Rwandan Genocide: Alleged Perpetrators

Debate between Desmond Swayne and Ben Wallace

Tuesday 9th April 2019 Commons Chamber

[Mr Wallace]

I can assure the hon. Gentleman that I meet the head of counter-terrorism policing at least once a week, and we discuss a wide range of issues. If there is an issue with resource pressure in this particular case, or in other cases, we will no doubt discuss it and do what we can to solve it. Other courts and other countries have different statute books and different legislative arrangements. We go by our courts, and our courts made that ruling. That is regrettable. I am frustrated, and not just in this case; any Home Office Minister will often see their decisions and their attempts to extradite sometimes very dangerous people struck down. However, that is the rule of law—that is the rules-based system we are in—and, whether I like it or not, it is quite right that we follow it.

[Sir Desmond Swayne (New Forest West) (Con)]

With chain gangs labouring in uniforms of magnificent pink, like that worn by my hon. Friend the Member for Redditch (Rachel Maclean), is there not much we can learn from the Gacaca court system?

[Mr Wallace]

Well, I am not going to comment on that, but it is very clear that successive Governments have tried to extradite these people to face justice in Rwanda. The courts took a different view. We then stepped up to the plate, and the police, in an operational decision, had to investigate. I am not a learned gentleman with the ability to compare different legal systems, and nor will I attempt to.

Foreign Fighters and the Death Penalty

Debate between Desmond Swayne and Ben Wallace

Thursday 11th October 2018 Commons Chamber

[Mr Wallace]

I am old enough to remember “Jackanory” and I think that I have just heard a “Jackanory” narrative from the hon. Gentleman. Let me deal with his questions. He asserted that, in every case previously, we have always sought assurances. That has not been the case. I apologise for not getting back to him in time for his summer reading. We did have to go back into the previous Labour Government to find a number of cases; I am talking about a Government in which the hon. Gentleman was a Minister in the very Department where this was taking place. We discovered that one of the cases took place in a Labour Government after 2001.

Secondly, the details of mutual legal assistance arrangements, as the hon. Gentleman will know, are subject to strict confidentiality, because they are often about individuals involved in an investigation. However, I can help him in his “Jackanory” story: the 2014 Thailand example that he has cited is not a case where this has happened; it has not been brought to my attention. Perhaps he has raised another case, but, certainly, the two of which I am aware do not relate to that case.

Furthermore, when the hon. Gentleman comes to talk about the policy of successor Governments, he should know that, in 2011, this Government brought forward, for the first time, through the OSJA, written guidance. It was very clear in paragraph 9 that, on some occasions, there were strong reasons for not seeking assurances in such cases. The policy before 2011, including the time when the hon. Gentleman was a member of the Government, was that a Government could exchange evidence without seeking assurances on the death penalty in “exceptional circumstances”—[Interruption.] I think that the hon. Gentleman knows that his Government did do it. Certainly, he was a member of the Government when one of these cases took place.

The reality is that the two individuals in question, who are suspects and innocent until proven guilty, are charged, or effectively viewed, as having been part of very, very dangerous and heinous crimes, including torture and beheading, against many, many people, and that they are held in a place of detention, effectively in a war zone in north Syria, by non-state actors. That means that the choices are stark for any Government charged with keeping people safe and trying to deliver justice for the victims.

We are guided by the overseas security and justice assistance. The Home Secretary and the Foreign Secretary considered this guidance strongly, found that there were strong reasons and took the necessary decision that in this case we would share with the United States evidence on the condition that Guantanamo was not part of the process, but in this case we did not seek death penalty assurances.

[Sir Desmond Swayne (New Forest West) (Con)]

Some of us, and most of our constituents, are a lot less squeamish about this than the Minister and the hon. Member for Rhondda (Chris Bryant). Indeed, they take the view that these people had it coming, didn’t they?

[Mr Wallace]

What these individuals who are suspected of an offence and many others have coming is justice. We will do everything we can to work with our allies to see that justice is administered in a way that follows due process and that takes place in a court of law, where there is a separation between the judiciary and the Executive, where people have a right to defence and to make an argument, and where the rule of law prevails. That is what they and anybody else who involves themselves in that type of terrorism has coming to them, and that is what we are trying to uphold.

Serious Violence Strategy

Debate between Desmond Swayne and Ben Wallace

Tuesday 22nd May 2018 Commons Chamber

[Mr Wallace]

I note the right hon. Gentleman’s examples, but none of them—hospitals, local schools, local government—was about police numbers; they were about similar things to the things we are talking about today in the strategy and the broader response by society to tackling why violence is being embedded in communities. So it is not purely about the police numbers debate.

[Sir Desmond Swayne (New Forest West) (Con)]

I reject utterly that connection. We would have to swamp the streets with policemen; there would have to be policemen available at every violent incident for it to make that form of difference. We would be back to Cromwell saying, “If I arm one in 10 will that be enough?” Of much more significance in terms of the propensity to violence is the lack of attention to the question of young people—particularly very young people—and parenting. That is where the Government’s efforts must be directed.

[Mr Wallace]

I am grateful for my right hon. Friend’s point. It is certainly the case with any type of crime, whether violent crime, serious crime, organised crime or terrorism, that it has to be dealt with not purely by arresting our way out of the problem.

Money Laundering

Debate between Desmond Swayne and Ben Wallace

Monday 19th March 2018 Commons Chamber

[Sir Desmond Swayne (New Forest West) (Con)]

How much have we secured since the implementation of the Proceeds of Crime Act 2002?

[Mr Wallace]

My right hon. Friend asks a pertinent question. It is well over £1 billion—it is about £1.6 billion, I think, and it has increased in the last few years. We have been determined, through the use of confiscation orders and the provisions we used to improve the Act through the Criminal Finances Act 2017, to start increasing the seizure and freezing of assets, to make sure that criminals lose their ill-gotten money.