Extradition (Provisional Arrest) Bill [HL]

(Limited Text - Ministerial Extracts only)

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Wednesday 14th October 2020 Lords Chamber

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

My Lords, before I turn to the Commons amendments, I will take a moment to remind us all what the Bill does. It gives our law enforcement officers the power to arrest individuals wanted by particular countries for serious crimes when they come across them at the border or on the streets of the United Kingdom. So, when the police come across an individual who they understand, on performing a simple database check, is wanted for a serious offence overseas, they can arrest them immediately without first applying to a judge for a UK arrest warrant. I know that noble Lords already agree that this is a sensible and necessary piece of legislation. I hope that we are now at the final stage of its passage.

Motion on Amendments 1 and 2

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendments 1 and 2.

1: Clause 2, page 1, line 16, at end insert “, but paragraph 3A of the Schedule may not be commenced so as to come into force in relation to a territory before that territory is a category 2 territory for the purposes of the Extradition Act 2003.”

2: Schedule, page 3, line 22, leave out from beginning to end of line 24 and insert— “(3A)
The “designated authority” is the National Crime Agency.
(4) The Secretary of State may by regulations amend this section so as to change the meaning of “designated authority”.”

[Baroness Williams of Trafford (Con)]

My Lords, if noble Lords are amenable, I will address Amendments 1, 2 and 5.

First, I reiterate that the Bill is designed to bring a wanted person into their extradition proceedings as soon as the police come across them without changing in any way the likelihood of their successful extradition to any country. Ongoing extradition proceedings remain the preserve of the UK’s independent courts and all the safeguards that currently exist will continue to apply. The judicial oversight afforded to every person who goes through extradition proceedings remains unchanged.

I wrote to noble Lords on 21 September. I repeat what I said then:

“a UK court has no obligation to extradite a suspect who has been arrested using this or any power and the protections for every person who faces extradition in the UK remain in place within the Extradition Act 2003. This Bill does not make any individual extradition any more or less likely. The Bill allows UK law enforcement officers to better protect the British public and get potentially dangerous offenders off UK streets. It does not provide any advantage for the countries that are listed in the Bill and, as now, it is a UK court who will determine whether the fugitive should be extradited, not a court overseas.”

Amendments 1 and 5 are a contingency to keep an important protection for the UK public in place after the end of the transition period, whatever the outcome of the current negotiations. As noble Lords are aware, the negotiated outcome that we seek with the EU would create a warrant-based system based on the EU’s surrender agreement with Norway and Iceland.

The purpose of amending the Bill in this way and at this time is to ensure the continuation of relevant arrest powers should it prove necessary; it will be commenced only if it is needed. If an agreement is reached, it will not need to come into effect. It is a contingency. Similarly, it provides a contingency in the event that we do not agree new extradition arrangements with Norway and Iceland to maintain the arrest power currently available by virtue of the EU’s Norway-Iceland surrender agreement.

Our current warrant-based extradition arrangements, in the form of the European arrest warrant, and the ones we seek to negotiate based on the agreement with Norway and Iceland, both allow for the immediate arrest of a fugitive wanted by a party to the agreement to take place. We are of course seeking to agree arrangements to keep our power of immediate arrest and retain an end-to-end extradition system with EU countries, Norway and Iceland. The Bill cannot and does not provide an end-to-end system, as is being discussed in the negotiations, but it would none the less maintain an important existing law-enforcement capability in respect of persons wanted by EU countries, Norway and Iceland. There is no alternative in UK law or within the European Convention on Extradition.

So, in the absence of the power being available, this important protection for UK citizens from potentially dangerous criminals wanted across Europe would be lost. Last year, nearly 1,100 wanted persons were arrested in the UK based on a European arrest warrant. Between 60% and 70% of these were as a result of chance encounters. It is these arrests that this amendment provides the contingency for. The Bill is about ensuring that UK law-enforcement officers can continue to arrest dangerous criminals in the UK as they do now. It has nothing to do with whether any UK extradition requests from other countries are successful.

If we fail to legislate in this way and do not secure new extradition arrangements with the EU, Norway and Iceland, if a UK police officer were to encounter a dangerous criminal that they knew to be wanted by the police in an EU member state, they would not have the power to arrest them then and there. The police officer would need to let the individual go, secure a UK arrest warrant from the courts and then attempt to track down the fugitive, possibly days later and of course leaving open the possibility that they might reoffend.

