (meaning of "in flight" or, as applied to hovercraft, "in journey") shall apply for the purposes of this subsection as it applies for the purposes of section 1 of that Act.").

The noble Lord said: My Lords, this Amendment arises as a result of what I am bound to say was a most perceptive question about the meaning of the words "on board", which the noble Lord, Lord Boyd-Carpenter, asked about during the Committee stage of the Bill. Our inquiries into that led us to the conclusion that subsection (7) as drafted gave the United Kingdom jurisdiction over the craft of a Convention country to a greater extent than the United Kingdom possesses jurisdiction over its own craft. This Amendment is intended to rectify that anomaly. I beg to move.

Baroness ELLES

My Lords, my noble friend Lord Boyd-Carpenter has asked me to express his gratitude to the noble Lord the Minister, and to apologise to the Minister and the House for the fact that he is unable to be present today owing to a pressing business engagement. However, he is grateful for the attention given to this point by the Minister and for the Amendment. I do not think that he has had time to see the wording of the Amendment; but assuming that the wording is what he wanted, we would accept it willingly. I thank the noble Lord.

On Question, Amendment agreed to.

Clause 5 [Power to apply provisions of Act to non-convention countries]:

Lord HARRIS of GREENWICH moved Amendments Nos. 2, 3 and 4:

Page 5, line 37, at end insert— ("or (c) a United Kingdom dependency within the meaning of the Fugitive Offenders Act 1967,")

Page 5, line 38, after ("direct") insert— ("(i) in the case of a country within paragraph (a) or (b) above,")

Page 5, line 42, after ("country") insert— ("or (ii) in the case of a country within paragraph (c) above, that the provisions of section 4 above shall so apply in relation to that country;").

The noble Lord said: My Lords, I beg to move Amendments Nos. 2, 3 and 4 en bloc. Amendment No. 2 arises from the Amendment to subsection (1) of Clause 5 which the noble Baroness, Lady Elles, moved at the Committee stage of the Bill. Its purpose is to enable the United Kingdom to enter into arrangements with United Kingdom dependencies on lines similar to, but not identical with, those with foreign and Commonwealth countries not party to the Convention for which provision is of course, made under this subsection. These Amendments incorporate the Amendment of the noble Baroness but with two additional Amendments.

The effect of these three Amendments to the subsection is to enable the Secretary of State to apply only Clause 4 of the Bill in relation to a United Kingdom dependency as if it were a Convention country. I beg to move.

Baroness ELLES

My Lords, all I have to say once again to the Minister is: "Thank you very much".

On Question, Amendments agreed to.