Extradition (Provisional Arrest) Bill [Lords]

Conor McGinn Excerpts

2nd reading & Programme motion: House of Commons & 2nd reading: House of Commons & Programme motion
Monday 22nd June 2020 Commons Chamber

[Conor McGinn (St Helens North) (Lab)]

It is a pleasure to close this debate for the Opposition with you in the Chair, Madam Deputy Speaker, and to follow my good friend, the hon. Member for Strangford (Jim Shannon).

This has been an insightful and productive—albeit brief—exchange on a Bill that is short and technical, but which contains important new provisions on very important matters. As the shadow Home Secretary said, the Opposition are committed to keeping the British people safe, and that includes making sure that serious criminals who make their way into our country or commit offences in other countries cannot rest easy, freely walk our streets or evade the law’s full force, and we fully endorse the UK working within an international framework to ensure that. That is why we broadly support the Bill and will not seek to divide the House this evening. We hope to work genuinely with the Government and Members from all parts of the House to improve the Bill as it progresses.

As has been said, the Bill aims to fill a gap that currently exists for UK law enforcement and allows a police constable, customs officer or service policeman to arrest without warrant a suspect wanted for serious offences in certain countries upon the basis of a certified extradition request, typically an Interpol red alert. As the hon. Member for North West Durham (Mr Holden) said, many encounters with such suspects take place by chance or due to other infractions, so it is good that the power will exist to deal immediately with other more serious issues on the basis of an extradition request. As such, the Bill will enable a similar process to that currently in place with the European arrest warrant for countries external to that mechanism, but with which the United Kingdom has formal extradition arrangements.

We understand the need for this change to expedite the proceedings through which suspects enter the criminal justice system, so we broadly support the Bill’s ambitions. It is of critical importance that we ensure that serious criminals—let us not forget that in some cases, they are wanted abroad for the most heinous crimes—are arrested and swiftly brought to justice before the opportunity arises for them to reoffend or to abscond. In carrying out our overriding priority to keep the British public safe, we fully accept that, in a world where criminals increasingly respect no national borders or boundaries, we must work to achieve that in collaboration with our international partners and their criminal justice systems.

As the Government take the legislation forward, we will press them to ensure that reasonable and proportionate safeguards, such as those won in the other place, are addressed. While we agree with legislating on the basis of those currently specified as trusted partners in the Bill, we should not and must not leave the door open for any future addition of countries that shamefully fail to uphold human rights and liberties or that frequently abuse the Interpol red alert system for nefarious ends by targeting political opponents, journalists, peaceful protesters, refugees, human rights defenders or people on the basis, as the hon. Member for Strangford said, of their religious faith.

I welcome the specific mention by the Minister of the role of the National Crime Agency in helping to adjudicate. We believe it requires a thorough process of consultation and assessment before a territory is added, varied or removed. Issues such as the use of the death penalty should be a factor in the decisions we make. Consultation —first with the devolved Administrations, who can bring valuable expertise and so often have powers relating to justice and, secondly, with relevant non-governmental organisations and experts—is at the heart of the amendment made in the other place. There should then be an assessment made on the risks of the proposed changes and, where the proposal is to add a territory, on the basis of evidence and judgment.

We also believe it sensible to ensure that key criteria are met for grouping countries, where more than one country is specified at any one time, allowing for proper parliamentary oversight of any territory taken on the merit of its respective case. It is for the Government to provide those assurances, otherwise we see no other way to add countries but individually.

We believe those to be reasonable, proportionate and practical suggestions that will improve the quality of the Bill, as well as any prospective changes to it in the future. That is why we urge the Government to engage with us on the changes as the Bill proceeds.

There are, however, several critical points that the Bill does not address, including the Government’s woeful lack of progress on future security and criminal justice arrangements with the European Union. Any loss of capability, regardless of whether it is mutual, would have a disastrous implication for UK law enforcement’s ability to identify and question suspected criminals and thus keep our country and its citizens safe.

Specifically on extradition, for example, we know that the UK and EU falling back on to prior arrangements —specifically the 1957 Council of Europe convention on extradition—would add delay, complexity and difficulty to proceedings.

