division_name: Police and Justice Bill
motion: <p pid="c.773.1/2" pwmotiontext="notmoved">[<I>Amendment No. 2 not moved.</I>]</p>
  
  <p pid="c.773.2/1" pwmotiontext="moved">moved Amendment No. 3:</p>
  
  <p class="indent" pid="c.773.2/2" pwmotiontext="moved">After Clause 13, insert the following new clause-</p>
  
  <p class="indent" pid="c.773.2/3" pwmotiontext="moved">"POWER TO SEARCH AEROPLANES</p>
  
  <p class="indent" pid="c.773.2/4" pwmotiontext="moved">(1) If the Secretary of State is aware of intelligence that any aircraft entering British airspace is being, has been or may be involved in an act of unlawful rendition then he may require that aircraft to land at a designated suitable airport and inform a responsible person that he has done so.</p>
  
  <p class="indent" pid="c.773.2/5" pwmotiontext="moved">(2) If any plane is required to land in accordance with subsection (1) a responsible person shall as soon as practicable make arrangements to-</p>
  
  <p pid="c.773.2/6" pwmotiontext="moved">(a) enter the aircraft; or (b) arrange for a police constable to enter the aircraft.</p>
  
  <p class="indent" pid="c.773.2/7" pwmotiontext="moved">(3) If the Secretary of State or other responsible person is aware of intelligence that an aircraft using airport facilities in the United Kingdom is being, has been or may be involved in an act of unlawful rendition then a responsible person shall as soon as practicable make arrangements to-</p>
  
  <p pid="c.773.2/8" pwmotiontext="moved">(a) enter the aircraft; or (b) arrange for a police constable to enter the aircraft.</p>
  
  <p class="indent" pid="c.773.2/9" pwmotiontext="moved">(4) A person who enters an aircraft under subsection (2) or (3) above shall endeavour to ascertain-</p>
  
  <p pid="c.773.2/10" pwmotiontext="moved">(a) whether the aircraft is being, has been or may be used for an act of unlawful rendition; (b) whether a criminal offence has been committed; (c) whether allowing the aircraft to continue could place the United Kingdom in breach of its obligations under the European Convention on Human Rights; and for these purposes may search the aircraft.</p>
  
  <p class="indent" pid="c.773.2/11" pwmotiontext="moved">(5) In order to comply with a power under subsection (4)(a) any item may be removed from the aircraft.</p>
  
  <p class="indent" pid="c.773.2/12" pwmotiontext="moved">(6) The powers in this section are exercisable only in circumstances where it is not reasonably practicable to obtain a warrant of entry in accordance with section 8 of the Police and Criminal Evidence Act 1984 (c. 60).</p>
  
  <p class="indent" pid="c.773.2/13" pwmotiontext="moved">(7) For the purposes of this section-</p>
  
  <p pid="c.773.2/14" pwmotiontext="moved">"an act of unlawful rendition" is an act involving the transportation of a person to a territory where international human rights standards, in particular protections against torture and inhuman and degrading treatment, are not routinely observed, such transportation not being in accordance with formal lawful extradition or deportation procedures; "a responsible person" means- (a) the chief officer of police of a police force maintained for a police area in England and Wales; (b) the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77); (c) the Chief Constable of the Police Service of Northern Ireland."</p>
  
  <p pid="c.785.1/1" pwmotiontext="considered">On Question, Whether the said amendment (No. 3) shall be agreed to?</p>
  
  <p pid="c.785.1/2" pwmotiontext="divided">Their Lordships divided: Contents, 87; Not-Contents, 147.</p>