Extradition (Provisional Arrest) Bill [HL]

Lord Robathan Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 4th February 2020 Lords Chamber

[Lord Robathan (Con)]

My Lords, I am delighted to follow the noble Lord, Lord Hannay, because I agree with most of what he said—which, I think he will accept, has not always been the case. My noble friend the Minister has a galaxy of learned and expert people to speak on this Bill. It seems to me that the Government should be grateful that they are getting legal advice from three very learned retired judges. It would cost the Government a great deal of money if they had to ask for the advice, so I think she should be grateful.

My contribution will be much more modest. I say to the noble and learned Lord, Lord Judge, who speaks with great authority and expertise on these things, that I do not see that we need to be particularly concerned that China, let us say, should be allowed to extradite people under this measure. Given the problems that China has had with Hong Kong, which started off with extradition from Hong Kong to China, we would be unlikely to take that sort of decision. It seems to me, and others have said, that the Bill rightly and sensibly caters for the changes to the European arrest warrant now that we have left. The 24 hours within which somebody arrested under this has to be seen by a judge is reasonable. I agree with the noble and learned Lord—I will come to this later—that not all countries share the same standards as us. That also applies to European Union countries.

I support the Bill because it is sensible and very modest. So far it is certainly countries that we trust to abide by the rule of law that are included. For instance, Australia, New Zealand and Canada all take a great deal of their legal systems from us anyway—so, given the situation, it is not controversial.

Part 1 of the Extradition Act 2003 was about the European arrest warrant. I will concentrate on that, because it is more controversial. Like the noble Lord, Lord Hannay, I think the European arrest warrant can be hugely valuable. For instance, it gets nasty criminals out of the UK to face justice—paedophiles, drug dealers, murderers, whoever. That is all to be welcomed. I think the noble Baroness, Lady Ludford, said that in 2017 there were 15,000 or so requests to the UK; I thought it was more like 17,000, but I may be wrong. I think we issued fewer than 400, but with my limited knowledge of the internet I had some trouble getting the correct details.

I will concentrate on Romania, which I think is the country that issues the greatest or second-greatest number of European arrest warrants in the European Union. That may be a reflection of crime in Romania. I will concentrate first on the general situation and then on one case, which shows why we should be very wary of believing that, just because a country is in the European Union, it follows all the rules and values that we have in this country and follows the rule of law as we do. We assume that because a country is in the European Union, it abides by the rule of law.

I will not mention the case I know of for two reasons. First, it is sub judice and, although I believe that under parliamentary privilege I could mention it, it would be improper to do so. Secondly, I used to have—I stress that I used to have—a financial interest in the case, in that I was advising somebody on this. That ended several months ago, but again it would be straying into difficult territory if I were to mention the case in particular.

The issues I will raise now on Romania have all been covered in the press. I start with a newspaper article from 10 April last year. I mention only this one—there are many others—because its headline is: “Romania’s child traffickers walk free to mock the British police”. It was an operation called Golf, and the person in charge of it said:

“Let me tell you, there was tonnes of evidence against that gang … Dozens of child witnesses were interviewed, and we found hundreds of forged birth certificates. It beggars belief that all 26 suspects have walked free. On our side, we secured convictions, but Romania has not … If we cannot get Romanian courts to convict the most serious crimes it has an impact across the whole of Europe.”


The case that I know about concerns political interference and deaths in prison. The Prime Minister of Romania stated on television before an arrest that an arrest would happen. I think we would all agree that that would be completely improper in this country. The same person died in prison. That was surely political interference. I would say so, but so does the European Bar Association—the Fédération des Barreaux d’Europe—which mentioned in a resolution on 19 April 2018

“the right of access of Romanian citizens to a free and independent court and about the situation of judges, prosecutors and lawyers from Romania, noting that there is an interference with the independence of judges, prosecutors, lawyers and the administration of justice due to the intervention of Romanian Intelligence Service”

and called on the justice organisations to “cease the secret protocols” with the intelligence services

“and to restore independence of the judicial system by destroying also secret Protocols and … respect the right of Romanian citizens to a fair trial.”

If that was said about the United Kingdom, we would rightly be horrified.

The issue of prison conditions is more difficult. We would wish to send back a murderer from Romania, but I note that the European Court of Human Rights said some two and a half years ago that the detention conditions in Romanian prisons are in breach of the convention and

“a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights.”

As I said, the case with which I am dealing involved somebody dying in custody because he was not given proper treatment. In his judgment on that case, which, again, I will not name, a UK judge said not two years ago, after the events I have cited, that Romania was a signatory to the European Convention on Human Rights and that he was

“entirely satisfied that it will abide by its Convention obligations”,

which the European Bar Association and the European Court of Human Rights did not agree with.

I ask my noble friend the Minister: should we see some changes to the European arrest warrant, as I believe is likely, could we look very closely at the conditions in each country in Europe and at how they follow the rule of law? It is not just Romania, but I will not spread my wings too far on this. We need to make sure that other European countries are abiding by the rule of law as we see it before we admit them into what is already working under the European arrest warrant.