That is not my assessment but that of the previous Conservative Government and the right hon. Member for Maidenhead (Mrs May), the former Prime Minister and Home Secretary. Time and time again, the Government say they are optimistic that a full and comprehensive arrangement can be agreed before the transition period ends on 31 December, but frankly time is running out. We and the men and women who work every day in our law enforcement agencies need to see progress on this. Although I entirely accept, too, that the Bill relates solely to powers conferred on UK law enforcement, we need to understand what exactly the Government are doing to ensure adequate reciprocity in future extradition arrangements, particularly if we lose the powers we currently enjoy under the European arrest warrant and other such mechanisms—a point made forcefully by the hon. Member for St Albans (Daisy Cooper).

Legal experts with specialisms in extradition have been clear that the loss of the European arrest warrant is of far greater concern than the current capability gap addressed by the Bill. Although the measures in the Bill are welcome, the countries it identifies represent only a tiny proportion of those subject to a European arrest warrant request in recent years. The assumption is that the provisions in the Bill could be applied to EU countries in due course, but the Government seem a little confused on that point. In the explanatory notes to the Bill they suggest that they would do precisely that through statutory instruments, but the Minister in the other place said the Bill was not an attempt to replicate the capability of the European arrest warrant. Will the Solicitor General clarify what exactly the Government’s approach to this is? It simply cannot be the case for our country going forward that we are unable to bring to justice criminals wanted for serious offences here in the UK because they are elsewhere, while the reverse is perfectly possible. That imbalance has occurred even in our relationship with our closest ally, the United States of America.

The Government must reassure the public that their priority is protecting British interests and British citizens, and upholding the international rules-based order in this process. We must do all we can to ensure that robust mechanisms are in place so that suspects wanted here in the UK who have made their way abroad can face justice. That has been articulated most ably in recent months by the family of Harry Dunn. I reiterate our support for them and our call for the Government to engage fully with them and provide the answers they are demanding.

In conclusion, we fully accept the need for comprehensive legislation to address the gap that currently exists for UK law enforcement prior to extradition proceedings. In a constructive spirit, the Opposition will work with the Government on the Bill, seeking to fully scrutinise it in Committee and ensure that reasonable protections remain in place. I am sure the Solicitor General will agree that it is important that we get this right, and I know that Labour Members, and Members across the House, will do our best to assist the Government in ensuring that we do.

Extradition (Provisional Arrest) Bill [Lords]

Conor McGinn Excerpts

Report stage & Committee stage & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 8th September 2020 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

I rise to give my party’s support to the amendments in the names of the right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Haltemprice and Howden (Mr Davis). I should also say that the Scottish National party supports the official Opposition’s new clauses 1 and 2, which seem eminently sensible.

The Scottish National party fully supports reasonable measures to keep our citizens safe from those who have committed serious crimes furth of this country, and we fully support working with international frameworks to do so. Indeed, that is one of the reasons why we, and the majority of people in Scotland, were so keen on the security and justice co-operation afforded through our membership of the European Union, and why we voted for its continuance repeatedly and are so sad to see it go.

To return to the amendments, it is important to remember that, in addition to a duty to protect the safety of our citizens, this Government and this Parliament have a duty to uphold international human rights standards. We should be loth, therefore, to do anything to permit extradition to regimes that do not uphold the right to a fair trial, free speech or freedom of expression. Many of our constituents are extremely concerned about human rights abuses in China, particularly in respect of the Uyghur Muslims. These and other human rights abuses are indicative of a regime that is very far indeed from putting the same store by human rights as we do. Many of our constituents have watched with horror as the situation in Hong Kong has unfolded and as the brutal suppression of pro-democracy activists continues. The hon. Member for Strangford (Jim Shannon) referred to the footage of a 12-year-old girl being subject to a violent arrest at a pro-democracy protest—I am sure we are all very grateful to those brave enough to film that footage and get it out to the rest of us. I very much want to associate myself with the comments of those who are very keen to impress on the Minister—I am sure he is alive to this—the importance of not making it any easier for human rights-denying regimes to get their hands on their citizens who have sought refuge in these islands.

