UK-US Extradition Agreement

Kit Malthouse Excerpts

Thursday 23rd January 2020 Commons Chamber

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

May I start by congratulating my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) on securing this debate? He has long been a sentinel on the watchtower of our liberties, and we are all the safer for having him in his place.

I am sure my right hon. Friend agrees with me that extradition is an important tool in fighting crime, and it is crucial that our arrangements work well. It is vital that we strike the correct balance between effectively bringing offenders to justice and seeking redress for the victims of crime, while protecting the fundamental rights of those who have sought extradition.

My right hon. Friend has expressed his interest in the case of Mr Michael Lynch. It is well known that Mr Lynch is involved in civil proceedings in the UK’s courts, so everybody has a duty, as he said, to be mindful of the effect their statements could have on such proceedings.

On the subject of extradition, I am afraid that, in line with the Government’s long-standing policy and practice, I am unable to confirm or deny the existence of an extradition request. As with any case, if Mr Lynch were arrested for extradition, proceedings would be dealt with in accordance with due process and the relevant provisions of UK law.

I should also refer to the case of Anne Sacoolas, which my right hon. Friend mentioned. Harry Dunn’s death was a terrible tragedy, and we have every sympathy with his family. We are doing everything we can to ensure that justice is done in this case. The request for Anne Sacoolas’s extradition has been sent to the United States. The State Department is considering whether to take it forward, in accordance with its normal procedures. We are continuing to make representations at the highest level. In fact, the Prime Minister raised the case with Secretary of State Pompeo at the weekend.

As in every case, it is important that we follow due process and act appropriately. We must be aware that actions and statements by the UK Government, and indeed in this place, could have the effect of prejudicing a future case, giving Mrs Sacoolas grounds to argue that it was not possible for her to receive a fair trial in the UK and so avoid extradition.

Let me turn now to the general subject and title of the debate—our extradition treaty with the United States. When the coalition Government came to office in 2010, there were long-standing and deeply held concerns regarding the UK’s extradition treaty with the United States. That was why an independent review was initiated to examine those and other extradition issues. The review was chaired by Sir Scott Baker, a former Lord Justice of Appeal.

The independent panel undertook an extensive examination of the issues and carefully examined evidence from a range of parties representing all shades of opinion on the subject. Importantly, and contrary to suggestions by some, the panel also carefully assessed representations from those who had experienced extradition at first hand and the evidence of their families.

The report of the review concluded that, although there is a perception that the evidence tests used by the US and UK—probable cause and reasonable suspicion, respectively—are unbalanced, there is no significant difference between those two tests in practice. A second independent review in 2015, run by a Select Committee in the other place, came to the same conclusions. The Government accept those conclusions, and they are the basis of our policy position.

The treaty continues to produce tangible results, bringing justice to victims in both the UK and US. Since 2016, the UK has sought and procured the extradition of 10 people from the United States. Among them were individuals accused or convicted of murder, manslaughter, sexual offences against children, rape and money laundering. Since the treaty came into force, the United States has never refused to extradite somebody sought by the UK.

Of course, the treaty also provides for extradition from the UK to the United States. Individuals accused and convicted of equally serious offences have been surrendered to the US under the treaty—individuals who would otherwise be free to wander the UK’s streets at liberty. Yet the treaty is also implemented in such a way that the UK’s courts are fully capable, should they see fit, to bar extradition where it would not be appropriate. As hon. Members are fully aware, the treaty does not guarantee that every person sought by the US will be extradited. Our courts are, rightly, active in ensuring that the interests of justice are defended, and have exercised their powers to bar extradition where they have found it right to do so. We are committed to continuing and maintaining our excellent level of co-operation with the United States in the ongoing fight against transnational crime. The treaty is a core part of that co-operation.

In closing, I would like once again to pass my thanks to my right hon. Friend for having secured time for these important discussions. I know he has met the Home Secretary to raise his concerns, both general and specific. As I say, we welcome his constant attention to our liberties—something to which we must all pay due care.

Question put and agreed to.