Extradition (Provisional Arrest) Bill [HL]

Baroness Jones of Moulsecoomb Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 4th February 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I have very much enjoyed the contributions to this debate—particularly the ones that I agreed with, obviously. I do not have the legal knowledge that so many of the noble and learned Lords in this House do; on the other hand, I have quite a lot of common sense, and I can spot something that is a complete nonsense.

Noble Lords have called this measure modest; well, it is so modest that it is almost invisible. The biggest question facing the Bill is why we even need it. The size of the problem that we are seeking to resolve—the seriousness of the threat—has still not really been fully explained to us. The Minister might explain in exactly how many cases the police and other authorities have failed to lawfully detain a suspect as a result of the current legal requirement to obtain an arrest warrant. Put simply, how many people have got away? We have heard about two cases from the Minister and both of them involved paedophilia offences, which of course are a red flag. I would like to know exactly how many people have escaped.

The Home Office explains in its analysis in the published full economic impact:

“The policy is expected to result in 6 individuals entering the CJS more quickly than would otherwise have been the case.”


Is it correct that the Home Office is saying that only six people a year will be arrested under the powers in the Bill? Even then, it is only a question of that happening more quickly regarding these six people who would otherwise have escaped. If that is the case, is the size of the problem really so substantial that the Bill is necessary or even a worthwhile use of precious legislative time when so many other much more important Bills are coming to us in this House? I would like to know just how serious the threat is. It would also be good to have some idea of the threats that offenders have posed under the current system which would be fixed by this power to arrest six individuals.

The threat has to be real and significant if we are expected to remove the judicial process of granting an arrest warrant. However, at the same time, the Government cannot perceive the threat to be too great because they have chosen to limit this arrest power to extraditions to only a handful of countries. If a dangerous criminal is wanted in America or Australia, then they will be arrested without a warrant. However, the same dangerous criminal could, according to the Government, escape as long as they are wanted in countries that we do not consider trustworthy.

In this debate, some noble Lords have suggested that this is a sort of backstop to the European arrest warrant. If that is so, the Government ought to be open about this. We should know exactly why they want to introduce it. That would certainly make a lot more sense than this forecast of six people. We cannot have a Government asking for powers without being honest about what they are for. The Bill poses an ineffective solution to a tiny, or even imaginary, problem. There is absolutely no justification for removing the arrest warrant process and, if there were, it would be applied to a much longer list of countries. I suggest that the Government drop this Bill, do not bring it back for any further stages and stop wasting our time.

--- Later in debate ---

[Baroness Williams of Trafford]

I am clarifying why that is not the case but if I am not clear, I will write in further detail to noble Lords before Committee. I am aware that time is pressing and I have a few more points to cover.

The noble and learned Baroness, Lady Clark, mentioned the lack of judicial scrutiny. That will come after the 24-hour period through the courts.

The noble Lord, Lord Anderson, talked about abuse of Interpol channels. International organisations such as Interpol are critical to our vision of a global Britain and international law enforcement co-operation beyond the EU. Interpol provides a secure channel through which we exchange information on a police-to-police basis for action. The UK continues to work with Interpol to ensure that its rules are robust. The former chief constable of Essex was recently made the executive director of policing services for Interpol—the most senior operational role in that organisation. Also, a UK Government lawyer was seconded to the Interpol legal service to work with it to ensure that Interpol rules are properly robust and adhered to by Interpol member states. I know the issue to which the noble Lord refers, but I hope that this gives him some comfort.

[Baroness Jones of Moulsecoomb]

My question is crucial to my understanding of the Bill. If it not a replacement for the European arrest warrant, can the Minister confirm that the Government will not add the list of EU countries to the list we have already?

[Baroness Williams of Trafford]

I said that it is not a replacement for the EAW, but of course the Government can make that request of Parliament. I was going to come to that point a bit later; in fact, no, I think I answered it. The Government can request Parliament, through the affirmative procedure, to add countries.