I repeat: the amendment will be commenced only if no warrant-based system is in place at the end of the transition period. It will not be commenced if an agreement is reached with the EU or, in respect of Norway and Iceland, with those territories. The drafting allows for commencement only in relation to EU member states and not Norway/Iceland or vice versa to accommodate the different possible negotiation outcomes. Noble Lords will note that the provision also contains a sunset clause, such that it expires at the end of 2021 to the extent that it has not been commenced. I ask noble Lords to support the Government in this responsible and necessary contingency planning and to support Amendments 1 and 5.

Amendment 2 specifies that the National Crime Agency is to be the designated authority for this legislation and provides a power to change the designated authority by regulations in the future. The designated authority is the agency that will have the task of “certifying” the international arrest alerts that conform to the criteria for carrying out the new power of provisional arrest. We have taken this approach as a direct alternative to using secondary legislation on this occasion. The amendment therefore represents a change of process, not policy, and noble Lords will recognise that it is being made in response to pressures on parliamentary time.

Throughout the passage of this Bill, the NCA, as the UK’s National Central Bureau for Interpol, has been identified as the designated authority and has the need for a regulation-making power to change that, if necessary, in the future. This ensures flexibility for changing circumstances or alterations to the functions or titles of law-enforcement bodies in the UK, such as the NCA in this context.

I thank the noble Lord, Lord Kennedy of Southwark, who laid a very similar amendment to this in Committee, for his contribution to the scrutiny of this Bill. I hope that noble Lords will agree that this ensures the best use of parliamentary time, and the future-proofing of this legislation. I ask noble Lords to support the Motion on Amendments 1 and 2, and the Motion on Amendment 5.

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[Baroness Williams of Trafford (Con)]

I thank the noble Lords who spoke to this. I start with the analogy between this and the European arrest warrant, and the suggestion that this was our intention all along. The Bill is similar to the EAW only in so far as it provides an immediate power of arrest of those wanted by countries listed in the Bill. It does not change anything about the subsequent extradition hearing in court or consideration by the Home Secretary.

In the negotiations going forward, I reiterate that we will remain fully committed to reaching a balanced and reciprocal agreement with the EU on law enforcement and criminal justice. The safety and security of our citizens is our top priority, which is why we have said that the agreement with the EU should provide for a fast-track extradition arrangement, based on the EU’s arrangements with Norway and Iceland. An agreement with the EU that reflected either the UK or EU text would keep EU member states in Part 1 of the Act, where the power of immediate arrest already exists. The Bill is for specified Part 2 countries only, for which there is currently no power of immediate arrest.

I thank the noble Lord, Lord Anderson, for his use of the word “prudent”. I know he is not entirely satisfied with this outcome and would have preferred the EAW, for all its shortcomings, but I hope that that explanation is reasonable to noble Lords, for now.

Motion agreed.

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 3.

3: Schedule, page 3, line 37, leave out from beginning to end of line 2 on page 4

[Baroness Williams of Trafford (Con)]

My Lords, I now address Amendments 3 and 4, made in the other place, to remove amendments made here at Third Reading. Amendment 3 commits to Parliament having the same opportunities to scrutinise this issue as it does now in the specification of territories under the Extradition Act 2003. The addition or removal of any territory is by the affirmative procedure and, as I have emphasised throughout the passage of the Bill, any statutory instruments laid before Parliament are accompanied by Explanatory Memorandums, which set out both the legislative context and policy rationale.

Throughout this process, relevant officials are engaged in regular discussions with their counterparts in the devolved Administrations and law enforcement agencies, which operate across the UK to ensure the effectiveness of our extradition system. This system, which gives Parliament the opportunity to scrutinise such proposals and accept or reject them, has been in place for over 15 years and has proved effective and fit for purpose. The amendment ensures legislative consistency between the Bill and its parent Act, the Extradition Act 2003. There is no need for alternative provisions, and I hope noble Lords will support the amendment, which the other place considered in detail and decided, on balance, to comprehensively support.

I will now address Amendment 4, made in the other place, to remove the amendment made here. This provides that the removal or addition of a country will take place under the existing process in the Extradition Act 2003, where multiple countries may be added or removed at once. The Bill is consistent with that legislation and any Government seeking to add countries in the future can do so only with the consent of Parliament.

