Extradition

Debate between Caroline Lucas and Chris Bryant

Thursday 24th November 2011 Westminster Hall

[Caroline Lucas (Brighton, Pavilion) (Green)]

Let me add my congratulations to the hon. Member for Esher and Walton (Mr Raab) on securing this important debate.

I am grateful to other hon. Members who have made a strong case for the radical reform of the UK’s extradition treaties by citing the powerful case studies of Deborah Dark and Gary McKinnon and far too many others. Like other hon. Members, I want to use the opportunity of today’s debate to raise the case of Babar Ahmad. As other hon. Members have said, Babar Ahmad, a British citizen, has been detained in the UK for seven years without charge or trial. He is fighting extradition to the USA under the Extradition Act 2003, which, incredibly, does not require the presentation of any prima facie evidence.

Babar is not alone in his ordeal. The poet, Talha Ahsan, is another UK citizen who has also been held—his case is related to Babar’s—without charge and without trial under our shocking extradition arrangements. He is now entering his sixth year of imprisonment. I pay tribute to the courage and bravery of Babar and Talha’s families in fighting for justice for their sons. Before I go on, I want to join others in paying tribute to Babar and Talha’s MP, the right hon. Member for Tooting (Sadiq Khan). He is here today, but, as a member of the shadow Cabinet, he is not permitted to contribute to this Back-Bench debate. As we know, he stands firmly by both Babar and Talha and their families and has done so since their ordeals began.

As hon. Members know, in June this year, the Joint Committee on Human Rights urged the Government to change the law, so that Babar Ahmad’s perpetual threat of extradition was ended without further delay. Since all the allegations against Babar Ahmad are said to have taken place in Britain, Babar’s father has started an e-petition to call on the Government to put him on trial in the UK and support British justice for British citizens. As hon. Members will know, over 140,000 people supported that e-petition and, although today’s debate is welcome, it is not enough.

There are three key reasons why we need a full debate on a votable motion in the main Chamber. First, I am grateful to the hon. Member for Battersea (Jane Ellison), who is no longer in her place. She sits on the Backbench Business Committee, and gave an assurance that it would look again at the possibility of holding a full debate in the main Chamber. That is important because of the level of grass-roots support for the e-petition on Babar Ahmad. The campaign had no formal organisation; there were no big newspapers behind it and it was basically an outflowing of grass-roots outrage that saw the families involved going from door to door in south London, out in the cold and the rain, standing outside supermarkets, churches and mosques, and making videos of each other signing the petition—many of those videos were posted on YouTube. It was an example of democracy in action.

The petition gained astounding support in such a short time because this is a shocking human rights case. People are rightly appalled at the simple but extraordinary fact highlighted in the petition: a British citizen is being held, without charge and without trial, in a maximum security prison, and that has gone on for over seven years. I have long lobbied for the closure of Guantanamo Bay, and as we approach the 10th anniversary of its existence, the cases of Babar and Talha remind us that one of the most fearful things about it—people being held without charge and without trial—is happening on UK soil at the behest of the US.

I appreciate that the Backbench Business Committee may find it difficult to devote parliamentary time to every petition that passes the threshold of 100,000 signatures, but this was a genuine grass-roots campaign. If we do not have a full debate in the Commons, we risk alienating the more than 140,000 people who signed the e-petition following efforts by the families involved. Those families want a debate on a votable motion in the main Chamber, as do the campaign’s many supporters. Officially, of course, all parliamentary Chambers are of equal standing, but in the eyes of the general public there is a difference between Westminster Hall and the main Chamber of the House of Commons. Critically, that difference comes down to whether there will be a vote and, quite rightly, Babar Ahmad’s supporters want to see their MPs take a stand on the issue.

Secondly, Babar’s family have been deeply moved that, in the midst of a recession, more people have expressed their concern to Parliament about a British citizen being detained for over seven years without charge or trial, than have shown their anger about rising fuel prices. We will send a negative message to all those who have engaged with the e-petition process if we do not take the matter forward with a debate in the main Chamber.

One of our strongest tools for combating the threat of terrorism is vigorously to protect justice, democracy and human rights. Every time we undermine the values that we purport to protect, with legislation such as the Extradition Act 2003, we run the risk of adding to the sense of alienation that we know is felt by many of our young people. Over 140,000 people have told Parliament that they want MPs to engage more with such issues.

The third reason for having a debate on the Floor of a House and a vote is that we urgently need to change the law. The detention without trial of Babar and Talha undermines our democracy.

[Chris Bryant]

Will the hon. Lady be clear about what she wants the vote to be on?

[Caroline Lucas]

I would be happy to take advice from other hon. Members on that, but a vote should consider the design of this country’s extradition treaty, so that it is not imbalanced, as it currently seems to be. I would like such a vote to refer directly to Babar but I understand why others may not. This is a point of general principle, illustrated clearly by the case of Babar Ahmad.

