|Mon 22nd June 2020||
Extradition (Provisional Arrest) Bill [Lords]
2nd reading: House of Commons
Programme motion: House of Commons
|5 interactions (701 words)|
Extradition (Provisional Arrest) Bill [Lords] DebateFull Debate: Read Full Debate
Daisy CooperMain Page: Daisy Cooper (Liberal Democrat) - St Albans)
Department Debates - View all Daisy Cooper's debates with the Attorney General
Legislation Debates - View all Daisy Cooper's contributions to the Extradition (Provisional Arrest) Bill [HL] 2019-21
(3 months, 1 week ago)Commons Chamber
I agree with the shadow Home Secretary that this legislation fills a gap. It is a really important, sensible, sound and sober piece of legislation that meets a need and builds on our existing tried and tested relationships with valued partners across the globe. It is limited in scope and tightly focused, and the amendments passed in the other place to ensure that people should be brought to a judge as soon as possible are incredibly sensible, understanding the geographical nature of our country and addressing clause 39 of Magna Carta—no imprisonment without due legal process.
The Bill addresses a real need to get people off the streets as quickly as possible. The most interesting part of the Bill has been that most extradition seems to revolve around chance encounters; as the Minister said, 60% of people just happen to be stopped in traffic incidents or other minor legal infractions. I am particularly glad that this legislation will enable us to get those people to speedy justice, rather than allowing them to slip through the net for something that might not have been a crime that they would otherwise be arrested for. I am also glad that it does not change any safeguards in our extradition practices; that is a fundamental underlying principle of this legislation. As the legislation only applies to people whose crimes would lead to a sentence of over three years, and is considered a serious offence in the UK, there are quite clearly sensible safeguards in place to protect people.
This piece of legislation is not before time, and I welcome the fact that speedy extensions can be made to new countries via statutory instrument with the appropriate safeguards in place, rather than having to go back to primary legislation. I support the Bill and look forward to its speedy passage through the House.
I have listened carefully to what the hon. Lady has said, and I have to tell her that I do not have much confidence in the justice system in Romania, bearing in mind the Adamescu case. Surely she must appreciate that within the EU there are severe shortcomings with the European arrest warrant scheme.
I have spoken on the issue of extradition on a number of occasions in the House, as I seek to ensure that we have in place understandings to allow the extradition of terrorists to our shores, as well as reciprocal arrangements. I commend the Minister and our Government for presenting the Bill—well done to him for introducing it. He outlined an example of something that will not be able to happen again, and that is why it is good to have this extradition legislation in place.
I am grateful to the Lords for their amendments that introduce additional safeguards to the process of adding further territories in future. I have no doubt that there will be a need to do just that. This accurately reflects the concern about the possibility of countries with poor human rights records abusing the extradition system. We simply cannot allow that to take place, and the hon. Member for Wycombe (Mr Baker) outlined that well in his intervention.
It is clear that these initial countries—Australia, Canada, Lichtenstein, New Zealand, Switzerland and the USA, along with some other EU countries—will not abuse human rights, and we can be content to allow them to be included. However, the Lords amendments look to the future to ensure that, for example, while we might have trading deals with China, we would not be comfortable extraditing political prisoners there. The same can be said for many countries, and for many reasons, such as freedom of religion or belief. I chair the all-party group on international freedom of religion or belief, and I think of China’s human rights abuses of many people—of Christians, in particular, and of the Uyghur Muslims and Falun Gong. It is really a despicable country when it comes to human rights. This is an issue of grave concern to me, and we must ensure that we offer protections for those who face losing their life simply because they chose to follow Christ.
I further agree with the terms for the Brexit negotiations and I welcome a withdrawal based largely on the EAW, but including further grounds on which extradition can be refused. These include the right for parties to refuse to surrender their nationals, as well as a requirement of double criminality. The act for which the individual is sought must constitute an offence in both jurisdictions, but the parties can waive this requirement on a reciprocal basis for certain serious offences, and that has to be good news. Unlike the EAW, this waiver will be optional.
The Bill also provides for parties to refuse on a reciprocal basis to surrender individuals sought for political offences, with an exception of certain specified terrorist offences. I agree on all these matters. In Northern Ireland, we saw many years of terrorists fleeing from their crime and finding refuge in the Republic of Ireland, only to return to carry out further crimes. I have spoken in the House before about my cousin, Kenneth Smyth, who was a sergeant in the Ulster Defence Regiment, and his comrade, Daniel McCormick. Both were murdered on 10 December 1971. Those responsible escaped across the border and nobody ever made them accountable for their crimes. It is absolutely despicable and wrong. They may not have been made accountable in this world, but they will certainly be accountable in the next, and I look forward to that. Acts of terrorism cannot be excluded from any extradition policy. Indeed, they must be the foundation for it and that is why I look to Government for leadership and commitment, which clearly will be there.
I welcome the shadow Minister, the hon. Member for St Helens North (Conor McGinn), to his place. He and I have been good friends over the last few years and I am very pleased to see him there. Extradition is an essential part of any civilised country, and I believe that the foundations contained in the Bill allow effective extradition in all good conscience. I welcome the Bill.