Foreign Fighters and the Death Penalty

Patrick Grady Excerpts

Thursday 11th October 2018 Commons Chamber

[Mr Wallace]

My hon. Friend makes an important point and reminds us that we have to balance everyone’s rights—the rights of my constituents to go about their business securely and safely and their right to life against the rights of other people to a fair trial and not to be subject to torture and other conditions. There are no easy solutions. Where we find we have the powers to deal with individuals we explore all of them, including deprivation of citizenship, royal prerogatives to prevent people travelling and prosecuting people in a United Kingdom court, as we have done in some cases where we have the evidence to do so. We recognise that over many decades there has been a deficiency in offences on the statute book such as in extra-territorial legislation; sometimes we might have evidence of travel but the intelligence cannot be submitted in court. That is why in the Counter-Terrorism and Border Security Bill, which I am pleased to say the Opposition support, we have sought to improve the statute book so that we do not face problems like this in the future.

[Patrick Grady (Glasgow North) (SNP)]

The Government are tying themselves in knots over this. If it is the Government’s position, as the FCO reaffirmed yesterday on World Day Against the Death Penalty, that they oppose the use of the death penalty in all circumstances as a matter of principle, it stands to reason that, no matter how heinous and barbaric the alleged crimes are—and they are—if individuals are brought to justice, they should be not subject to the death penalty.

If that is the Government’s position, why are they not willing to state that clearly and seek the assurances from the US Government that others suggest we should ask for? What is the point of the special relationship if we cannot speak clearly and honestly to what is supposed to be our closest ally?

Can the Minister confirm whether the US or other allied countries were the subject of the two other cases that have been raised in which assurances were not sought?

[Mr Wallace]

It is the policy of this Government to seek justice for the victims, in accordance with not only our principles but the OSJA guidance, which is the published policy of this Government, introduced under the coalition Government in 2011. I asked whether I had received any representations from any Member of the House on the OSJA guidance while I have been Security Minister or whether my predecessor had. I have not seen anybody take issue with that guidance.

Our key aim is to seek justice. Our preference for Mr Elsheikh, for example, would have been to seek justice in this country if we had the evidence. The CPS was clear that it did not have the evidence to try them in this country. That was a challenge for us. Opposition Members say, “We want to see justice for everyone,” but I have yet to hear a solution from them or what they would do in this type of case, other than to just let these people go who would ultimately wreak havoc and death on the streets of Syria, Iraq or the United Kingdom.