HL Deb 11 October 2004 vol 665 cc15-7WA
Viscount Simon

asked Her Majesty's Government:

Whether they will delay the implementation of a convention on mutual recognition of financial penalties into United Kingdom law until a satisfactory outcome of the European Commission's proposals set out in the Green Paper on procedural safeguards for suspects and defendants in criminal proceedings. [HL4272]

Baroness Scotland of Asthal

No. An implementation date for the framework decision on financial penalties will be agreed when it is formally adopted. All member states are signatories to the European Convention on Human Rights which guarantees the right to fair hearing. The framework decision also provides adequate safeguards for the enforcement of foreign penalties.

Viscount Simon

asked Her Majesty's Government:

Whether all traffic parking and toll road offences committed in another European Union member state by a United Kingdom driving licence holder will be embraced by the proposed convention on mutual recognition of financial penalties. [HL4273]

Baroness Scotland of Asthal

The framework decision on financial penalties imposed by one member state allows it to be recognised and enforced in another member state. This would comprise offences where the decision to issue a fine was made by a court in respect of a criminal offence, or by an authority of the issuing state in respect of acts that are infringements of the law provided the person concerned has had an opportunity to have the case tried by a criminal court.

Viscount Simon

asked Her Majesty's Government:

Whether they support the European Commission's proposal on procedural safeguards which states that a foreign national suspected or accused of a serious crime in another European Union member state should be given at the earliest opportunity a "letter of rights" in his or her own language. [HL4276]

Baroness Scotland of Asthal

The Government are broadly supportive of the European Commission's proposal for a framework decision on procedural rights. The United Kingdom retains high standards for the protection of individual rights in all the areas of criminal proceedings covered by the framework decision. We feel that "a letter of rights" could be a useful method for ensuring that an individual is notified of their rights and would require limited changes to current procedure in the United Kingdom. We are taking the views of all relevant organisations into account, in finalising our negotiating stance.

Viscount Simon

asked Her Majesty's Government:

Whether the lack of progress on the European Commission's proposals on procedural safeguards means that implementation of conventions on mutual recognition of driving disqualifications and financial penalties could result in breaches of the European Convention on Human Rights, in respect of United Kingdom drivers accused of motoring offences in other member states of the European Union. [HL4277]

Baroness Scotland of Asthal

All member states of the European Union are already signatories to the European Convention on Human Rights, which guarantees the right to a fair hearing. As such compliance with the convention is not dependent on implementation of the European Commission proposal on procedural safeguards.

Viscount Simon

asked Her Majesty's Government:

Under what circumstances a United Kingdom driving licence holder, disqualified from driving by a court in another European Union member state, may have grounds to appeal to a United Kingdom court against the disqualification being applied in the United Kingdom, under the provisions of the Crime (International Co-operation) Act 2003. [HL4274]

Baroness Scotland of Asthal

There is a right of appeal under Section 59 of the Crime (International Co-operation) Act 2003 for any United Kingdom resident aggrieved at the decision to enforce a foreign disqualification in the United Kingdom. An appeal may be made on any of the grounds laid down in the Act for recognising a disqualification. This includes determining whether a defendant was duly notified by the state of the offence of the proceedings against him and entitled to take part in them, which provides an important safeguard where a disqualification has been imposed in absentia. The appeal will not extend to the circumstances of the original offence. Rights of appeal against conviction must already have been dealt with in the state of the offence.

Part 3 of the 2003 Act, which gives effect to the EU Convention on Driving Disqualifications, has not yet been commenced.