Extradition: Gary McKinnon

Debate between Lord Hodgson of Astley Abbotts and Baroness Neville-Jones

Thursday 16th December 2010 Lords Chamber

[Baroness Neville-Jones]

I have not had any discussions with the Americans and I cannot, without notice, answer for other members of the Government.

[Lord Hodgson of Astley Abbotts]

My Lords, I want to ask my noble friend about the timing of the Scott Baker review. Clearly, this is an increasingly urgent matter, given this and other sad cases. The latest parliamentary Answer that the Minister has given is that it will take place in late summer, which is a fairly broad date. Could we have an update on the timing? Does the Minister not share my regret that this unbalanced treaty was slipped—not passed—through by the previous Labour Government without any parliamentary scrutiny at all?

[Baroness Neville-Jones]

My Lords, I would hope that the legislature had done its proper job. As regards the review being conducted by Sir Scott Baker, he has indeed been asked to report by next summer. The reason for that is to allow him to conduct a proper review. If I might say so, there is a general feeling that some of the provisions need looking at. If they are to be looked at, they need to be looked at thoroughly. They include such matters as the breadth of the Secretary of State’s discretion; the operation of the European arrest warrant; whether we should commence the forum bar; whether the UK-US extradition treaty is unbalanced; and the whole question of whether requesting states should be required to provide prima facie evidence. This is a long and substantial list of items. I am sure the House will agree that it is right that those conducting the review should be able to do a thorough job.

EU: European Investigation Order

Debate between Lord Hodgson of Astley Abbotts and Baroness Neville-Jones

Tuesday 27th July 2010 Lords Chamber

[Lord Hodgson of Astley Abbotts]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as a patron of Fair Trials International.

[The Minister of State, Home Office (Baroness Neville-Jones)]

My Lords, the Secretary of State for the Home Department has today made a Statement in the other place to the effect that the UK has today formally indicated to the President of the European Council that the UK wishes to opt into the EIO.

[Lord Hodgson of Astley Abbotts]

My Lords, I am grateful to my noble friend for that response, but I hope she will forgive me if I ask her to recognise that many people were very disturbed by this decision. Is she aware that at present, inter alia, there is no agreed basic standard across Europe for pre-trial evidence gathering and analysis, no implementation of basic minimum procedural defence safeguards and no coherent data protection regime? As a result there is a widespread view that there is likely to be an inequality of arms between defence and prosecution, and that will cover important areas such as proportionality, extraterritoriality and double jeopardy. Given this, would it not have been better for us not to opt in, bearing in mind that we cannot opt out once we have opted in, until we saw the final shape of the document and could be certain that its contents would provide satisfactory safeguards for our civil liberties? Otherwise, are we not signing, or have we not signed, a blank cheque?

[Baroness Neville-Jones]

My Lords, I have to disagree with my noble friend. We believe that opting into the EIO is in the interests of justice. It does not transfer any jurisdiction, which is what many might have feared, and we actually believe that the system of mutual legal assistance, which is already operating, deserves to be improved by one of the main innovations that will take place as a result of the EIO—setting deadlines for the receipt of evidence that is sent from one country to another. That is one of the current defects of mutual legal assistance. In other respects, the EIO does not change the present regime.