Police Reform and Social Responsibility Bill

Debate between Julian Huppert and Ann Clwyd

Wednesday 30th March 2011 Commons Chamber

[Ann Clwyd]

My hon. Friend hits the nail on the head as usual, and I shall develop that argument in a few minutes.

We still have obligations under the Geneva conventions —they are obligations, and not discretions or permissions —to bring before a court persons suspected of committing the gravest crimes against humanity when we are able to do so. This change in the law will undermine our commitment to those Geneva convention obligations.

Why, then, are the Government seeking to change the law? The Justice Secretary, yesterday, and the Foreign Secretary, last Thursday, set out clearly in replies to questions in the Chamber the reasons why the Government are seeking to do so. The first reason that they gave was that it is too easy to obtain an arrest warrant. They suggested that anyone could turn up on a frivolous pretext, spin a yarn to the court and walk away with an arrest warrant—put a penny in the slot and out comes a warrant! I cannot believe that that argument has carried any weight with anyone at all.

[Dr Huppert]

I share the right hon. Lady’s deep interest in human rights and I absolutely accept her point. May I, however, go back to what she was saying earlier about the arrest process? Does not she accept that a prosecution is more important than an arrest, and that whether or not the clause is passed, the Attorney-General’s consent will still be required for a prosecution, making the issue a political one? Are we not having the wrong debate? Should not we be debating the Attorney-General’s role in private prosecutions?

[Ann Clwyd]

That is certainly a subject for future debate. I agree with the hon. Gentleman when he said in Committee:

“I am not persuaded that there is a need for change…I do not think that a sufficiently strong case has been made about why the current system is not working.”––[Official Report, Police Reform and Social Responsibility Public Bill Committee, 17 February 2011; c. 684.]

I hope that he still holds that view.