Crime (Overseas Production Orders) Bill [HL]

Debate between Baroness Hamwee and Countess of Mar

Committee: 1st sitting (Hansard): House of Lords
Wednesday 5th September 2018 Grand Committee

[Baroness Hamwee]

My Lords, I have been consulting my noble friend as to whether I should be moving an adjournment so that we can all get a cup of tea or possibly soup, but he thinks that that is a matter for the Government Whip. So I will instead move Amendment 14—I do not think it will be exciting enough to warm us up.

Clause 4(1) applies requirements for seeking an overseas production order set out in subsections (2) to (6), and such additional requirements as the Secretary of State adds through regulations. I acknowledge that the regulations will be subject to the affirmative procedure but, as I said earlier this afternoon, we all know the problems of scrutinising secondary legislation and the almost insurmountable problem of amending or stopping it. We also know about the importance of protecting against an overweening or out-of-control Executive.

My amendment refers to the characteristics of the additional requirements as being consistent with the provisions of what will be Section 4, because the very fact that no limiting factor is expressed raises the issue. I accept, before the Minister says it, that these are additional requirements, so, in any event, they should comply with subsections (2) to (6).

Amendment 15 would leave out “(so far as applicable)”, because I for one do not understand what,

“additional requirements … specified in regulations … (so far as applicable)”,

means. The words must mean something. If the additional requirements are not applicable, they will not apply, so what are we worried about? I beg to move.

[The Deputy Chairman of Committees (The Countess of Mar) (CB)]

I tend to sympathise with the noble Baroness. I was warned to bring my coat in before I came.