Extradition (Provisional Arrest) Bill [HL]

Lord Blunkett Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Monday 15th June 2020 Lords Chamber

[Lord Anderson of Ipswich (CB) [V]]

My Lords, in Committee, my noble and learned friend Lord Hope of Craighead said of this amendment that it meets the problem of the non-amendable instrument, without at the same time creating an insuperable difficulty for the Government, and that it enables a debate to take place that would have a real point to it. The fact that there may be precedents in other Acts of Parliament for lumping countries together in statutory instruments seems to be neither here nor there.

This amendment ought really to be welcomed by the Government. It removes the possibility that acceptable countries will be excluded because they have been yoked together with a country that Parliament finds unacceptable. The amendment is a sensible and practical safety valve, which is why I put my name to a previous edition. If the noble Baroness, Lady Hamwee, decides to test the opinion of the House, I shall vote for the amendment.

[Lord Blunkett (Lab) [V]]

My Lords, as the noble Lord, Lord Paddick, said, the simpler the amendment, the more repetitious we become. But I want to go back to 2003, which was mentioned by the noble Baroness, Lady Hamwee, in the debate on the previous amendment, and to the Act that I piloted through, with the support of an excellent Home Office team. The noble Baroness called it a “mighty beast”, which it was; it was extremely difficult, as were other mighty beasts of that year, including the Criminal Justice Act, the Proceeds of Crime Act, the Sexual Offences Act, and the Domestic Violence, Crime and Victims Act. When I look back on those days, I wonder when any of us slept. We were, quite rightly, taken to task: we leaned on legislation too quickly.

However, in a simple amendment such as this one, we have clarity of thinking, as the noble and learned Lord, Lord Judge, indicated, and as the noble Lord, Lord Anderson, reinforced. There is a simple, clear reason why, 17 years on from the original Extradition Act, we should take this sensible step, which avoids the Government not being able to carry an order for countries with which we would be extremely pleased to have extradition arrangements because another country listed is unacceptable to us. Turning it on its head, on the danger of agreeing a country that we do not wish to have an extradition agreement with, and being unable to get Parliament to agree to an order that it would otherwise want to go along with, it makes absolute sense for the Government simply to concede.

I repeat what I said last week: I have a great deal of respect for the Minister. I hope that, even at this late stage, texts might be going from her staff to the Home Secretary to say, “Please give permission to concede on this, because we oppose it for no good reason whatever”.

[Lord Kennedy of Southwark [V]]

My Lords, I support Amendment 3, tabled by the noble Baroness, Lady Hamwee, and the noble and learned Lord, Lord Judge. As noble Lords have heard, this issue has been considered by the House as the Bill has made its progress through the various stages. What is proposed here today is simple, effective and, I contend, good government.

Surely it must be right that when we are designating countries that we wish to form an extradition agreement with, after the detailed work has taken place, Parliament should have the opportunity to accept or reject the designation for an individual territory. Parliament generally, and this House in particular, does not often vote down regulations. We may pass Motions to Regret or debate the merits of what is proposed, and many may express deep reservations, but fatal Motions are very rare.

This amendment is important; it is good practice and what good government should be all about. It guards against this or any future Government, of whatever political persuasion, seeking to group together a number of countries and push them through en bloc where, for example, nine of the 10 countries proposed have good reputations, a good track record and respect for the rule of law, do not persecute dissidents, do not abuse human rights and do not abuse Interpol red notices, but the remaining country has a more questionable record on one, or a number of, the issues I have raised. In such a case, it would be wrong for the Government to try to force through an agreement under the cover of Parliament not wanting to reject the other territories, and would give the country about which questions have been asked some form of protection that it does not deserve, making the approval a fait accompli. Parliament should, in all circumstances, guard against that.

If passed, this amendment would allow Parliament, on the rare occasion that it rejects regulations, to do so quite clearly on the record of the individual territory that the Government propose to sign an agreement with. That is right, proportionate and the sensible way to deal with this important part of public policy; no other agreement will be put at risk. It is good government, and I hope noble Lords will support the amendment if it is put to the vote.