General Matters

Baroness Hoey Excerpts

Tuesday 18th September 2012 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

It is a pleasure to follow my hon. Friend the Member for Congleton (Fiona Bruce). I join her in hoping that we can rely on the assurances given during the passage of the Bill on Sunday trading.

Following the theme of relying on assurances and promises given, I want to talk about my constituent Gary McKinnon. I welcome the Deputy Leader of the House, who will respond to the debate. He is in a good position to do so, having been on the picket line, in effect, to protest about the treatment of Gary McKinnon. Earlier this year, he tweeted:

“DC must intervene on medical grounds to stop extradition proceedings.”

I could not put it better myself, and I hope that his response will echo that statement. In making it, he is in good company. The Prime Minister, the Deputy Prime Minister, the Justice Secretary, the Attorney-General and the Minister for Policing and Criminal Justice have all stood shoulder to shoulder with others in the House, and others who have not been able to come here today, who stand alongside Gary McKinnon and the many campaigners on his behalf.

This could be, and I hope that it is, the last debate that we need to have on Gary McKinnon before a decision is finally made. The Prime Minister has said:

“Gary McKinnon is a vulnerable young man and I see no compassion in sending him thousands of miles away from his home and loved ones to face trial.”

In 2009, the Deputy Prime Minister said:

“It is certainly wrong to send a vulnerable young man to his fate in the United States when he could and should be tried here instead. It is simply a matter of doing the right thing.”

He went on to say:

“Government Ministers have let this sorry saga drag on for seven years, heaping misery on Mr McKinnon, his family and his supporters.”

We are now 10 years into the sorry saga, with misery still heaped on Mr McKinnon, his family and his supporters. The Deputy Prime Minister also said in 2009:

“It would be fair and it would be right to try Mr McKinnon in Britain. But the clock is ticking. The Prime Minister just needs to pick up the phone to make this prosecution happen, I urge him to do so, before it is too late.”

The Attorney-General asked the Conservative party conference:

“Can someone tell me how counter-terrorism will be served by extraditing Gary McKinnon to the United States for hacking into Government computers in search of UFOs?”

The new Justice Secretary has said:

“I hope the House of Commons will send a message to the Government that really this is not what the extradition system is supposed to do. These new rules were set up for very serious offences, for terror offences. I don’t believe Parliament ever intended them to be used to extradite somebody with autism issues to face a charge like this.”

[Kate Hoey (Vauxhall) (Lab)]

I pay tribute to the hon. Gentleman’s dedication over a long period in sticking up for his constituent, and I join him in what he is saying. Does he agree that it beggars belief that this has taken so long and we still do not have a decision? Does he agree that millions of people—the vast majority throughout the United Kingdom—want this case to end in justice for Gary McKinnon and his family and to put an end, once and for all, to the ridiculous idea that he should be sent to the United States?

[Mr Burrowes]

I pay tribute to the hon. Lady, who has been very much an hon. Friend in the campaign over many years. Indeed, 10 years is an extraordinary time for someone to have his life hanging by a thread. Countless people are alongside my constituent and this must end—it must happen.

I wanted to bring the debate to the House because after today we are not sitting for a while and this is the time when we must reflect on why a decision has not been made, promises have not yet been kept and justice has not yet been delivered for Gary McKinnon. I have initiated a number of debates and been involved in others on extradition arrangements but specifically on Gary McKinnon, my constituent. Sometimes we forget and need to be briefly reminded of the chronology.

In March 2002, Gary McKinnon was arrested in his north London flat for allegedly hacking into NASA and Pentagon computers from his bedroom, where he was searching for UFOs and free energy. For 10 years, this young man with Asperger’s has been living every day, every hour and every minute in a very dark tunnel around his autism, and no light has come in, and living under the constant threat of extradition. However, in May 2010 the then Home Secretary stepped in to halt the extradition process, saying that we needed to review and consider medical evidence. I commend her very much for taking that step. In October 2010, the Prime Minister announced that the decision would be given in a matter of weeks, not months, but we are still here, waiting.

In November 2010, the Home Office requested further medical reports. As time has gone by, medical reports and assessments by the very top experts in the field of autism and Asperger’s have taken place. The case for keeping Gary McKinnon here has not got weaker; it has got stronger.

New evidence has been submitted to the Home Office from Professor Murphy in particular, and from Dr Vermeulen, Professor Jeremy Turk and Professor Baron-Cohen. All have concluded that Gary McKinnon is an extreme suicide risk. In April this year, Dr Vermeulen said that Gary McKinnon was unfit for trial and an extreme suicide risk. Professor Jeremy Turk said in his 2012 report:

“In my professional expert opinion I continue to believe that Mr McKinnon can and will commit suicide rather than be extradited to the United States… Mr McKinnon continues to be in one of the most fragile of mental states imaginable and the reality of his mental distress and of the grave threat to his life continues to be very real.”

