Serious Crime Bill [HL]

Debate between Lord Elton and Baroness Williams of Trafford

Tuesday 8th July 2014 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I hope I can clarify things to my noble friend’s satisfaction. As we know, cybercrime has a global reach; a perpetrator sitting in their bedroom in London could be hacking into a computer system anywhere in the world. The new offence acknowledges this reality and captures serious damage caused in any country. The clause goes on to define a reference to “country” as including a reference to a “territory” and to,

“(i) any place in, or part or region of, a country or territory;

(ii) the territorial sea adjacent to a country or territory”.

It is the last of these three points that my noble friend’s amendment seeks to address, and she raises a very interesting point.

The Territorial Sea Act 1987 specifies that the breadth of the territorial sea adjacent to the UK is 12 nautical miles. I can therefore reassure my noble friend that this form of words does not mean, as one might usually expect, the sea very close to the coastline, but captures the full 12 nautical miles of territorial water surrounding the UK.

However, the position will not be the same for all countries. Although the 1982 United Nations Convention on the Law of the Sea sets 12 nautical miles as a maximum for territorial waters, some states may have chosen a smaller limit. The boundary line for a country’s territorial waters will be governed by its own laws and by international agreements and conventions. The non-specific language in the Bill reflects this variation. Where the damage is caused in the UK the territorial sea adjacent to the country will be the 12 nautical miles around the UK. Where the damage is in another country we would expect the court to take into account the laws of the country in question, together with any relevant international conventions, such as the UN convention, and any other agreements, in determining the territorial sea’s breadth. I hope that my noble friend has found this explanation helpful and that she will agree to withdraw her amendment.

[Lord Elton (Con)]

Can my noble friend say whether territorial waters and a territorial sea adjacent to a country are normally co-terminous? My noble friend referred to some countries defining a territorial sea as extending less than 12 nautical miles, but she did not say whether it was less than the territorial waters of the country. I hope that is not too arcane.

--- Later in debate ---

[Baroness Williams of Trafford]

I thank my noble friend Lord Bourne for very helpfully clarifying the issue over mineral rights et cetera. If a crime took place on an oil rig, windmill or anything out to sea, it would be a matter for whichever country had a flag on it. I hope that clarifies the matter in respect of anything that might be in any sea anywhere in the world.

On whether the 12-nautical mile radius should still stand, I do not think that that is a question for today. The fact is that it does stand.

[Lord Elton]

My Lords, I was hoping to protract the glory of this small question, but I think that I had better sit down in order to wrestle with my machine that is bleeping.

[Baroness Williams of Trafford]

Saved by the bell, my Lords.