Extradition (Provisional Arrest) Bill [HL]

Debate between Lord Hope of Craighead and Lord Inglewood

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 5th March 2020 Grand Committee

[Lord Hope of Craighead (CB)]

My Lords, I cannot match the noble and learned Lord’s eloquence, except I remember that Lord Bingham used to use that phrase to describe how judges should nudge the law forward gently, step by step, rather than sit hitting sixes and fours.

I support this amendment for the reasons that have been explained. There are two features of the issue that are worth bearing in mind. First, the standard that the Government have set, which was described by the Minister, is a relatively high standard and, therefore, we are not talking about large numbers. Indeed, the Schedule itself demonstrates that we are not expected to have a great list, they will come in twos or threes at the worst, preferably ones, as the amendment seeks. Secondly, the issue of a standard is something that we would wish to debate, as the noble Lord, Lord Deben, demonstrated in his contribution. It is a great shame if we are masked, as it were, by having one good country on the list that we would not object to but which is in the kind of pairing that the noble Baroness, Lady Hamwee, mentioned, so that we cannot really grapple with the one to which we are objecting because the instrument is not amendable.

With great respect, this seems a very sensible amendment that meets the problem of the non-amendable instrument without at the same time creating an insuperable difficulty for the Government. It enables a debate to take place that would have a real point to it instead of one that really does not have a point because one part of the list—if it is a list—is unobjectionable. I very much support the amendment.

[Lord Inglewood]

My Lords, I add my general support to the proposition and arguments that have been made. When I had the good fortune to chair the ad hoc committee looking at the workings of this legislation three or four years ago, this was one issue that the committee spent a long time discussing. Our concern throughout was essentially—and, I believe, entirely properly—about injustice. We must have an extradition system that is just at its heart. If there is any risk or probability of people being extradited into circumstances in which their human rights will be abused or ignored, or in which injustice will be meted out to them, we should not be party to it.

I was particularly grateful for the remarks by the noble and learned Lord, Lord Judge. He has touched on a point that I will come to when I move my amendment later on in the proceedings. I will not say that he has stolen my thunder—he has made the point a lot better than I might have.