Prisoner Transfer Agreements

Lord Avebury Excerpts

Tuesday 15th February 2011 Lords Chamber

[Lord McNally]

In some cases we have agreements with the countries of origin. Where we do not have agreements, obviously we cannot send those prisoners back. We have recently concluded an agreement within the EU that will come into force on 5 December this year which will extend that two-way process to 27 countries. There is also a protocol with the Council of Europe which extends to 34 countries, so we are building this up. We are seeking other bilateral arrangements which will allow such exchanges.

[Lord Avebury]

My Lords, I appreciate that officials are now considering whether amendments to the Anglo-Thai prisoner transfer agreement might be drafted to bring the time British nationals spend in prison following transfer into line with that required by other European countries. What does my noble friend think of the suggestion that we should approach the Thai Government at ministerial level with a view to getting round a table and eliminating all the random variations among sentences served under the present arrangements? Better still, since my noble friend has explained that the US and some other countries refuse a prisoner a transfer when they think that it will result in an unacceptable reduction in the time actually served, could we propose an international conference of states that participate in PTAs to discuss ways of eliminating anomalies that may arise?

[Lord McNally]

I will certainly take back to my right honourable friend the Secretary of State the idea of an international conference, which I presume would also come within the bailiwick of the Foreign Secretary. The key thing to remember, however, is that the idea of the prisoner exchange is for prisoners to have the right to return—for most British prisoners, to return to Britain to serve their sentence is a considerable advantage in the first place—so the aim is not to second-guess the authorities in countries where they have committed offences. It is important that we keep that in mind.