Extradition (Provisional Arrest) Bill [Lords]

Jim Shannon Excerpts

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

[Jim Shannon (Strangford) (DUP)]

I have spoken on the issue of extradition on a number of occasions in the House, as I seek to ensure that we have in place understandings to allow the extradition of terrorists to our shores, as well as reciprocal arrangements. I commend the Minister and our Government for presenting the Bill—well done to him for introducing it. He outlined an example of something that will not be able to happen again, and that is why it is good to have this extradition legislation in place.

I am grateful to the Lords for their amendments that introduce additional safeguards to the process of adding further territories in future. I have no doubt that there will be a need to do just that. This accurately reflects the concern about the possibility of countries with poor human rights records abusing the extradition system. We simply cannot allow that to take place, and the hon. Member for Wycombe (Mr Baker) outlined that well in his intervention.

It is clear that these initial countries—Australia, Canada, Lichtenstein, New Zealand, Switzerland and the USA, along with some other EU countries—will not abuse human rights, and we can be content to allow them to be included. However, the Lords amendments look to the future to ensure that, for example, while we might have trading deals with China, we would not be comfortable extraditing political prisoners there. The same can be said for many countries, and for many reasons, such as freedom of religion or belief. I chair the all-party group on international freedom of religion or belief, and I think of China’s human rights abuses of many people—of Christians, in particular, and of the Uyghur Muslims and Falun Gong. It is really a despicable country when it comes to human rights. This is an issue of grave concern to me, and we must ensure that we offer protections for those who face losing their life simply because they chose to follow Christ.

I further agree with the terms for the Brexit negotiations and I welcome a withdrawal based largely on the EAW, but including further grounds on which extradition can be refused. These include the right for parties to refuse to surrender their nationals, as well as a requirement of double criminality. The act for which the individual is sought must constitute an offence in both jurisdictions, but the parties can waive this requirement on a reciprocal basis for certain serious offences, and that has to be good news. Unlike the EAW, this waiver will be optional.

The Bill also provides for parties to refuse on a reciprocal basis to surrender individuals sought for political offences, with an exception of certain specified terrorist offences. I agree on all these matters. In Northern Ireland, we saw many years of terrorists fleeing from their crime and finding refuge in the Republic of Ireland, only to return to carry out further crimes. I have spoken in the House before about my cousin, Kenneth Smyth, who was a sergeant in the Ulster Defence Regiment, and his comrade, Daniel McCormick. Both were murdered on 10 December 1971. Those responsible escaped across the border and nobody ever made them accountable for their crimes. It is absolutely despicable and wrong. They may not have been made accountable in this world, but they will certainly be accountable in the next, and I look forward to that. Acts of terrorism cannot be excluded from any extradition policy. Indeed, they must be the foundation for it and that is why I look to Government for leadership and commitment, which clearly will be there.

I welcome the shadow Minister, the hon. Member for St Helens North (Conor McGinn), to his place. He and I have been good friends over the last few years and I am very pleased to see him there. Extradition is an essential part of any civilised country, and I believe that the foundations contained in the Bill allow effective extradition in all good conscience. I welcome the Bill.

Extradition (Provisional Arrest) Bill [Lords]

Jim Shannon 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

That is exactly what the people of Rother Valley and the United Kingdom want us to do.

[Jim Shannon (Strangford) (DUP)]

First, I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for setting the scene so very well. When he referred to the persecution of the Uyghur Muslims, I was tempted to intervene on him to put on record my concerns about the brutality, violence and outright criminality that the Chinese Government are committing against their own people. It abhors everything that is decent, and it underlines the fact that we cannot do it on our own. The right hon. Gentleman knows that, but we can do it in conjunction with other countries as well. That goes part of the way to setting the scene, but we have to recognise that we must work with others to make things happen.

It is nice to see the Minister of State in his place again. He is doing double-duty in this Chamber. He did it last night, and he is back again for more. My goodness, he is some Minister. It is very pleasant to see him in his place.

I welcome the opportunity to make some comments. The UK has extradition arrangements with more than 100 territories around the world. That partnership is essential not only to ensure that criminals are properly processed, but also to ensure our need to extradite, and that the ability to do so is subsequently reciprocated. However, it is right and proper that the Secretary of State announced in July an end to the Hong Kong extradition treaty in the light of the imposition of the new security law in Hong Kong by Beijing that is a serious violation of the country’s international obligations. I welcome the statements that the Secretary of State has made in this House on the matter.

