§ Mr. BercowTo ask the Secretary of State for the Home Department if he will make a statement on his policy on Article 18 of the Draft Convention on Mutual Assistance in Criminal Matters, between the member states of the European Union, with special reference to the legal status of UK amendments and declarations. [106395]
§ Mr. Charles ClarkeOn 2 December 1999 the Justice and Home Affairs Council agreed a legally-binding Declaration on the scope of Article 18 of the draft Convention on Mutual Assistance in Criminal Matters between the member states of the European Union. This makes clear that, in the United Kingdom, Article 18 will apply to interception warrants issued by the Secretary of State to the Police Service and Her Majesty's Customs and Excise for the purpose of the detection of serious crime. The Declaration also applies Article 18 to interception warrants issued to the Security Service for this purpose (in accordance with its remit under the Security Service Act 1996).
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§ Mr. BercowTo ask the Secretary of State for the Home Department what number of intercepts his Department estimates will be requested annually, by member states, under the Convention on Mutual Assistance in Criminal Matters; and if he will break down that estimate by category of criminal activity. [106397]
§ Mr. Charles ClarkeIt is not possible to provide a meaningful estimate of the number or category of requests since this will be determined by the requirements of other member states once the draft Convention is agreed and ratified. However, any request for mutual legal assistance to intercept the communications of a person in the United Kingdom will need to meet the criteria for issuing a warrant for the purpose of the prevention or detection of serious crime under the United Kingdom's legislation on interception of communications.
Serious crime is defined in the Interception of Communications Act 1985 as conduct which, if it took place in the United Kingdom, would constitute one or more offences if, and only if:
it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose; orthe offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more.
§ Mr. BercowTo ask the Secretary of State for the Home Department if he will deposit the Commission paper on Article 17 of the Draft Convention on Mutual Assistance in Criminal Matters, which was examined by the Article 36 Committee on 9 and 10 November 1999, in the Library; and if he will make a statement on the(a) role and (b) composition of the Committee. [106396]
§ Mr. Charles ClarkeI am depositing the paper produced by representatives of the European Commission in the Library.
The Article 36 Committee was established under Article 36 of the Treaty on European Union (TEU) as a co-ordinating body. The committee's terms of reference are limited to police (including customs) and judicial co-operation in criminal matters. It gives opinions for the attention of the Justice and Home Affairs Council and (with COREPER) contributes to preparation of Council discussions. The committee is composed of senior officials of the member states and the European Commission.