Extradition Treaty: UK and the State of Kuwait

Lord Cashman Excerpts

Tuesday 30th October 2018 Lords Chamber

[Baroness Goldie]

I would take great pleasure in doing that. I am just talking about the first paragraph, Article 3(1)(a), which I think the noble Lord read out. My understanding is that the specific reference to sex, or indeed to status, is intended to ensure that persons are not wrongly persecuted for their sexual orientation and that extradition under this treaty shall be refused in any such cases. I hope that that clarifies the understanding of the position.

[Lord Cashman (Lab)]

Can I seek a further reassurance? As regards the reference to “other” status, as in the UN Declaration of Human Rights, in my dealings with some African, Caribbean and Pacific countries I have noted that some significantly fail to recognise that “other” status includes sexual orientation.

[Baroness Goldie]

I have described the grounds on which extradition under this treaty would be refused. As your Lordships will be aware, the exercise of extradition is a matter for both the Home Secretary and the courts. The courts must consider the actual application. That is our interpretation of what the phrasing means.