Extradition (Provisional Arrest) Bill [HL]

Baroness Kennedy of Cradley Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Monday 15th June 2020 Lords Chamber

[Lord Kennedy of Southwark [V]]

My Lords, Amendment 2 in my name would insert the new subsection as detailed in the Marshalled List. The amendment requires certain conditions to have been met before the Secretary of State can make a regulation under new subsection (7) to either add, remove or vary a reference to a territory. This proposal is both reasonable and proportionate and should present no problem to the Government. It should be accepted willingly today.

It is important to note that nothing in my amendment stops the Government doing what they want to do. It goes through a process; that is all—a process of consultation and assessment. Where the proposal is to add a territory, it requires a statement confirming that the territory does not abuse the Interpol red notice system. The first part of the amendment places a requirement on the Secretary of State to consult on the merits of the change. There are two groups in the consultation proposed here: first, the devolved institutions, which can be a source of valuable information relevant to changes being proposed, and, secondly, non-governmental organisations which in the opinion of the Secretary of State have a relevant interest. Discretion is given to the Secretary of State here but, equally, the Secretary of State has to act reasonably. They will not be able to get out of consulting appropriate organisations; they will get themselves into all sorts of difficulties if they attempt to do otherwise.

My amendment requires that, after the consultation, an assessment be laid before Parliament of the risks of the proposed changes and, finally, that where the proposal is to add at a territory, the territory does not abuse the Interpol red notice system. There is considerable evidence that some jurisdictions abuse that system. I hope that we would not want to deal with such countries on future extradition agreements. I know that a number of my noble friends will shortly speak specifically about abuse of the Interpol red notice system. I beg to move.

[Baroness Kennedy of Cradley (Lab) [V]]

My Lords, I support Amendment 2 in the name of my noble friend Lord Kennedy of Southwark. The amendment would put in place a process to properly consider and then stop extraditions to countries that abuse human rights. It would require consultation, a risk assessment and a statement by the Home Secretary before any new or amended treaty was agreed.

Clearly there are times when treaties need to be, or indeed should be, amended. For example, in its current state the US/UK extradition treaty does not offer confidence to British citizens that they will not be surrendered to the US, when the British justice system is both qualified and able to try relevant cases here without prejudice. I hope the Minister will agree that this is an area in need of urgent reform. When the Government make reforms of this nature, as I hope they will in this case, consultation and parliamentary scrutiny, as outlined in the amendment, are therefore critical.

The amendment would also ensure consultation with the devolved Administrations. There is a strong case for this as there will be certain powers in these Administrations relating to justice, policing and prisons that need to be considered.

Respect for human rights must be a priority consideration when changing or entering into a new treaty. The NGOs have direct experience of the countries concerned. They understand better any issues that arise from individual territories, especially regarding human rights records. They need to be consulted, which is what the amendment seeks to do. It would open up the decision-making process. Being transparent about why decisions were taken about individual countries, and allowing proper parliamentary scrutiny of those decisions, will build trust and confidence in our extradition system.

I turn to red notices. Time and again, international organisations continue to report the widespread abuse by some states of red notices for political ends—for example, to persecute human rights activists, refugees or critical journalists. This violates international standards and human rights. The Government should therefore be mindful of those countries that abuse red notices. Through the guarantees given in the amendment, the Government would signal that they recognised that red notices from countries that abuse the system have no legal value, and would show that, as a country and as a Government, we will help to protect those individuals targeted by such countries that abuse the system. I hope the Government will agree to support the amendment.

[Lord Foulkes of Cumnock [V]]

I am very happy to support this excellent amendment moved by my noble friend Lord Kennedy. I hope that if the Government do not accept it, he will press it to a Division.

The first aspect of the amendment is, as my noble friend Lady Kennedy has just spoken about, consultation with the devolved Administrations, an issue that I will come to in a moment, but also, rightly, with NGOs, as my friend also said. I had a lot of dealings with human rights NGOs and those involved with press freedom when I was general rapporteur on media freedom and the safety of journalists for the Council of Europe, and I found them very helpful for knowing up-to-date information about each country that we dealt with.

As far as the devolved Administrations are concerned, there is—with no disrespect to the noble Baroness, Lady Williams—an awful lot of talk of consultation but very little real, meaningful consultation with the devolved authorities. For example, on Covid recently, the Prime Minister talks about consulting but for a month now he has not chaired a meeting of COBRA in which the First Ministers have been involved. That is not the consultation that could be taking place, so we have to write it into legislation. The Joint Ministerial Councils, which ought to be working, are not working effectively, while the European arrest warrant was abandoned by this Government in spite of objections from the Scottish Government and other devolved Administrations. Consultation must be written into this.

The second reason I strongly support my noble friend Lord Kennedy’s amendment relates to the red notice system. I want to mention the terribly tragic death of Harry Dunn at the age of 19, with his whole adult life ahead of him, in a hit-and-run accident. It was really terrible. The driver of the car, Anne Sacoolas, an American citizen, the wife of a diplomat, escaped justice by fleeing from the UK back to America. That was disgraceful. Her diplomatic immunity itself was very doubtful. Can the Minister confirm that an Interpol red notice has been issued in relation to Ms Sacoolas? I think the Prime Minister has said that she should return, but what are the Government doing to insist on that and take action?

For those two reasons, I strongly support the amendment. As I say, I hope my noble friend will take real courage in his hands and call a Division on this matter if the Government refuse to accept his very strong and persuasive arguments.