Let me turn now to amendments 7 to 10 in the name of the right hon. Member for Haltemprice and Howden. I share his concerns about the unbalanced extradition arrangements that we have with the United States of America. There is a lot that could be said about those today, but I will not go into it in detail because it is beyond the scope of this Bill to redress that imbalance. None the less, I am very grateful to the right hon. Gentleman for raising it, and I wish to impress on the Government as we move forward, particularly given the nature of the current President of the United States of America, that we should be looking afresh at these unbalanced extradition arrangements, particularly when we see the outcome of a number of high-profile cases at the moment.

I want to turn now to the Government amendments. I am keen to know from the Minister—I realise that we have received a letter from him in the past hour or so, but I have not had time to digest its contents properly—just exactly why Government amendment 15 is now seeking to include EEA countries in proposed new schedule A1. Is this the start of our growing and perhaps inevitable recognition that, when we leave the transition period at the end of this year, there will not be any replacement for the European arrest warrant? If that is so, it is a most regrettable state of affairs, and one that is of great concern to my colleagues in government in Edinburgh and also to the Crown Office and Procurator Fiscal Service in Scotland and to Police Scotland. An update on exactly what is going on here would be very much appreciated, particularly as the Solicitor General told us on Second Reading that this Bill was not about the European arrest warrant. If that has changed, we really deserve a full explanation of why it has changed and where we are in the negotiations in that respect.

I wish to oppose Government amendments 13 and 14. Government amendment 13 removes a provision that was inserted in the other place imposing certain conditions about a consultation assessment and requiring reports on the making of regulations under section 74B(7) of the Extradition Act 2003. I very much regret that the Government are attempting to remove these additional safeguards. I regret in particular the Government’s determination to remove the obligation to consult the devolved Governments before adding, removing or varying reference to a territory. I very much fear that this deletion is indicative of the Government’s lack of good will towards the other Governments of these islands. It will come as little surprise to viewers in Scotland that the Government will do anything they can to get out of any obligation to take account of public opinion in Scotland or the views of Scotland’s elected representatives. In that respect, I urge them to think again, because, as was said in the other place, the devolved institutions can be a source of “valuable information” relevant to changes that might be proposed in relation to individual territories. Although extradition is a reserved matter, the Scottish Government and the Scottish Parliament have responsibility for justice, policing and prisons, and their views ought to be considered. Furthermore, many members of the Scottish Government and Parliament have expertise in relation to human rights and a particular interest in human rights aspects of territories that the British Government might seek to add.

That brings me to the deletion of any obligation to consult non-governmental organisations. I have already spoken about how central human rights must be to our decision as to whether to add any territories to these provisions. NGOs will have direct experience or information in relation to the human rights position on the ground of a particular country or territory, which can only aid Government decision making and, importantly, parliamentary scrutiny.

Finally, I support what the hon. Member for City of Durham (Mary Kelly Foy) said about the unfortunate deletion of the obligation to do this territory by territory, with one statutory instrument per territory, rather than rolling up a number of them into one. As was said in the other place, by exiting the European Union, we have made ourselves as a state “vulnerable to pressures” in the context of seeking trade agreements. If we have one statutory instrument per territory, it is much more likely to be identified on the Floor of the House where such undue pressure has been brought to bear. I will leave it at that for now.

[Conor McGinn (St Helens North) (Lab)]

It is always a pleasure to see you in the Chair, Dame Rosie, and to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry), with whom I have shared many assignments on the Floor of the House and in Committee on these matters. I rise to speak to new clauses 1 and 2 and amendments 16 and 17, in my name and those of the Leader of the Opposition and the shadow Home Secretary.

There is a slight irony in the fact that we are discussing a Government Bill designed to strengthen international law just a matter of hours after we heard from the Secretary of State for Northern Ireland at the Dispatch Box that the Government intend to break international law in relation to the withdrawal agreement. I want to put on record how good it is to see the Minister for Security in his place. I thank him for the co-operative and courteous way in which he has worked with me over the last number of months since I was appointed. I would expect no less from a person of his calibre, but it is very much appreciated.

