Extradition (Provisional Arrest) Bill [HL]

(Limited Text - Ministerial Extracts only)

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 23rd March 2020 Lords Chamber

[Lord Wood of Anfield (Lab)]

My Lords, the amendment tabled by the noble Baroness, Lady Hamwee, highlights the need for caution over any period of detention before an individual is brought before the judge. From the points just made, I think the House can agree that it is unclear why these detention periods are inconsistent in different cases. The efforts to draw the House’s attention to this certainly have the support of this side of the House. I hope the Minister can offer the House an explanation as to the reason behind this inconsistency between urgent cases under the 2003 Act’s category 1 and category 2.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

I thank the noble Baroness, Lady Ludford, for her explanation and the noble Lord, Lord Wood. As noble Lords will know, the courts to which all extradition suspects must be taken, whether arrested under Part 1 or Part 2 of the Extradition Act 2003—as currently or as amended by this Bill—are Westminster Magistrates’ Court for England and Wales, Edinburgh Sheriff Court for Scotland and Belfast magistrates’ court for Northern Ireland. Currently, the person arrested under the Act must generally be brought before the appropriate judge “as soon as practicable” following arrest. Under the new power of provisional arrest in this Bill, it must occur “within 24 hours”.

The reason the Bill was originally drafted in this way was to strike a balance between getting arrested individuals before a judge as quickly as possible—the point the noble Lord, Lord Wood, makes—and allowing the police sufficient time to gather supporting information. This mirrored, in a more stringent form, the approach to provisional arrest in Part 1 of the Extradition Act 2003, which requires an individual to be brought before an appropriate judge within 48 hours of arrest. But I am conscious that the drafting departs from the general requirement currently imposed on the police after they make arrests under other existing powers in the Extradition Act 2003—the point that the noble Baroness, Lady Ludford, makes.

I listened carefully at Second Reading and in Committee, and I have concluded that the new power of arrest in the Bill should be consistent in this respect with existing law and practice in relation to Part 2 of the 2003 Act and should therefore mirror the wording “as soon as practicable”. This will ensure that individuals are not detained for any longer than is strictly necessary. If, for example, an individual is arrested in central London, “as soon as practicable” would in all probability be within 24 hours. Our operational partners have already proved themselves effective at producing wanted persons before courts within strict timeframes, and the three UK extradition courts have proved strict arbiters of police actions under the “as soon as practicable” requirement.

Therefore, I intend to introduce a government amendment to this effect at Third Reading to address those concerns. The amendment will leave out the words “within 24 hours” and insert “as soon as practicable” in their place, as well as consequently deleting the express exclusion of weekends and bank holidays in the calculation of the 24-hour period. While the language will not explicitly rule out production on weekends or bank holidays, these factors will, of course, be relevant to the practicability of bringing an individual before an appropriate judge. If public holidays or court opening times were to change in future, the legislation would not need to be amended to take account of that. It remains the Government’s intention that the arrested person be brought before a judge sitting in court and so the concept of “as soon as practicable” will remain subject to court sitting times, which are determined by the judiciary. There may, of course, be a multitude of other factors which affect, in the individual case, the practicability of bringing an individual before a judge, such as distance, natural disasters or illness of the arrested individual. We continue to think it is right, therefore, that the judiciary is the arbiter, in the individual case, of whether this test of “as soon as practicable” is met, and it will be able to do so in determining any application for discharge under Section 74D(10).

I hope that the noble Baroness and the noble Lord are content with those intentions, which I will bring back at Third Reading and that the noble Baroness will be happy to withdraw the amendment.

[Baroness Ludford]

My Lords, I am very grateful to the Minister for having productively reflected on this. I can see the original attraction of a rigid time limit, and the Minister is right that there is inconsistency in the Extradition Act 2003, because there is a 48-hour limit for provisional arrest in Part 1. Perhaps that is what guided the drafting of the original Bill. As the Minister said, the experience of the relevant courts dealing with extradition in the different jurisdictions is that they are prompt and do not sit on these things. Therefore we can rely on the operations of the courts to make sure that “as soon as practicable” happens and that it is only some kind of force majeure that stops that being very soon, taking into account what the noble and learned Lord, Lord Judge, said at Second Reading and in Committee about the ability of a judge to be available, certainly in the Westminster court, on a Saturday. I am very grateful and look forward to the amendment that the Minister intends to bring back at Third Reading.

Forgive me if, in all the turmoil at the moment, my knowledge of procedure has gone slightly AWOL: I think I still need to move the amendment. No? Okay, then I shall withdraw it. I am obviously not very good at this—that is why we need my noble friend Lady Hamwee here. I end by saying that on the basis of the assurances and promises of the Minister, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Ludford]

My Lords, we on these Benches support Amendment 3 in the name of the noble Lord, Lord Kennedy. We hope that the Government will confirm the involvement of the devolved Administrations and believe that there is a strong case to be made for consulting NGOs that have experience of the country concerned, however knowledgeable the Foreign and Commonwealth Office may be.

On the “risks” mentioned in paragraph (b) of the amendment, I imagine that the noble Lord means that he expects the Government to make an assessment of balance and proportionality in whatever conclusion they reach on the suitability of a country to be included.

Of course, we totally support his reference in paragraph (c) to the need to avoid the abuse of Interpol red notices, to which I referred in moving Amendment 1. I have said that I am a patron of Fair Trials International and I want to give it a plug: it has done sterling work on this issue in the past few years and can, I believe, take considerable credit for the reforms that have been made to Interpol red notices so far. They do not go far enough but reference has been made in previous stages of the Bill to the fact that some reform is going on at Interpol; that needs to improve because there is still the problem of abuse. Perhaps one day there will not be and we can look again, but, for the moment, Amendment 3 is very appropriate.

[Baroness Williams of Trafford]

My Lords, I thank both noble Lords who have spoken. I was looking at the noble Baroness, Lady Ludford, slightly strangely because it is unusual to speak twice on the same group of amendments. It really does not matter because these are very unusual times, so it is not a precedent.

I do not know whether noble Lords want me to go through the full arguments today or whether they want to return to them at Third Reading; I sense that that is the mood of the House. Noble Lords have made their arguments. For the reason that the noble and learned Lord, Lord Judge, is not here and would like a further crack at this whip, I suggest that we let this lie for the moment and return to it at Third Reading, if that is okay with noble Lords.

[Lord Stevenson of Balmacara (Lab)]

I am sorry to interrupt. The sensibility behind the noble Baroness’s comment is that this a matter that we can come back to at Third Reading. Without wishing to be overly bureaucratic about it, following her helpful line in allowing issues on Report to be taken in a more relaxed way, a rule in the Companion is quite clear that it is with the leave of the Minister that matters can be raised again. Is she saying that, if these amendments are withdrawn, she will accept that they may be brought back for further debate and discussion? That would be sufficient for the clerks to be able to allow us to do that.

[Baroness Williams of Trafford]

I most certainly am saying that. For me to lay out arguments today, with the noble Baroness saying what she said about coming back to this at Third Reading, would seem a little futile. That is absolutely what I am saying.