Police and Justice Bill

My Lords, I thought I had dealt with that in my speech by quoting from Article 7.1 of the European Convention on Extradition. It is quite clear that the amendment we have tabled is based on that. It is also a provision within the Irish treaty with the United States. The Irish have entered into a treaty with the United States and many aspects of that treaty are similar to our own; but what the Irish have done is to provide the forum defence whereby if a judge, not a prosecutor, thinks it is in the interests of justice for the trial to take place in Ireland rather than the United States, the judge is entitled to take that decision. In my respectful submission, that is the right approach. I thank all noble Lords who have participated in this debate. I continue to believe that the position we have taken by tabling this amendment is the right one and I wish to test the opinion of the House. On Question, Whether the said amendment (No. D1) shall be agreed to? Their Lordships divided: Contents, 189; Not-Contents, 152. 71: Schedule 2, page 83, line 1, leave out paragraphs 26 to 28 The Commons disagree to this Amendment and propose the following Amendments to the words so restored to the Bill- 71A: Page 83, leave out line 8 71B: Page 83, line 9, leave out from ““force”” to end of line 10 71C: Page 83, leave out line 16 71D: Page 83, line 17, leave out from ““force”” to end of line 18 71E: Page 84, line 7, at end insert- ““( ) The Secretary of State shall not give a direction under this section unless Her Majesty’s Chief Inspector of Constabulary has been given- (a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and (b) an opportunity of making written observations about those grounds. The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.”” 71F: Page 84, leave out lines 8 to 14 71G: Page 84, line 15, leave out ““chief officer of police or”” 71H: Page 84, leave out lines 17 to 23 71I: Page 85, line 16, at end insert- ““( ) The Secretary of State shall not give a direction under this section unless Her Majesty’s Chief Inspector of Constabulary has been given- (a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and (b) an opportunity of making written observations about those grounds. The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.”” 71J: Page 85, leave out lines 32 to 35 and insert- ““(a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and”” 71K: Page 85, line 45, leave out from beginning to end of line 2 on page 46