We have heard a serious tone in the debate. As a relatively new Front Bencher, it is quite daunting to follow the speeches of such distinguished and senior parliamentarians as the right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith), for Haltemprice and Howden (Mr Davis) and for Wokingham (John Redwood). We also heard from the hon. Member for Rother Valley (Alexander Stafford) and the esteemed Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), as well as my hon. Friend the Member for City of Durham (Mary Kelly Foy), who shows that there are still a few reds left in the red wall, thankfully. We also heard characteristically dignified words from my friend, the hon. Member for Strangford (Jim Shannon).

This Bill seeks to fill a gap—notably, the situation where UK law enforcement becomes aware of someone wanted by a non-EU territory but is unable to arrest them without first seeking a warrant. The risk that the Bill seeks to address is that a wanted person may abscond or even reoffend before they can be detained. We acknowledge the context, the arguments and the safeguards set out by the Government on Second Reading, and we have carefully considered the comments made by the Director of Public Prosecutions and others. We also believe that the scrutiny and refinement of the Bill during its passage in the other place has significantly improved and strengthened it.

We have approached the Bill in a constructive spirit, with a determination to work across the House to get important legislation right for the protection of all our citizens. It is critical to ensure that serious criminals—some of whom, let us not forget, are wanted abroad for the most heinous crimes—are arrested and swiftly brought to justice before the opportunity arises for them to reoffend or abscond. We fully accept that, in a world where criminals increasingly respect no national borders or boundaries, we must work to achieve our overriding priority to keep the British public safe in collaboration with our international partners. However, important amendments have been tabled, and I hope that the Government will listen carefully to the points raised on both sides of the House, to ensure that we build the strongest, most robust and fairest legislative framework for our extradition process.

New clause 1 would require the Secretary of State to lay a statement setting out how many individuals have been arrested under provisions in the Act, broken down by the characteristics of each person arrested as set out in section 4 of the Equality Act 2010. This would ensure that Parliament receives the information and facts to enable us to fulfil our duty in scrutinising the effectiveness and impact of this Bill, and in particular to know to whom it is being applied. First, it is important to understand how many people this is applied to, which will enable us to understand the breadth and reach of the provisions in this Act and to compare its effectiveness with current provisions, and secondly, it is equally important that we understand to whom it is being applied.

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[John Redwood]

The hon. Gentleman is making a very good point. Has he done any study of the impact of the European arrest warrant and whether that has had adverse consequences in the way that he thinks Interpol does?

[Conor McGinn]

I thank the right hon. Gentleman for his intervention, and I will come to the European arrest warrant and that point very shortly.

I hope the Minister recognises the importance of these new clauses to the effectiveness of the Bill, and responds accordingly.

On Government amendments 12 and 16, which define the designated authority as the National Crime Agency, we recognise that and are pleased to see that the Government have tabled an amendment to that effect. I have no doubt that this will give an important sense of clarity and purpose to those brave men and women working in the National Crime Agency and their operational partners, whose efforts, let us not forget—right at this moment, in fact—do a great deal to keep the public safe and secure. The role of the designated authority is fundamental to the success of the legislation, given that it will be carrying out the functions of certifying requests. However, can I ask the Minister to confirm to the House that powers of redesignation, if ever necessary, will be open to scrutiny by both Houses of Parliament, because I think he will appreciate that that is an important issue for future oversight?

We feel that Government amendment 13 seeks to undo the valuable amendment made in the other place by my hon. Friend the noble Lord Kennedy of Southwark. It received support from all sides in the other place, and it requires certain key conditions to be satisfied before the Secretary of State can add, remove or vary reference to a territory. That amendment was reasonable, proportionate and practical, and it should present no problem for the Government, so I am not quite clear why the Minister is seeking to undo the good work done by the noble Lords in the other place.

