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Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 3) Order 2009

My Lords, the Crime (International Co-operation) Act 2003 provides a streamlined and modernised framework pursuant to which the United Kingdom can both make and execute requests for mutual legal assistance. In an effort to further improve international co-operation we seek to designate Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Israel, Montenegro, Serbia and Switzerland as participating countries for the purpose of various sections of that Act. The designations that will be made under the order are required to enable the UK to ratify the second additional protocol to the European Convention on Mutual Assistance in Criminal Matters, which the noble Lord, Lord Skelmersdale, and I discussed on Monday evening as part of the debate on an excellent report from one of your Lordships’ Select Committees. The convention is an important instrument in the provision of mutual legal assistance between states and forms the treaty basis for a high proportion of both incoming and outgoing requests for criminal mutual legal assistance. The second additional protocol is aimed at strengthening mutual legal assistance among the parties to the convention and widening the scope of mutual legal assistance which is available. As I said, it is worth noting that the House of Lords Select Committee on the European Union made clear in its recent report on money-laundering and terrorist financing, which was the subject of an excellent debate on Monday, that it is keen that the UK move swiftly towards ratification of the second additional protocol. That is what we are taking forward in this order. I shall read my brief slowly, because it confuses me when I read it quickly. To ratify the second additional protocol the UK needs, among other things, to be able to deal with requests for mutual legal assistance in accordance with Sections 31, 47 and 48 of, and paragraph 15 of Schedule 2 to, the Crime (International Co-operation) Act 2003, and to ensure that UK criminal process is served overseas in line with the provisions of Sections 4 and 4B of the same Act. Under the scheme of the 2003 Act, for the UK to seek and provide mutual legal assistance to a country in accordance with these provisions, it is stated that it must fall within the definition of a "participating country" in Section 51(2)(b) of the 2003 Act. A country falls to be regarded as a participating country under Section 51(2)(b) if it was a member state of the European Union on the date on which the relevant provision of the 2003 Act was commenced or if it has been designated as a participating country in an order made by the Secretary of State. While most of the countries which are parties to the second additional protocol were member states of the EU on the date on which Sections 4, 4B, 31, 47 and 48 of, and paragraph 15 of Schedule 2 to, the 2003 Act were commenced, and therefore fall to be regarded as participating countries for the purpose of those provisions, some of the ratifying states were not. Accordingly, this order seeks to designate those states as participating countries for the purpose of those provisions. The effect of the designations will be as follows. Designating the relevant states as participating countries for the purposes of Section 31 of, and paragraph 15 of Schedule 2 to, the 2003 Act will allow the UK to execute requests for witnesses in this country to give evidence in foreign proceedings by telephone and to ensure that where such evidence is given the process is supervised by a court in the participating country. Designating the relevant states as participating countries for the purposes of Section 47 will allow the temporary transfer of UK prisoners to that participating country to assist with investigations into an offence that may or may not have been committed in the UK. Similarly, designation for the purpose of Section 48 will allow the temporary transfer of prisoners from a participating country to the United Kingdom to assist with investigations into an offence which was, or may have been, committed in that participating country. Designation as participating countries for the purposes of Sections 4 and 4B of the 2003 Act will mean that service of process, written charges or requisitions from the UK to persons in participating countries must be by post, save where the person’s correct address is unknown, where it has not been possible to serve the process by post, where there are good reasons for thinking that service by post will not be effective or where it is inappropriate. Switzerland is not designated here as it has already been designated as a participating country for the purpose of these sections at an earlier date. The UK is committed to improving the provision of mutual legal assistance, which is a key tool in ensuring that cross-border crime can be combated and that justice is achieved for British victims of crime. Ratifying the second additional protocol will further these aims. This order, which will allow us to ratify the second additional protocol, will therefore be of great benefit to British victims of crime. I accordingly commend the order to the Committee.