Extradition (Provisional Arrest) Bill [Lords]

Joanna Cherry 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

In this country, we seek to protect whistleblowers. Legislation laid down in 1998 and in 2013 does exactly that. I seek reassurance from the Minister that nothing in the Bill will undermine those protections for British citizens who find themselves caught up in such a situation. I acknowledge that Mr Taylor’s case is not strictly applicable to the Bill, but it is pertinent, and it would have been remiss of me not to use this opportunity today. So I have done so; I have highlighted a very real situation that is of massive concern not only to my constituent but to other British citizens. Many others will be in similar situations. They are seeking to oppose their extradition to countries that are giving every appearance of pursuing a political rather than a judicial agenda.

[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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[Joanna Cherry]

I was remiss earlier in not welcoming the Minister back to his place, and I thank him for his courtesy, as always, in keeping me apprised of his intentions in relation to this Bill. The Scottish National party supports the principles behind it and we support reasonable measures to assist in tackling transnational crime, provided the importance of protecting human rights is respected. As I said earlier, the SNP fully supports working with international frameworks to keep our citizens safe. 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, why we voted for its continuance repeatedly, and why we have been so sad to see it go.

I will not divide the House on the Bill, but I regret the Government’s refusal to countenance an obligation to consult the devolveds when adding, removing or varying a provision in relation to a territory. The devolved Government in Scotland have a real interest here given the devolution of criminal justice, and as I said, I think it indicates the lack of respect from this Government about the impact of the devolved settlements on our constitution that no consultation has been forthcoming. It is also perhaps an indication of ignorance of the fact that Scotland’s separate legal system is protected not just by devolution, but by the Act of Union. I have recently expressed concerns about a potential breach of article 19 of the treaty of Union by the Government’s proposals in another field of law, in relation to judicial review. To pick up on what was said by the hon. Member for St Helens North (Conor McGinn), who speaks for the official Opposition, it seems now that the treaty of Union is not the only international treaty that the Government are bent on breaching, and I add my voice to his.

It is extremely shocking to see a Government Minister stand at the Dispatch Box and confirm that the Government intend to breach international law. I am sure that as I speak, the Law Officers who advise the Government—the Attorney General, the Solicitor General and the Advocate General, the UK Government’s Law Officer in Scotland—will be very carefully considering their position, as will, I am sure, the Lord Chancellor, who is bound in terms of the constitution Act to respect the rule of law. I look forward over the coming days to seeing what the British Government’s Law Officers have to say about their and, indeed, the Lord Chancellor’s position in relation to a Government that promise on the Floor of this House to break an international agreement and international law.

This seems to be one of the many unfortunate consequences of our leaving the European Union and, as I said, it was notable that the Government sought to amend the Bill today to provide for the situation that there will be no replacement for the European arrest warrant when we exit the transition period at the end of the year. This is a most regrettable state of affairs. It seems that this Government intend to pilot the United Kingdom into a period of lawlessness. For those of us who wish to see Scotland take a different path and who are rather sick of being lectured about how inappropriate that is, this course of lawlessness is most to be regretted.