Extradition (Provisional Arrest) Bill [HL]

Lord Foulkes of Cumnock Excerpts

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

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, I have a question to which others may know the answer; forgive me if it is widely known. The Minister said in relation to Scotland that the court applicable was Edinburgh Sheriff Court. Can she let us know why Edinburgh Sheriff Court in particular was chosen, and why only Edinburgh Sheriff Court? Scotland is a very large country stretching from the border with England right up to Shetland. I wondered whether there might not be some practical problems if only Edinburgh Sheriff Court was applicable. So, what was the criterion and why only Edinburgh?

[Baroness Williams of Trafford]

My Lords, it has been Edinburgh Sheriff Court since the Extradition Act 2003 has been in place.

--- Later in debate ---

[Baroness Kennedy of Cradley (Lab) [V]]

My Lords, I support Amendment 2 in the name of my noble friend Lord Kennedy of Southwark. The amendment would put in place a process to properly consider and then stop extraditions to countries that abuse human rights. It would require consultation, a risk assessment and a statement by the Home Secretary before any new or amended treaty was agreed.

Clearly there are times when treaties need to be, or indeed should be, amended. For example, in its current state the US/UK extradition treaty does not offer confidence to British citizens that they will not be surrendered to the US, when the British justice system is both qualified and able to try relevant cases here without prejudice. I hope the Minister will agree that this is an area in need of urgent reform. When the Government make reforms of this nature, as I hope they will in this case, consultation and parliamentary scrutiny, as outlined in the amendment, are therefore critical.

The amendment would also ensure consultation with the devolved Administrations. There is a strong case for this as there will be certain powers in these Administrations relating to justice, policing and prisons that need to be considered.

Respect for human rights must be a priority consideration when changing or entering into a new treaty. The NGOs have direct experience of the countries concerned. They understand better any issues that arise from individual territories, especially regarding human rights records. They need to be consulted, which is what the amendment seeks to do. It would open up the decision-making process. Being transparent about why decisions were taken about individual countries, and allowing proper parliamentary scrutiny of those decisions, will build trust and confidence in our extradition system.

I turn to red notices. Time and again, international organisations continue to report the widespread abuse by some states of red notices for political ends—for example, to persecute human rights activists, refugees or critical journalists. This violates international standards and human rights. The Government should therefore be mindful of those countries that abuse red notices. Through the guarantees given in the amendment, the Government would signal that they recognised that red notices from countries that abuse the system have no legal value, and would show that, as a country and as a Government, we will help to protect those individuals targeted by such countries that abuse the system. I hope the Government will agree to support the amendment.

[Lord Foulkes of Cumnock [V]]

I am very happy to support this excellent amendment moved by my noble friend Lord Kennedy. I hope that if the Government do not accept it, he will press it to a Division.

The first aspect of the amendment is, as my noble friend Lady Kennedy has just spoken about, consultation with the devolved Administrations, an issue that I will come to in a moment, but also, rightly, with NGOs, as my friend also said. I had a lot of dealings with human rights NGOs and those involved with press freedom when I was general rapporteur on media freedom and the safety of journalists for the Council of Europe, and I found them very helpful for knowing up-to-date information about each country that we dealt with.

As far as the devolved Administrations are concerned, there is—with no disrespect to the noble Baroness, Lady Williams—an awful lot of talk of consultation but very little real, meaningful consultation with the devolved authorities. For example, on Covid recently, the Prime Minister talks about consulting but for a month now he has not chaired a meeting of COBRA in which the First Ministers have been involved. That is not the consultation that could be taking place, so we have to write it into legislation. The Joint Ministerial Councils, which ought to be working, are not working effectively, while the European arrest warrant was abandoned by this Government in spite of objections from the Scottish Government and other devolved Administrations. Consultation must be written into this.

The second reason I strongly support my noble friend Lord Kennedy’s amendment relates to the red notice system. I want to mention the terribly tragic death of Harry Dunn at the age of 19, with his whole adult life ahead of him, in a hit-and-run accident. It was really terrible. The driver of the car, Anne Sacoolas, an American citizen, the wife of a diplomat, escaped justice by fleeing from the UK back to America. That was disgraceful. Her diplomatic immunity itself was very doubtful. Can the Minister confirm that an Interpol red notice has been issued in relation to Ms Sacoolas? I think the Prime Minister has said that she should return, but what are the Government doing to insist on that and take action?

For those two reasons, I strongly support the amendment. As I say, I hope my noble friend will take real courage in his hands and call a Division on this matter if the Government refuse to accept his very strong and persuasive arguments.

[Baroness Ludford (LD) [V]]

My Lords, in Committee on 5 March the Minister said:

“The Government have no intention of specifying countries likely to abuse the system to political ends”—


that is, the Interpol system. Obviously, that was an important pledge, but it does not conflict with the need for Amendment 2 in the name of the noble Lord, Lord Kennedy, with an assessment of the risks and a statement confirming that the territory does not abuse Interpol red notices.

I also agree that devolved Governments and NGOs should be consulted. Fair Trials International, of which I have been a patron for two decades, has long campaigned to ensure that Interpol does better at filtering out abuses of its system before information is sent out to police forces across the globe. When abusive “wanted person” alerts slip through the net, victims should have redress through an open and impartial process. There is no court in which to pursue an appeal. Fair Trials has highlighted shocking cases of injustice and the devastating impact that these alerts can have on those affected. Bill Browder has said that your life as a human being is over.

Fair Trials has helped dozens of people who have been subject to abusive Interpol alerts from countries including Russia, Belarus, Turkey, Venezuela, Egypt, Sri Lanka and Indonesia. FTI has also worked constructively with Interpol to develop realistic reform proposals. It held a positive meeting with Interpol’s secretary-general, Jürgen Stock, to discuss reforming the red notice system.

In the context of mounting political pressure for reform, changes were introduced in 2015, when Interpol announced that it had taken the first steps towards implementing reforms, including the introduction of a new refugee policy. Then, in 2017, Interpol introduced a number of further reforms, including greater independence, influence and expertise of the supervisory authority, the CCF; better transparency and respect for equality of arms; reasoned and public decisions on individual cases; and a working group to review red notice operations.

The Minister said, again on 5 March, that

“the UK is currently working with Interpol to ensure that its rules are robust, effective and complied with. The former chief constable of Essex was recently made the executive director of policing services for Interpol, the most senior operational role in that organisation. A UK government lawyer has also been seconded to the Interpol legal service to work with it to ensure that Interpol rules are properly robust and adhered to by Interpol member states.”—[Official Report, 5/3/20; col. 364GC.]

Can she tell us any more about what further changes and reforms have been introduced since 2017 to prevent abuse? Although that is essential, I still hope that she can tell us that she will accept Amendment 2.