Extradition (Provisional Arrest) Bill [HL]

Debate between Baroness Hamwee and Baroness Wilcox of Newport

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Monday 15th June 2020 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I support my noble friend Lord Kennedy’s amendment as it would add to the system of fairness and justice, since a further check and balance would be written into the Bill. It ensures that the territory in question would not abuse the Interpol red notices system. As noble Lords will know, a red notice is a request by Interpol on behalf of one member state to all other member states to locate a suspect or convicted person, and take steps to facilitate their surrender to the requesting state. Extradition proceedings then follow.

However, not every country treats red notices as a valid warrant and the legal effect therefore currently differs between states. In February 2019, the European Parliament published a study that examined abuse by some states of Interpol’s notice system to persecute national human rights defenders, civil society activists and critical journalists in violation of international standards of human rights. The study, entitled Misuse of Interpol’s Red Notices and Impact on Human Rights—Recent Developments was commissioned by the European Parliament’s sub-committee on human rights. The study acknowledged that the reforms implemented in 2015 have improved the situation. However, abuses of the Interpol system against individuals, including refugees, continue.

There is still a lack of established rules and procedures to govern the vetting process and adherence to Interpol’s constitution. It is therefore of utmost importance that we in this House have the opportunity to finesse and refine the statute so that weaknesses in established systems are not exacerbated by any vague legislation coming from this House. I therefore support my noble friend Lord Kennedy’s amendment.

[Baroness Hamwee (LD) [V]]

My Lords, in this amendment the noble Lord, Lord Kennedy, has successfully combined a number of issues raised during the passage of the Bill. As noble Lords know, it is very difficult to resist even an affirmative instrument. That is the reality of the system, so it is particularly important that the Government are transparent and inclusive.

I went back to look at the Delegated Powers memorandum and realised—I had not noticed this before—that we are told as part of the justification for taking the power that a

“response to changing circumstances”—

which I will come to—

“provides certainty and clarity as to the appropriate manner of request from amended or newly specified territories. For example, if the UK were not to have access to the European Arrest Warrant or a similar tool, with the effect that EU Member States become re-designated as category 2 territories, it is likely to be appropriate to specify some or all of them for the purposes of this legislation.”

We had quite a bit of debate at the beginning as to whether the Bill is really preparing for us not being part of the EAW system, so there will be some interesting debates to come as territories are added.

As a member of the EU Select Committee, I have had the opportunity of hearing the Chancellor of the Duchy of Lancaster mention this on a number of occasions. He said that what is important is to preserve our sovereignty, matters of proportionality and the state’s readiness for trial. As I say, there will be quite a bit to discuss as we add other countries.

The delegated powers memorandum also says:

“in the unlikely event of a deterioration in the standards of the criminal justice system of a specified category 2 territory, it is likely to be appropriate to remove”

it; well, the United States has been mentioned already by the noble Baroness, Lady Kennedy of Cradley. I suppose the answer to that is in the question of deterioration, because there are plenty of concerns about its processes now.

The House will be aware of our enthusiasm for consultation. I know that they do not claim this, but the Government do not have the monopoly of wisdom. Like other noble Lords, I am often very impressed by the knowledge that NGOs have. My noble friend Lord Paddick raised this point. I hope the Minister can confirm that, in legislation-speak, the Secretary of State’s opinion must always be a reasonable opinion and can be challenged on the basis that it is not reasonable.

I tabled an amendment in Committee to the effect that the designated authority—in our case, the NCA—must be satisfied that the request is not politically motivated. The Minister responded carefully and in detail, and I was grateful for that. The Committee was then reminded that the Extradition Act has safeguards in respect of requests motivated by a person’s political views. I want to make a distinction between that amendment and the one in the name of the noble Lord, Lord Kennedy, which is about the abuse of the red notice system. I think that is different; it is to do with the requesting territory’s approach on a wider basis. I hope that the House will accept that the narrower amendment has been disposed of, as it does not deal with the wider point. From our Benches, we support the amendment.