Police Reform and Social Responsibility Bill

Debate between Ann Clwyd and Gerald Kaufman

Wednesday 30th March 2011 Commons Chamber

[Ann Clwyd]

Perhaps the hon. Gentleman is not aware of the facts. The fact that there have been 10 applications and that only two were granted means that the judges who currently implement this legislation are absolutely spot on. They do not take frivolous applications—quite the contrary: they are only too careful. They are experienced judges, not ordinary magistrates. The current system works comparatively well, and no one can point to any frivolous applications.

[Sir Gerald Kaufman (Manchester, Gorton) (Lab)]

My right hon. Friend might be aware that a document issued by the Liberal Democrats in June last year stated:

“The issue of the arrest warrant for a war crime is decided only by specialist legally qualified magistrates such as the most senior district judge at Westminster Magistrates’ Court. They are well qualified to decide whether the high threshold of evidence, liability and jurisdiction has been met and that no immunity applies…The removal of the right of public prosecution in such cases would have the effect of turning our country into a safe transit point for war criminals, torturers and those guilty of genocide from all over the world.”

[Ann Clwyd]

My right hon. Friend makes a very good point. Indeed, all the human rights organisations, including Amnesty International, Human Rights Watch, Redress and Justice are opposed to this change in the law.

In Committee, the Minister conceded:

“The problem is not that large numbers of warrants are being issued—the Government are aware of only two”.––[Official Report, Police Reform and Social Responsibility Public Bill Committee, 17 February 2011; c. 682.]

It is incredible that the Government think that that is too many, and that there should be rather fewer. The fact that two arrest warrants have been granted in 10 years should be a matter of concern, not because it is too many but because it is too few.