Unnecessarily burdensome legislation is an inappropriate use of parliamentary time and resources, and the Government are under a duty to use proportionate systems to legislate. Any additions are dictated by the will of Parliament and, if Parliament does not agree that a country should be specified, the relevant regulations will be voted down in the normal way.

The Government are well aware of the importance of parliamentary support to continue or commence any extradition arrangements with new countries. Our arrangements with Hong Kong are a good recent example, and amendments tabled to the Bill in the other place demonstrated the strength of parliamentary feeling on the matter. Our extradition arrangements with Hong Kong have been suspended indefinitely and these events exemplify that this kind of parliamentary scrutiny is already highly effective. As with the previous amendment, we do not think there is any need for this provision in the Bill. I therefore ask noble Lords to support these amendments and I beg to move.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, I start with the issue that has been mentioned by all noble Lords who have spoken: the specification of non-trusted countries. Speaking as a Minister, when we look at secondary legislation we always look to see where the risks are and where the opposition might lie. For a Minister to bring forward a statutory instrument that might contain a country to which the whole of Parliament would be opposed would be to absolutely guarantee that that instrument would be voted against. The addition of any country must be approved by both Houses of Parliament, and I trust that neither House would be content to approve the addition of a country about which it had any concerns.

The noble Baroness, Lady Hamwee, talked about politically motivated extradition requests. I certainly have sympathy with her point, but the power is not being afforded to countries known to issue politically motivated extradition requests, nor does it alter the ability of a UK judge to discharge such requests in the normal way. The independent courts are the proper forums for deciding which extradition requests should fail, so it would not be appropriate to make provision relating to politically motivated extradition requests through this Bill, which is about a power of arrest. The immediate power of arrest proposed by the Bill will apply only to requests from specific countries: currently, the USA, Canada, Australia, New Zealand, Liechtenstein, Switzerland and, if necessary, the EU member states. These countries are specified as we already have effective extradition relationships with them, and we have confidence in their use of Interpol and the international arrest alerts that they issue. The Government have no intention of specifying countries which are likely to abuse the system to political ends.

The noble Lord, Lord Kennedy, talked about the abuse of Interpol channels. International organisations such as Interpol are critical to international law enforcement and provide a secure channel through which we exchange information on a police-to-police basis for action. The UK continues to work with Interpol to ensure that its rules are robust, effective and complied with. The former chief constable of Essex was recently made the Executive Director of Police Services for Interpol, which is the most senior operational role in that organisation. A UK Government lawyer has also been seconded to Interpol’s Notices and Diffusions Task Force to work with it to ensure that Interpol rules are properly robust and adhered to by Interpol member states.

The noble Baroness, Lady Hamwee, and the noble Lord, Lord Kennedy, made a sensible point about consultation. Of course, extradition is a reserved matter, but we have worked very closely with the devolved Administrations regarding the contents of the Bill and will of course engage with them as a matter of good practice where any secondary legislation is to be introduced in relation to it.

Motion on Amendment 3 agreed.

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 4.

4: Schedule, page 4, leave out lines 3 and 4

--- Later in debate ---

14:40

Division 1

Ayes: 136

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Liberal Democrat: 79
Crossbench: 44
Independent: 7
Labour: 2
Green Party: 2
Plaid Cymru: 1

Noes: 259

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Conservative: 212
Crossbench: 34
Independent: 8
Ulster Unionist Party: 2
Democratic Unionist Party: 2

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 4.

4: Schedule, page 4, leave out lines 3 and 4

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 5.

5: Schedule, page 7, line 2, at end insert—
“3A In Schedule A1 (as inserted by paragraph 3), at the appropriate places, insert—
“Austria”;
“Belgium”;
“Bulgaria”;
“Croatia”;
“Cyprus”;
“Czech Republic”;
“Denmark”;
“Estonia”;
“Finland”;
“France”;
“Germany”;
“Greece”;
“Hungary”;
“Iceland”;
“Ireland”;
“Italy”;
“Latvia”;
“Lithuania”;
“Luxembourg”;
“Malta”;
“The Netherlands”;
“Norway”;
“Poland”;
“Portugal”;
“Romania”;
“Slovakia”;
“Slovenia”;
“Spain”;
“Sweden”.
3B Paragraph 3A is repealed at the end of 2021 if, or to the extent that, it has not been brought into force before the end of that year.”