Nothing in the Lords amendment stops the Government doing what they want to do; it simply ensures a proper process of consultation and assessment, which any major changes to a framework of this significance should undergo. 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 merit of the change, and there are two groups in the consultation proposed here: first, the devolved institutions; and secondly, NGOs and civic society. As the Bill currently stands, after consultation an assessment has to be laid before Parliament outlining the risks of the proposed changes and confirming that where the proposal is to add a territory, it does not abuse the Interpol red notice system. It is my contention that that should remain in the Bill.

In a similar vein, we will also be defending the amendment made in the other place by Baroness Hamwee, which the Government are attempting to remove by means of their amendment 14. The Bill as it now stands requires each order to add, vary or remove a territory under new schedule A1 to contain no more than one territory. There is of course nothing to prevent the Government from laying several instruments, each relating to one territory, at the same time, so there should not be any delay to process. Each country will have differing characteristics and varying degrees of compliance, so grouping them could result in the waving through of some territories with questionable human rights records purely because to fail to do so would jeopardise a potentially urgent extradition agreement with another country. Each country will have varying levels of compliance and different approaches to issues of human rights and criminal justice, and this is important because while we agree with legislating on the basis of those currently specified as trusted partners in this Bill, we should not leave the door open. We intend to defend the inclusion of this clause as a safeguard for the effective application of this legislation.

We have tabled amendment 17 to allow all European economic area member states to be inserted in new schedule A1, and we note that the Minister has made a similar proposal in Government amendment 15, but, frankly, the lack of progress on the justice and security talks with the European Union gives us a great deal of concern, and 31 December is approaching with no positive signs of agreement on these hugely important issues. I ask the Minister: is he concerned about our losing access to the capabilities afforded by the European arrest warrant? We on this side of the House are clear that any loss of capability, regardless of whether it is mutual, would have disastrous implications for UK law enforcement’s ability to identify and question suspected criminals and thus keep our country secure.

I refer the Minister to comments made in February 2019 by Deputy Assistant Commissioner Richard Martin, the UK law enforcement lead for Brexit and international criminality, in relation to the loss of the European arrest warrant and the Schengen Information System, and the potential implications for policing of no deal. He said:

“Every fallback we have is more bureaucratic, it is slower”.

He said that while policing was “not going to stop” and would still meet the threat,

“we will be much more limited than we currently are”.

He went on to say:

“If something takes two or three times as long as when you were doing it before, that’s probably another couple of hours maybe you are not back on the streets”

and not being visible doing your core role. Such an outcome would be not only undesirable but unacceptable.

Specifically on extradition, we know that the UK and EU falling back on prior arrangements in the 1957 Council of Europe convention would complicate proceedings and add needless delay. That is not my assessment but that of the previous Conservative Government and their former Prime Minister, the right hon. Member for Maidenhead (Mrs May). We entirely accept that the Bill’s scope relates solely to the powers conferred on UK law enforcement, so I would like to ask the Minister exactly what the Government are doing to ensure adequate levels of reciprocity in future extradition arrangements, particularly if we lose the powers we presently enjoy under the European arrest warrant and other such mechanisms.

I will turn briefly to the amendments tabled in the names of the right hon. Member for Chingford and Woodford Green and other colleagues. I listened carefully to the powerful speech the right hon. Gentleman made today about the admirable work he has been doing on this issue over previous months, which is wholeheartedly supported by those of us on this side of the House. We welcomed the Government’s decision to suspend the extradition treaty with Hong Kong, which will offer much needed assurance to the Hong Kong diaspora and pro-democracy activists. It is important that the UK works with democratic partners around the world to ensure a co-ordinated international response that enables holders of the British national overseas passport, pro-democracy activists and the people of Hong Kong to travel without fear of arrest and extradition. The Government must not waver in their commitment to the people of Hong Kong, and we will support them in their endeavours if that is the case. I look forward to hearing the Minister’s assurances.

