Extradition

Tom Brake Excerpts

Thursday 24th November 2011 Westminster Hall

[Tom Brake (Carshalton and Wallington) (LD)]

I will be brief, first because, regrettably, I have a prior engagement. I apologise to the Minister and the Opposition Front-Bench spokesman for being unable to be present when they respond to the debate. However, I will read Hansard carefully, because the Minister has a dilemma. An independent review has taken place, and probably all right hon. and hon. Members who have spoken wish that the outcome of that review was slightly different. I hope that Hansard will reveal how the Minister intends to take the matter forward.

My second reason for being brief is that many right hon. and hon. Members have made pertinent and cogent points, and have explained why the situation is not palatable or acceptable. In particular, my right hon. and learned Friend the Member for North East Fife (Sir Menzies Campbell) set out the concerns with the clarity and precision for which he is renowned. I hazard to say that he used an analytical and forensic approach, something that he thought the Chamber would have no appetite for, but I think it did. There is clearly an appetite in the Chamber today for the matter to be pursued in the House in the near future, with a debatable motion that can be voted on. I would welcome that.

The Liberal Democrats have a history of supporting campaigns to prosecute UK citizens in UK courts, and most notably in cases such as the NatWest three in 2006 and that of Gary McKinnon. My right hon. and learned Friend played a central role in pushing that. In 2009, while in opposition, our leader, the Deputy Prime Minister, said that Gary McKinnon’s extradition would amount to a travesty of justice. He also said that the US-UK extradition treaty is lop-sided. I support that position and agree with that description. The treaty is lop-sided, and the same could be said about the European Union and the European arrest warrant. However, we must adopt a balanced approach to those arrest warrants, and right hon. and hon. Members have referred to cases in which constituents have been extradited, describing the impact on them. Equally, some hon. Members know of British citizens such as a constituent of mine whose son was seriously assaulted in Greece and nearly died as a result. Those who were believed to be responsible were British citizens who were subsequently extradited to Greece using a European arrest warrant. We must adopt a balanced approach.

It is clear from the debate that right hon. and hon. Members on both sides of the Chamber believe that agreements, particularly with the US and the European Union, have stripped the UK of many discretionary powers, and have arguably sacrificed the rights of British citizens for the sake of better relations with the EU and the US.

One contribution that I should highlight is that of the hon. Member for South Dorset (Richard Drax), who is no longer in his place. He made an unfortunate reference to “so-called” human rights. As citizens, we have intrinsic human rights, and referring to “so-called” human rights denigrates our fundamental rights, which we should be proud of.

Sir Scott Baker’s report explains that, in his view, there is much confusion and misunderstanding about how extradition works, and he rebuts the calls for a change in the law, particularly in cases such as that of Gary McKinnon. I do not agree with his findings, but the review is independent, so dissent is legitimate, if not encouraged. That is why I shall read carefully what the Minister says about that independent review.

[Keith Vaz (Leicester East) (Lab)]

I understand that the Deputy Prime Minister, in his capacity as leader of the Liberal Democrats, has set up a party review under the chairmanship of the right hon. and learned Member for North East Fife (Sir Menzies Campbell). Can the hon. Gentleman tell the House when that review is likely to report?

[Tom Brake]

I thank the right hon. Gentleman for his intervention. My right hon. and learned Friend may want to intervene to provide clarity on when the panel will report.

[Sir Menzies Campbell]

As soon as possible.

[Tom Brake]

I thank my right hon. and learned Friend, who has responded in true ministerial mode. The panel will respond as soon as possible.

Sir Scott Baker’s conclusions do not take into account the emotional strain that is put on individuals and families involved in extradition cases. His findings draw conclusions about, for example, whether a forum bar would have been used in historic cases, which are difficult to substantiate. He also suggests a periodic review of arrangements with certain countries, such as Russia or Azerbaijan, with which I feel very uncomfortable. I welcome the fact that my right hon. Friend the Deputy Prime Minister, the leader of the Liberal Democrats, has asked my right hon. and learned Friend to set up a panel, which will report as soon as possible.

I will not refer to the Joint Committee on Human Rights, because many other hon. Members have done so. I shall simply conclude by thanking Sir Scott Baker for his review, although I do not accept his findings. I therefore welcome and endorse the panel that is being established under the leadership of my right hon. and learned Friend. I hope that that panel will make recommendations to address the imbalances that we identified in opposition and which, because we have taken no action so far, remain and must be rectified.