Members have heard the circumstances of Babar Ahmad’s arrest in 2003, and the fact that he sustained at least 73 injuries, all later documented by police and independent doctors. He filed a formal complaint, stating that he had been subjected to horrific physical, sexual and religious abuse by the arresting police officers. In March 2009, the Metropolitan police force finally admitted liability in the royal courts of justice in London and said that it had carried out the assault on Babar Ahmad in December 2003. The then Metropolitan Police Commissioner, Sir Paul Stephenson, admitted that Babar had been the victim of a

“serious, gratuitous and prolonged attack.”

In March 2009, Babar was awarded £60,000 compensation by the High Court. He is now, however, in his eighth year at a top-security prison, even though he has been found to have no case to answer in this country. The US has alleged that Babar was running a website that solicited funds for terrorist organisations, including al-Qaeda and Chechen rebels. That is a serious accusation, and there should, of course, be a trial. Babar and his family desperately want the case to stand trial but wish that to take place in the UK, not in the US, so that he can clear his name. That is partly because Babar is a British citizen and accused of having committed crimes in the UK, and partly because going to the US would separate him from his family, friends and legal representatives, and seriously undermine his ability to mount a strong defence.

Babar’s lawyers point out that other comparable prosecutions are proceeding in the UK. Nevertheless, in July 2004 and December 2006, the Crown Prosecution Service declared—as did the Attorney-General, Lord Goldsmith, in September 2006—that there was “insufficient evidence” to charge Babar Ahmad with any criminal offence under UK law, and that he should be extradited to the US. Last night, in a shocking turn of events, Babar’s lawyers received a letter from the CPS, which admitted for the first time that it was never given the evidence that was sent to the US, apart from “a few documents.” The bulk of the evidence was shipped straight to the US by the police. Astoundingly, although we had previously been led to believe that the CPS had viewed all the evidence and judged it insufficient to bring the case to trial in the UK, we now have a confession that it had not even seen all the evidence, let alone investigated it properly. A proper decision has not been made on whether a prosecution can go ahead in the UK.

After talking to the lawyers involved, I understand that the CPS knew all along that it had not been given all the evidence. However, it let Babar Ahmad languish in a maximum security prison with the threat of extradition to the US, under the false belief that the CPS had seen all the evidence against him. If that is the case, it is appalling and raises serious questions about why evidence that should have been given to the CPS was not produced, and why Babar was not told about it. Who directed and authorised that circumvention of the CPS, apparently in deference to and at the behest of the US?

The issue is simple: either there is evidence or there is not. If there is evidence, a prosecution should go ahead in the UK. The CPS must immediately obtain a copy of all the evidence, which was gathered in the UK by UK authorities, and it must then review that evidence together with its decision on whether to prosecute in the UK. Given the new revelation from the CPS, it seems—appallingly—that UK authorities deferred to the US, thereby subverting the process that should have been followed and denying Babar Ahmad a trial in this country. Because of the seriousness of the case, it is appropriate to call today for a full public inquiry into what has gone on.

On 10 June 2007, the European Court of Human Rights ordered the UK Government to freeze Babar Ahmad’s extradition until it had fully determined his final appeal. The European Court has declared that Babar’s application is partially admissible and now awaits further observations from the UK Government on the life sentence without parole, in solitary confinement in a supermax prison, that Babar faces if extradited to the United States. The final decision is expected before the end of the year.

It is astonishing that the previous Government passed an Act that does not require the presentation of any prima facie evidence by the US when they wish to extradite a UK citizen. That must be changed urgently, and the way to start such a process is by holding a debate in the main Chamber and having a vote as soon as possible.

In addition to enormous public support, this case also has cross-party backing, together with the support of the Joint Committee on Human Rights, the Home Affairs Committee, and 100 senior barristers and solicitors who wrote to the Leader of the House this week, requesting that the matter be properly debated in the main Chamber of the House of Commons. Today’s revelations by the CPS make the case for a full debate with a vote even more urgent, and I hope that the Government will look favourably at the issue.

Procedure Committee Reports

Debate between Caroline Lucas and Chris Bryant

Thursday 13th October 2011 Commons Chamber

[Caroline Lucas]

I completely agree. The hon. Lady’s comments underline the fact that the proposal is not as complicated as rocket science; rather, it is an extension of the common-sense measures that are already in place.

[Chris Bryant]

I must have been reading different explanatory notes than the hon. Member for East Dunbartonshire (Jo Swinson) as I have never known them to explain anything. I fear that explanatory notes on amendments would be even worse, and I note that the report states:

“An explanatory statement is not required where the amendment is self-explanatory”.