I am not sure whether Members have had the chance to check today’s press, but it contains the story of a 12-year-old child who was arrested in Hong Kong by three burly police officers, if I can say they that are burly—ever mindful of their size; they were certainly in excess of five times the strength of the child. The child was out getting paints for her school classes, but was perceived to be a protester. The actions of the Hong Kong police were totally outrageous, as they have been with everyone, but that event in particular concerns and rankles me greatly.

I declare an interest as chair of the all-party parliamentary group on international freedom of religion or belief. I am aware of and very disturbed by the treatment of those who do not fit the mould of how the Chinese believe things should be done. The treatment of Uyghur Muslims in particular has been in the news of late. I have spoken about the issue before and the APPG has been reporting on it for some time. The thought that the extradition treaty with the Hong Kong Government could mean the inhumane treatment of many people extradited to China after a pause in Hong Kong is quite simply frightening, and it is absolutely right that the Secretary of State took the steps that he did.

It is not only the persecution of the Uyghur Muslims; there is also persecution of Christians, who have had their churches desecrated and attacked, and their right to worship monitored and restricted. In addition, people of the Falun Gong belief have been systematically used for organ transplants, sometimes on a commercial scale. China has been guilty of all the worst crimes in the world against those who do not fit the form that it wants them to. I wholeheartedly agree with the right hon. Member for Chingford and Woodford Green and unfortunately do not see enough steps on human rights in the legislation, although I am quite sure that the Minister will give us some reassurance on that.

It is essential that we get this legislation right and fulfil our moral obligations. The right hon. Member for Haltemprice and Howden (Mr Davis) referred to moral obligations, which I think we all have. There are duties that we have the capacity to alter and change as is necessary. I fully condemn any Government who carry out any human rights abuses or the persecution of religious minorities and ethnic groups. I am concerned about the lack of human rights safeguards in this legislation. The background information from the Library refers to the discussion of the Bill in the other place, referring to the lack of human rights safeguards as well as

“the use of wide regulation-making and Henry VIII powers; the lack of specific criteria or safeguards to be applied when adding Category 2 territories to the specified list in the future…the integrity of the Interpol red notice system; the impact of losing access to the EAW, and what other measures might be necessary to mitigate against those risks”.

Perhaps the Minister will give us some clarification on those matters.

I am all for trade deals and for working in partnership, but not at the expense of lives. As furious as those who are removed from our treaty list may be, doing the right thing may mean doing the difficult thing. Sometimes the difficult thing is the moral and right thing to do, and this legislation must be given the freedom to do those things. I welcome the Government’s commitment to legislate to change, and we will all support the introduction of the Magnitsky Bill that the Secretary of State has mentioned.

I am a great admirer of America, and not just because I go there on holiday every two or three years. I love the American people. I love the escapism that America has and I am proud of my Ulster Scots foundation, history and tradition. I am pleased to say for the record that 18 Presidents of the United States of America have Ulster Scots ancestry, which tells us something about the part of Northern Ireland that I come from—that we can produce 18 Presidents of the United States of America. It tells us that they were fine presidents, by the way, and that the history of the United States comes from here and other countries in the world.

I am aware that our extradition policies may not be equally reciprocated, and when it comes to our dealings with the USA, that should be taken into account. Therefore, when I saw the amendments tabled by the right hon. Member for Haltemprice and Howden that highlight the US situation—others Members have spoken on this—they gave me pause and should give the Committee great pause for thought about what they do. We all know the cases—I do not need to say them again; other hon. Members have referred to them—that are in my mind and in the media spotlight, and are therefore important.

There have been various examples. Indeed, this year, our Prime Minister was open enough to admit that it might be appropriate to characterise our relationship on extradition as lopsided; I think that tells us all about the position between the UK and the USA. It has been well argued that the current legislation and the 2003 treaty require the UK to meet a higher evidential threshold—I understand that—than the US before extradition will be ordered. It is abundantly clear that we must take steps to rectify that in the Bill and I am pleased that that seems to be the case. Again, however, perhaps the Minister will give us some clarification on that.