Based on his face-to-face assessment of Gary McKinnon in April this year, Professor Baron-Cohen said:

“In my opinion, Gary’s diagnosis of Asperger Syndrome remains very clear, and he is at very high suicide risk. He has an autistic unshakeable belief that… his only logical solution to avoid this outcome”—

extradition—

“is suicide.”

The position is that we have had three 2012 face-to-face assessments. My constituent has always agreed to be assessed by any experts in the field of autism and Asperger’s. The problem we have had in recent months is that the Home Office has insisted on the involvement of another expert, Professor Fahy—no doubt an eminent expert, but not an expert specifically in the field of autism. We therefore need to bear in mind the words of Professor Jeremy Turk, who has overseen the care of Gary McKinnon, pretty much throughout. Professor Turk is an expert in Asperger’s and he said:

“I am happy to go on record as believing that Gary has had an incredible number of most scholarly and expert opinions which are striking in their agreement and consensus regarding his having Asperger Syndrome, and a major and life-threatening depressive disorder. I see no indications, nor any utility, in exposing him to further evaluations, his single major need now being clarity regarding his status in relation to the spectre of extradition that continues to hang over him like A Sword of Damocles.”

We want to remove that sword from over his head. We say, on the last day before parliamentary recess, that that decision needs to be made now.

The Gary McKinnon case has highlighted serious flaws in extradition arrangements. There have been debates, a resolution of the House relating to a review, and changes to arrangements, but at the end of the day—this is the point of my speech—I concur with what the Deputy Prime Minister said:

“Yet this case is about more than legal technicalities and political treaties. It is about compassion”.

It is about an individual who is living a nightmare. He is not just a case, or someone who is part of a campaign; he is an individual—a son and a partner—whose life has been on hold for the past 10 years. I want the House to hear the words of his indefatigable campaigning mother. Her son is, in some respects, like a child. We know from the expert opinion that Professor Simon Baron-Cohen gave in 2008 that Gary McKinnon’s

“emotional age or social intelligence is at the level of a child”.

His mother says:

“He hasn’t raped anyone, he hasn’t murdered anyone, so can’t understand how this can be happening to him, as no matter how much anyone may choose to exaggerate his crime, the fact is that his crime was tapping on a keyboard in his bedroom in north London in search of information on aliens from outer space. Gary rarely ever leaves his home as he is traumatised to the core. A boy who cycled, swam, composed music and sang, now sits in the dark with his cats and never wants to see or speak to anyone.

He has no life, and is broken, like a wounded animal with no outlet and no hope, seeing only the dark side and the cruelty that exists in the world.

My only child has lost 10 years of his youth and has aged and died before my eyes.”

Perhaps people will say that a decision to keep Gary McKinnon here would set a precedent. Perhaps the Home Office says that it would set a precedent for terrorists facing extradition. Let us consider other cases. Hacker Ryan Cleary admitted hacking into the Pentagon, NASA and the US air force. Aaron Caffrey hacked into US security systems and brought the port of Houston to a halt immediately after 9/11. Like Gary McKinnon, both were accused of hacking; like him, both have autism and Asperger’s syndrome; but unlike him, both have been tried in the United Kingdom.

Let us consider the cases of Róisín McAliskey and Shawn Sullivan. Like Gary McKinnon, they face extradition to the United States; unlike him, they face extremely serious charges of terrorism and paedophilia, and unlike him, they have had extradition requests refused. The only precedent being set by Gary McKinnon is that of facing the threat of extradition for 10 years, living in conditions not far short of house arrest. It is more like what would happen to someone living in Burma than Britain. It would be unprecedented to extradite him in the face of such compelling medical evidence. It would be totally disproportionate when he could be tried in this country.

In conclusion, I ask the Deputy Leader of the House to explain or find out—or, as is the convention, get a full Home Office response on—why a decision has not been made, given that two weeks have elapsed since the Olympics. We heard that the Home Secretary was overburdened and was, quite properly, focusing on the Olympics, but two weeks have gone by. The court set a deadline of 16 October, but can the Deputy Leader of the House assure us that the time scale for a decision is not affected by the parliamentary or party conference timetable, bearing in mind that Gary McKinnon’s life is hanging by a thread? If the decision cannot be made today, why not make it tomorrow? When a decision is made, will he ensure that the statement is made in the House?

Now is the time to decide. There is compelling medical evidence that provides a basis for a decision not to extradite Gary McKinnon, and to deliver justice and keep our promises to him. The final word goes to his mother, and I agree with what she says:

“Our government’s first duty is to protect British citizens, including our most vulnerable.”

There follow words to the Home Secretary:

“Please have the strength to do what is right and to give my son”,

and my constituent,

“his life back.”