[Caroline Lucas]

The hon. Gentleman can try to make fun of this proposal if he wants, but in the European Parliament it is mandatory to have an explanatory statement and it is incredibly useful. If it is condensed down to about 50 or 100 words and explains what a measure is intended to achieve, an awful lot more people will have an awful lot more sense of what is going on. If the hon. Gentleman wants to stand up and say he thinks it is absolutely fine that so many Members do not know what they are voting for, that is up to him, but I am not happy about that.

--- Later in debate ---

[Chris Bryant]

If the hon. Gentleman does not mind, I will not give way, because others want to get on to the next debate.

I have this picture in my mind of the Speaker going over to an hon. Member and demanding to see their last tweet or this place setting up “Oftwit” to ensure that Members are behaving properly. The hon. Member for North Wiltshire has only to listen toour constituents to find out what they are moreinterested in.

Members have said how inappropriate it would be if facts were brought to bear in debate, but that is what the officials Box is there for. [Interruption.] I see them smiling. Perhaps we should abolish the officials Box, so that Ministers have to rely on their own wit and intelligence. Would it not also be good if “Erskine May” was available online so that people could refer to it in the Chamber instead of having to buy a copy for several hundred pounds?

I want to respond to a couple of points that the hon. Member for Brighton, Pavilion (Caroline Lucas) made. She is absolutely sincere in wanting to make our business more intelligible to people. However, I would like to know how explanatory notes to amendments would stand legally if an amendment were carried. There is a danger in proceeding down that route. In addition, I would have thought that the whole point of a debate on an amendment was to decide what it meant and what it did; just accepting at face value what the hon. Member who tabled it had said would not assist.

[Caroline Lucas]

rose—

[Chris Bryant]

I shall not give way, because I want to be circumspect.

Finally, I look forward to the day when we have on Twitter @RogerGaleMP—and, for that matter, @15thcenturyMP, or perhaps he would be called @JacobReesMoggMP. I should also point out to the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), who is not in his place, that one of his constituents has begged me on Twitter this afternoon to ask him to reinstate his Twitter account so that his constituents can get in touch with him better.

Parliamentary Reform

Debate between Caroline Lucas and Chris Bryant

Thursday 3rd February 2011 Westminster Hall

[Mr David Hanson (Delyn) (Lab)]

I support the hon. Lady. Such a reform would also help with the House’s family-friendly policies. I make no complaint about that. I have not seen my seven-year-old son since Sunday night, and I will not see him until I get back at 9 o’clock tonight. I do not always want to stay on Fridays, not only because of constituency duties but because it is the only day of the week when I can take my son to school. My constituency is 225 miles away. The opportunity for a deferred vote on a private Member’s Bill on a mid-week day or consideration on another day would be ideal for both purposes.

[Chris Bryant (Rhondda) (Lab)]

The hon. Lady has unanimous support.

[Caroline Lucas]

I shall proceed while I am on a roll. Another issue, albeit small, is the adoption of more accessible language, which would increase the transparency of this place and give some indication that we want people to understand what we are doing. All too often it looks as though we are deliberately mystifying what we do here to create the illusion that it is even more special than it is. There is a strong case for a systematic overhaul of the language to make it more self-explanatory. If the language of the Commons was made easier to understand, more people, especially younger people, would be more attracted to politics. MPs should be able to use each other’s names. We should drop phrases that, to the public, look at best like arcane jargon but at worst make Parliament seem inaccessible, distant and remote. Why should MPs not refer to each other in debate as Mrs Smith or John Jones? That would make proceedings more intelligible without reducing the necessary formality and without changing the practice of speaking through the Chair. A methodical overhaul of the language of the procedures and offices of the House based on the principle that it should be self-explanatory and easily understandable for the public should not be beyond something on which we can all agree.

In conclusion, we will all have many ideas about how we can improve the way in which this House works. The early-day motion to which this debate has been tagged is suggesting not specific changes but the idea that there should be some mechanism whereby a range of different ideas can be discussed and taken forward. I recognise that the Procedure Committee is doing excellent work, but it is already stressed in terms of its capacity to take on some of the very big issues that it is dealing with, such as sitting hours.

I hope that I have demonstrated not just my own wish list but also that other Members have ideas that need to be considered. I am passionate about the subject; Parliament has to become more effective so that it can better serve the nation. It cannot continue to be seen to waste taxpayers’ money and MPs’ time on antique processes that are not fit for purpose. Even where there is disagreement on the details, I hope that hon. Members will accept that my underlying concern is that much more can be done so that MPs are more efficient and more easily understood. Given that, we have a duty to be more effective about the way in which we work.

During the past couple of years, the public have heard a lot of warm words about a new politics. In the wake of the expenses scandal, hon. Members will recall the words of the right hon. Member for Witney (Mr Cameron) before he became Prime Minister. He said that

“this political crisis shows that big change is required. We do need a new politics in this country. We do need sweeping reform.”