I also ask the Minister about contact with the local Administrations—the Northern Ireland Assembly, the Scottish Parliament and the Welsh Assembly—to which the hon. Member for City of Durham (Mary Kelly Foy) referred. Will the Minister confirm that those talks and discussions have taken place and that the regions’ full input is part of the deal?

It seems that there are certain nations that allow us to give but do not reciprocate at the same level. The National Crime Agency must have the ability, under the authority of this legislation and the Secretary of State, to make changes to ensure that if we are at pains to help others to bring home criminals to be accountable for their crimes, we get at least the same level of help when it comes to our own criminals.

Hailing as I do from Northern Ireland, as other hon. Members will remember—I have said it in the past but I want to put it on the record—it was disheartening to see men and women who carried out terrorist activities and left people with unspeakable loss, pain, injury, hurt and lives that would never be the same wandering about in the Republic and living their lives in defiant freedom. Some of those who carried out some of the worst atrocities have walked around the Republic of Ireland in comparative safety and sanctuary for some time.

Those who killed my cousin Kenneth Smyth and his friend Daniel McCormick on 10 December 1971 escaped across the border and have never been held accountable for their crimes, so hon. Members can understand how, 49 years later, I feel quite concerned. I have lived my life knowing that murdering criminals unrepentantly live their lives in freedom just miles across the border from their dreadful deeds, and it is something that I would wish on no one.

The basic principle of our extradition treaty must be that we will help others to get criminals off the streets, but the underlying pin that holds it together must be that the moral duty, to which the right hon. Member for Haltemprice and Howden referred and to which I believe we all adhere, and the duty to human rights are premium. The Bill is our opportunity to get that right.

I welcome some of the tidying up that has been done by Committee members, whose input and commitment I also welcome. A lot of work has taken place to get us this far, but again, I ask for the Minister’s assurance that he believes that our human rights obligations are fully enshrined in this legislation, not simply for today’s globe, but future-proofed for our ever-changing world.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I appreciate the opportunity to speak briefly in this afternoon’s important debate. There have been some excellent contributions from hon. and right hon. Members, and it is always a pleasure to follow the hon. Member for Strangford (Jim Shannon). Many Members have rightly highlighted the positives in the Bill, but they have also drawn attention to some of the perceived negatives. I echo the comments of the hon. Gentleman when he said that we have a strong history of doing the right thing and doing the lawful thing, even when there is perhaps an imbalance in relationships, which we occasionally see. However, I wish to approach the Bill from a slightly different perspective.

--- Later in debate ---

[Jim Shannon]

I wish to make a few quick points. I said to the Minister in the Lobby what a pleasure it is to see him in his place and looking so well. I told him that I do not think I have seen him looking so healthy in a long time. He asked me how my constituency was and I told him that it is getting more beautiful every day—he knows that, as I do. I am pleased to see him back, just as I am pleased to see the shadow Minister, the hon. Member for St Helens North (Conor McGinn). He and I have been good friends for a long time. We might have a difference of political opinion on some things, but we agree on a lot of important things in this House, on behalf of our constituents, and it is good to do that. The DUP supported the Bill and voted with the Government, and Bill has now been passed and moves on to its next stage. The Government and the Minister have given a commitment to speak up for those around the world. The right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Haltemprice and Howden (Mr Davis), and indeed myself and others, spoke about human rights abuses around the world. The human rights angle of the Bill perhaps does not put in place everything we would like to see, but we are pleased to see things moving forward. Around the world, people are suppressed, persecuted and abused; hopefully, the Bill will make people accountable and we can use this law for that purpose.

Today, our Government of the United Kingdom of Great Britain and Northern Ireland—I always love saying that, by the way, because we are better together; the hon. and learned Member for Edinburgh South West (Joanna Cherry) might have a slightly different opinion, but I do not think we disagree too much—have made it clear that if someone does something wrong, they will be caught, and that there is a moral obligation to speak up. The House has supported the Government and the legislation they have brought forward, but we also have a moral obligation. It is important that all of us in this House speak often about this important moral issue: people cannot just do something wrong and get away with it. Legally and morally, the House has made the right decision.

I would love to see, as I have said previously, the Chinese Government being held accountable in a court of law—under moral law and legal law around the world—for what they do to others. There are many other countries like them, but this country and our Government have acted correctly.

Question put and agreed to.

Bill accordingly read the Third time and passed, with amendments.