Foreign Fighters and the Death Penalty Debate

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Department: Home Office

Foreign Fighters and the Death Penalty

Jamie Stone Excerpts
Thursday 11th October 2018

(5 years, 8 months ago)

Commons Chamber
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Ben Wallace Portrait Mr Wallace
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As I said earlier, this Government, the coalition Government and the Labour Government before it have, in exceptional circumstances or where there are strong reasons, not sought death penalty assurances. That has been the long-standing position of successive Governments under the OSJA. That is partly because, while we oppose the death penalty in principle, we have to balance the options on the table.

These two individuals are not United Kingdom citizens in this country; they are in a country where there is a war. People seem to forget that. If they were in this country, the courts would have much more power to gather evidence, put them on trial and so on, but they are not, and therefore we are guided by the OSJA, published in 2011 under the coalition Government. It seems, having looked through previous records, that other Governments have on occasions viewed something as exceptional or having strong reasons not to seek death penalty assurances.

Jamie Stone Portrait Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
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It seems to me that what bedevils this extraordinarily difficult issue is establishing a dividing line between the powers of Ministers and the proper role of this Parliament, by which I mean the role of parliamentary oversight. Will the Minister undertake to consider that point and bring to the House suggestions as to how parliamentary oversight could be increased—if nothing else, to give the public genuine faith in the mechanism?

Ben Wallace Portrait Mr Wallace
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The hon. Gentleman makes a valid point. MLAs, which are often operational and judicial processes, are incredibly sensitive until they are aired, such as in a case or a hearing, as we saw at the beginning of the week with the case of the two individuals in Syria. That is partly because to publicly air the details of an investigation or an MLA request and our police asking for that information, which could be about someone in the hon. Gentleman’s constituency who is under investigation, could expose the fact that there was an investigation into that individual.

It is a delicate balance. However, I will agree to look at this, and I am happy to meet the hon. Gentleman to discuss whether there is a way in which we can give details of cases once they have passed and it is felt that there is no risk, and to see what more we can do to scrutinise the practice of MLAs. To put them in context, there are hundreds of them every year.