Last year, the Deputy Prime Minister told the House:

“Every Member of this House was elected knowing that this Parliament must be unlike any other—that we have a unique duty to restore the trust in our political system that has been tested to its limits in recent times.”—[Official Report, 5 July 2010; Vol. 513, c. 23.]

In 2009, we heard similar things from senior Labour figures. The right hon. Member for Doncaster North (Edward Miliband), now Leader of the Opposition, said:

“Out of a set of terrible issues, this is a moment for big reform and government must take advantage of it. We need a more pluralistic political system where power is shared in different ways.”

The former shadow Chancellor, the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), was right when he said with characteristic colour:

“The current public mood of anger and disquiet... demands a response. We need to overhaul the engine, not just clean the upholstery.”

I hope that my points this afternoon are not simply seen as “cleaning the upholstery.” The upholstery needs cleaning; we can make the way in which we work more efficient, but there are other more fundamental issues about how we hold the power of the Executive to account. I know that several other hon. Members will raise those issues as well, and I look forward to the debate.

Fixed-term Parliaments Bill

Debate between Caroline Lucas and Chris Bryant

Wednesday 24th November 2010 Commons Chamber

[Chris Bryant]

I am grateful for my hon. Friend’s support. He is absolutely right. However, I must confess to the Committee that Prime Ministers rarely said that to me personally, because I was too ludicrously loyal. Almost before the Prime Minister had even thought that a vote might be difficult, I had already decided I would be supportive. In fact, I rarely got to see the Prime Minister for that very reason. I would therefore advise Government Members that if they want to see the Prime Minister on a regular basis, they should start wondering whether they will support Government provisions. However, the serious point is that the freedom of individual Back Benchers will be tethered, because they will constantly be persuaded by the argument, “You don’t want a general election, do you? You must support this piece of legislation, because otherwise I’m going to call it a motion of no confidence.”

The second reason touches on an important element, on which the Minister got into difficult waters—I know that he does not think that he did, but others of us do, and I think that the courts will feel that too. He said that it would be for the Speaker to decide and to announce before any debate what counts as a motion of confidence or, presumably, a motion of no confidence. A minor point is whether a motion of confidence will count as a motion of no confidence if it is not carried. In the past it has, but I am not sure whether the Government intend that.

It would be wholly inappropriate for the Chair to say at the beginning of, for example, a Budget debate that if the House does not carry the Budget and if the Finance Bill falls on Second Reading or Third Reading that would be a motion of confidence in the Government, so he would issue a certificate. The Minister was sighing but is now smiling, and we prefer the smiling. I accept that in that example I am imagining what might happen, but I am more concerned what would happen if hon. Members chose to ask the Speaker whether a motion of censure counted as a motion of confidence. As I understand it, the Minister is saying that the Speaker would be required to adjudicate on whether it was a motion of no confidence. That would be wholly inappropriate, particularly at a time of political uncertainty and high drama, because the Speaker would lose his or her impartiality and be drawn into the political mêlée, and that would be wrong.

Amendment 5 would remove the two-week provision for a new Government to be formed on the basis of a confidence motion. We may have to return to some of these issues on Report, and I would be grateful if the Minister will clarify whether, if that second motion fell, there could then be a subsequent two weeks. We quite like the provision for two weeks—it seems sensible if an alternative coalition or Government could be formed. I see some hon. Members casting a wry glance as though I am eyeing up the Liberal Democrats. We are not getting on very well with the Liberal Democrats at the moment, so I do not think he needs to worry about that, but obviously if the offer is on the table, we will take it.

Amendment 22 is a minor one, and I would be interested in the Government’s view. The clause refers to the provision of 14 days being allowed after a motion of no confidence. We have suggested that it should be 10 working days simply because all other references in the Bill are to working days. I suppose it is possible that the period could coincide with a royal wedding, a day of thanksgiving, a bank holiday, Easter or Christmas, and it would seem to be sensible to specify working days instead of days.

However, we have not moved to the suggestion in other Committees of 10 sitting days, because if the House were adjourned, there would be a specific problem. I hope that the Minister will say what he thinks should happen if the House had been adjourned for a recess—for example, the day after a motion of no confidence. Should there be a requirement for the Government to bring the House back, and should there be a specific provision for the Speaker to be able to require the House to be recalled within the two weeks? We will come to Prorogation later.

[Caroline Lucas (Brighton, Pavilion) (Green)]

On a point of order, Mr Amess. Have you have received any indication from the Home Secretary that she might be coming to the House tonight to make a statement on whether she believes that police tactics outside the House are proportionate? Many hundreds of students and schoolchildren have been kettled for more than four hours and, according to the police, will be out there for several more hours in the freezing cold. Whatever one thinks about the student protest, holding people against their will for no reason is neither proportionate nor effective.