Crime (Overseas Production Orders) Bill [HL]

Moved by

Baroness Hamwee

21: Clause 5, page 6, line 21, at end insert—

“( ) the...

My Lords, this amendment is grouped with Amendment 22 in the name of the noble Lord, Lord Rosser....

I shall speak to the amendment in my name, which, as the noble Baroness, Lady Hamwee, said, has i...

I thank both noble Lords for their points. As they said, overseas production orders will be used ...

Perhaps I may ask for clarification. As I understand from what the noble Baroness said— I may wel...

I think it would be made under Schedule 1 of PACE—no, I am wrong. The answer is winging its way t...

In the other direction, would an order made in an American court against a British provider that ...

While we are waiting, am I right in thinking that in the recent Facebook case it was not that the...

I think the noble Lord is probably quite right. It goes back to what I was saying at the beginnin...

On the point the noble Lord, Lord Paddick, made, does it stand up that the service provider—he sp...

The current Facebook case is a good case in point. There is no requirement for it to provide the ...

My Lords, perhaps when I read all this I will understand it a little better than I have while lis...

I do not usually intervene on noble Lords but, if I may, the noble Baroness is absolutely correct...

Indeed it is optional, but one expects there to be an effective sanction. In this context, contem...

But of course—I am sorry to interrupt the noble Baroness again—there is also reputational damage,...

Yes, I take that point. I had wondered whether I should have apologised at the beginning of this ...

Moved by

Baroness Hamwee

23: Clause 6, page 7, line 6, leave out from second “data” t...

My Lords, Clause 6(4)(c) provides that the requirements in the Bill have effect,

“in spite ...

I thank the noble Baroness for her amendment, which gives me the opportunity to set out to the Co...

My Lords, this is another occasion when I shall have to read the reply carefully. But, with regar...

Moved by

Baroness Hamwee

24: Clause 7, page 7, line 12, after “revoke” insert “(in wh...

My Lords, my Amendments 25, 26, 28 and 35 are also in this group. The noble Lord, Lord Rosser, ha...

As the noble Baroness, Lady Hamwee, said, I have tabled a Clause 7 stand part debate, which is in...

I thank the noble Baroness and the noble Lord for their points. I will give them a very long answ...

Could I ask for some clarification? Do the seven days apply at present for domestic orders? In ot...

As I understand it, seven days is a standard timeframe. I totally take what the noble Lord says i...

Would the Minister not agree that somebody in the United States must have a pretty good working k...

I take the noble Lord’s point. I imagine that all of that would be laid out in the agreement, giv...

My Lords, I am grateful for the long explanation. I had correctly anticipated what the Minister w...

My guess—I am sure that the Box will correct me if I am wrong—is that if a non-disclosure order i...

I thank the Minister. I beg leave to withdraw the amendment.

Moved by

Lord Rosser

29: Clause 9, page 9, line 3, leave out “3” and insert “2”

I will be very brief. Clause 9(1) states that an overseas production order that is not served wit...

I have not got a lot to say on this—but I will say it nevertheless. On Amendment 29, I agree with...

I thank the noble Baroness and the noble Lord for their comments. The noble Lord, Lord Rosser, ma...

I am grateful for that. Reading the clause, it occurs to me that one could avoid being served by ...

As I said, if the noble Baroness is confused, that is an indication to me to look at what the Exp...

I am a bit confused, but that last point is not something to answer now. It is about whether we a...

Bearing in mind that the Minister has said, without making any commitment, that she will reflect ...

I have to inform the Committee that if Amendment 30 is agreed to, I cannot call Amendments 31 or ...

Moved by

Baroness Hamwee

30: Clause 10, page 9, line 16, leave out from “necessary” t...

I do not suppose that that will trouble us in Grand Committee.

Clause 10 deals with the ret...

My Lords, the noble Baroness, Lady Hamwee, raises three important amendments here and I look forw...

I thank the noble Baroness and the noble Lord for their points. I turn to the first point that th...

That was a very long explanation of why the clause is as it is and I thank the Minister for it. S...

There is a code of practice for PACE. We will look at whether some guidance is necessary for this...

I thank the Minister for saying she will look at those points. If we are mirroring PACE then we c...

My Lords, I think I am going to have to spend some time between now and Report familiarising myse...

Moved by

Lord Paddick

39: After Clause 16, insert the following new Clause—

“Pr...

My Lords, Amendment 39 is in my name and that of my noble friend Lady Hamwee. I am grateful for t...

My Lords, I fully support the amendment moved by the noble Lord. I recall our debates in the Cham...

I thank the noble Lord, Lord Paddick, for the point that he has made, and the noble Lord, Lord Ke...

The noble Lord’s amendment seeks to put on in the Bill that, in cases of dispute, the GDPR shall ...

I agree with the noble Lord, but I am saying there would be an underlying basis for data protecti...

With that comment, is the Minister saying that, actually, GDPR will prevail?

Yes, I am.

My Lords, as the Minister is responding, it seems that this falls into a similar category to a po...

My Lords, I am grateful to the Minister, and to other noble Lords, for their contributions. In es...