Extradition (Provisional Arrest) Bill [Lords]

Steve Baker Excerpts

2nd reading & Programme motion: House of Commons & 2nd reading: House of Commons & Programme motion
Monday 22nd June 2020 Commons Chamber

[Daisy Cooper (St Albans) (LD)]

I want to address the question of whether and how the Bill could be used after the end of the Brexit transition period. For 16 years, the European arrest warrant has been Britain’s best crime-fighting tool. It is significantly faster and cheaper than its predecessor arrangements, and it may well be faster and cheaper than what might replace it. The Minister was at pains to highlight the limited scope of the Bill, but the Government themselves have suggested that the Bill could be used to extend extradition arrangements to other countries, including EU countries after transition ends and our membership of the European arrest warrant ceases. The Bill focuses only on extraditing criminals from the UK, but it is clear that this could be used as a basis for striking bilateral deals in the future.

The Government will know that Germany, Slovenia and Austria do not extradite their own citizens to other countries, with the sole exception of its being done under the European arrest warrant. What kind of arrangements do the UK Government hope to operate in those cases? If EU countries do not want to sign bilateral extradition deals, the UK could become a haven for criminals. The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), herself warned in 2014 that leaving the European arrest warrant made the UK potentially a “honeypot” for all of Europe’s criminals on the run from justice. Similar concerns were raised in the House of Lords just last week in the context of this Bill.

The Government have said that they are committed to the European convention on human rights, yet they are refusing to formalise that commitment, even though that jeopardises our chances of agreeing a deal on extradition and other security issues. If the Government are genuinely committed to keeping the European convention on human rights, why not put us in a stronger negotiating position by making that commitment clear? We are four years on from the Brexit vote, with no agreed plans on what will replace our best crime-fighting tool, which we are due to lose in less than six months.

When the UK was a member of the EU, we participated in about 40 free trade agreements with more than 70 countries. We are now about to embark on renegotiating some of those from scratch. If the UK seeks to do valuable trade deals with a country that has a poor human rights record, to what extent will the Government be prepared to soften their extradition arrangements in favour of that country in order to secure that deal? What mechanisms will the UK put in place to ensure that that does not happen, so that we do not make ourselves vulnerable to the possibility of having to extradite people to countries with poor human rights records, where we do not have confidence in their justice system? I agree with the shadow Home Secretary, the hon. Member for Torfaen (Nick Thomas-Symonds), who said that the amendments passed in the House of Lords were the most effective way to uphold our commitment to human rights, and the Liberal Democrats support them.

[Mr Steve Baker (Wycombe) (Con)]

I have listened carefully to what the hon. Lady has said, and I have to tell her that I do not have much confidence in the justice system in Romania, bearing in mind the Adamescu case. Surely she must appreciate that within the EU there are severe shortcomings with the European arrest warrant scheme.

[Daisy Cooper]

That is one example that backs up the justification from the shadow Home Secretary earlier about why we should be dealing with individual applications from individual countries, so I see the hon. Member’s point as an argument in favour of the amendments that the Lords brought forward last week.

But we are discussing this Bill, which on paper is very limited in scope but which we know could be used more widely at the start of next year to create extradition arrangements with EU countries if those other fast-track deals are not done. Given the sombre statement that we have just had from the Home Secretary about a suspected terrorist act on our own soil, and the importance of ensuring justice for all those affected by that incident, it seems barely believable that we are now discussing an incredibly limited Bill that might, albeit not by design, become a poor and incomplete replacement for the European arrest warrant, our best crime-fighting tool, which we might lose in just six months, putting the UK at risk of becoming a “honeypot” for Europe’s criminals.

--- Later in debate ---

[The Solicitor General (Michael Ellis)]

I am hopeful that all Members can unite in a common commitment to protect the British public, and I am pleased to have the shadow Ministers, Labour Members and, indeed, other Opposition Members’ support in that.

This is about helping UK policing. I am sure we can all recognise without hesitation the increasingly global society in which we live, and we are sadly all well aware of the threats we face from cross-border criminality. I am confident that this legislation will make the United Kingdom safer. The Bill will ensure that where a person is wanted for a serious offence by a trusted country—I repeat, because those are operative terms: a serious offence by a trusted country—our police have the power, then and there, to get them off our streets, into the court system and before a judge here in the United Kingdom.

[Mr Steve Baker]

I am sorry that I missed the opening speech. Will my right hon. and learned Friend assure me that, as a country outside the European Union, we will not repeat the error forced on us as a member state of thinking that the integrity of the justice systems in all EU member state countries are of an equally high standard? We might, for example, recognise that the Adamescu case in Romania, which I mentioned earlier to the hon. Member for St Albans (Daisy Cooper), demonstrates that some countries are not fit to be included in the list.

[The Solicitor General]

As my hon. Friend knows very well, changed arrangements now with the European Union allow this country to conduct itself with fresh ideas and fresh considerations. But it is important to recognise that the Bill applies to a limited number of countries, with which we have an extremely good relationship, and in which we have considerable trust. Indeed we have considerable experience of their processes and judicial systems.

I just want to touch on a couple of remarks made in this brief debate by hon. Members from across the House. My hon. Friend the Member for North West Durham (Mr Holden) talked about the Bill being not before time. He is right to say that. He supports the mechanisms, including the statutory instrument mechanisms, which will allow an ease of process for the Bill going forward.

The hon. Member for St Albans (Daisy Cooper) talked about the Bill not being about the European arrest warrant and she is right. This is a matter of supporting our police here in the United Kingdom. Clearly, we are involved in negotiations, but nothing is more important, as she will recognise, than the safety of our people. The Bill is limited in scope, but it is important.

The hon. Member for Strangford (Jim Shannon), whose interventions in this House are always very welcome, mentioned, rightly, that the countries in the Bill are trusted partners. I am very pleased that he welcomes it.

The shadow Minister, the hon. Member for St Helens North (Conor McGinn), spoke in similar terms. It is important that on these measures, especially in times like these, we can speak as one about the security of the people of this country and recognise that the legislation does not change any other part of the subsequent extradition process. All the safeguards that currently exist in extradition proceedings in this country, set out under part 2 of the Extradition Act 2003, will continue to apply. The Bill does not do anything to change that. The courts will have the same powers and protections as they do now, including the fact that they must ensure that a person will not be extradited if doing so would breach their human rights in any way; if the request is politically motivated; or if they would risk facing the penalty of death. Our courts can be trusted—the examples are legion—to make sure that the provisions are adhered to.

The Bill seeks to deal with a very simple issue. Currently, as the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster) mentioned in opening the debate, a potentially dangerous wanted individual who is known to the police can potentially remain at liberty on the streets of this country, able to offend, able to reoffend and able to abscond. Examples exist where that has happened. The new power will see people who are wanted by a trusted country for a serious crime, and who may be a danger to the public, off our streets as soon as they are encountered.