I also acknowledge the work of the right hon. Member for Haltemprice and Howden and his amendments. I stressed before that we acknowledge that the Bill’s scope relates predominantly to powers of arrest conferred on UK law enforcement, not the extradition process itself, but we need to do all we can to ensure levels of reciprocity when it comes to our extradition agreements, not least with our most trusted partners. It is not acceptable that we are not able to bring those wanted for serious offences to justice here in the UK because they are elsewhere when the reverse would be perfectly possible. That is all too often the case, because for an extradition agreement to have any value—this goes to the heart of the right hon. Gentleman’s point—British citizens must believe that their Government will support and stand up for them and uphold the integrity and equivalence of any agreement. I hope the Minister will take those arguments seriously.

In conclusion, we have, as always, sought to be a constructive Opposition during the progress of this Bill, and our amendments today serve only to strengthen and improve the legislation, building on the cross-party work done in the other place.

[The Minister for Security (James Brokenshire)]

It is a privilege and pleasure to serve under your chairmanship, Dame Rosie. I thank all right hon. and hon. Members across the House for their contributions during the course of this thoughtful debate, and I recognise and appreciate the support for the principles that are enunciated within a short Bill with a defined purpose.

I thank my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), and I will come to his amendments and his important points in relation to Hong Kong. I will also address the comments of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis)—my long-standing friend—on extradition. Indeed, he and I have debated such points over many years, and he will remember the changes that were brought about on things such as forum bars and where the right forum actually is. I can certainly say to him that we will always keep our extradition arrangements under review.

I thank the hon. Member for City of Durham (Mary Kelly Foy) for her challenges, and I will come to them during my contribution. Turning to my right hon. Friend the Member for Wokingham (John Redwood), there are obviously issues around the EU and how we negotiate and how we use the freedoms that we now hold as an independent state. I hope to explain further the negotiations in relation to the EU, which are very much extant. I also thank my hon. Friend the Member for Rother Valley (Alexander Stafford) for his support and for so clearly setting out the purpose of the Bill.

The hon. Member for Strangford (Jim Shannon) made several wide-ranging points, underlining why we have extradition to hold up our justice system and to ensure that those who need to be brought to justice are, including in significant cases that touch so many of our constituents. On that note, I appreciate the comments of my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes). We are clearly aware of the constituency case she highlighted, and we are working with our colleagues at the Foreign, Commonwealth and Development Office in connection with the case. It is important in that context to highlight how we approach such matters, ensuring that appropriate standards are met and applied, and she sought to underline certain issues. I will not comment on the detail of the individual case she raises on behalf of her constituent Jonathan Taylor, but I say to her that this Bill does not change the role of the court or the Secretary of State in relation to a person’s extradition or any of the existing safeguards in the Extradition Act 2003. No individual will be extradited if the request is politically motivated—that touches on the broader point she was seeking to highlight, and I can give her that assurance.

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[Conor McGinn]

I echo what the right hon. Gentleman said in thanking his departmental officials who, alongside the Minister himself, have been courteous and helpful in providing us with information and briefings throughout. I also thank the officials in the Public Bill Office for their diligent work and assistance in helping the official Opposition and our colleagues across the House to scrutinise the Bill.

I do not intend to detain the House long. We had a good and wide-ranging debate on Second Reading and the Bill has had good scrutiny in Committee on the Floor of the House today. We are disappointed, but not entirely surprised, that the Government did not accept our amendments, but we will not be opposing the Bill on Third Reading.

We have always said that we accept the need for comprehensive legislation to address the gap that currently exists for UK law enforcement prior to extradition proceedings. We hope that the Bill will assist in closing that and help to keep the British people safe. We are determined to ensure that serious criminals who make their way to our country or commit offences in other countries cannot rest easy on our streets and evade the full force of law, and we believe that the Bill will help to achieve that.

In conclusion, we discussed in Committee the need for an extradition agreement to have integrity and that for it to have value, British citizens must believe that their Government will support and stand up for them and uphold the said integrity of any agreement. We have talked a lot about reciprocity, but I also want to talk about credibility. I say gently to the Minister that the credibility around international agreements and international law is not given in isolation, and it ill behoves the Government, on something as sensitive as this, to talk about wilfully breaking international law. I hope that he and his colleagues will consider that in relation to other matters. However, on the substantive matter of this Bill, we will not divide the House this evening.