House Of Commons
Tuesday 25 March 2003
The House met at half-past Eleven o'clock
Prayers
[MR. SPEAKER in the Chair]
Oral Answers To Questions
Foreign And Commonwealth Affairs
The Secretary of State was asked—
Iraq
1.
What recent discussions he has had with representatives of the Kurdish people about the situation in northern Iraq. [104459]
2.
What plans he has to ensure long-term stability in Iraq. [104460]
I know that the whole House will join me in extending our profound condolences to the families of the servicemen who have been killed in the conflict or who are missing in action.
Coalition forces are making steady progress towards our objectives. As my right hon. Friend the Prime Minister spelled out to the House yesterday, we are determined to pursue this campaign in a way that minimizes the suffering of ordinary Iraqis and safeguards the wealth of the country for the future prosperity of all its people; and to make this an action not of conquest but of liberation. On the situation in the north, Ministers and officials are in regular contact with Kurdish leaders and with the Government of Turkey. On long-term stability, my right hon. Friend the Prime Minister set out last week our vision for an Iraq which is stable, prosperous, at peace with itself and its neighbors and able to play a full role in the international community.Yesterday, many Members posed questions to the Prime Minister on their concerns about Turkish incursions into northern Iraq. My right hon. Friend the Foreign Secretary will recognise that those anxieties are especially heightened by the massing of Turkish troops on the border. What efforts are being made to ensure that this potential disaster is thwarted and that the Truks, as well as the Kurds, realise that such moves would serve to benefit them neither now nor in the future?
My hon. Friend raises an important issue about the stability of the border area between Turkey and the Kurdistan-controlled part of Iraq and the need for restraint both by the Kurds and Kurdish leaders and the Government of the autonomous Kurdistan region of Iraq and by the Government of Turkey. As I have indicated, we have held extensive discussions not only with Kurdish leaders but also with the Government of Turkey. I spoke face to face with Foreign Minister Gul at the European Council in Brussels last Friday and we continue to urge the Turkish Government to show maximum restraint and to understand that, as my hon. Friend says, it would not serve their interests any more than the interests of those within the Kurdish area if aggressive military action were to be taken by Turkish forces.
How long does the right hon. Gentleman expect it to take for good governance to be established in Iraq post-conflict, bearing in mind that resources will be available from frozen assets and potential oil revenues to establish humanitarian and regeneration priorities? Moreover, does he agree that it would be wholly unacceptable for countries that refuse to join the coalition to free Iraq from tyranny to benefit commercially from its reconstruction?
I cannot give any indication of when we anticipate that the military action will be concluded—that is the nature of warfare. On the establishment of good governance thereafter, we believe that can happen pretty rapidly. The Iraqis are a talented people; they have a basis for public administration and reasonable communications. Unlike Kosovo or Afghanistan, Iraq is a rich country and billions of dollars are lying idle in escrow funds in New York—United Nations funds—because the Iraqi Government have failed to unlock them. I am optimistic about the establishment of good governance as soon as the conflict is over.
Is it not the case that the Turks have also been helpful to the Kurds of northern Iraq in the past by allowing their bases to be used for the planes that police the no-fly zones, so some gratitude should be shown to the Turks at the same time as saying to them very clearly that there is no reason for them to cross the border into northern Iraq? There is no perceived threat any longer from the PKK since its leader was locked up two years ago; nor is there a necessity to provide refugee camps inside the Kurdish border of northern Iraq when there is no perceived refugee movement towards the border with Turkey.
I am grateful to my hon. Friend, who correctly acknowledges from her position of great authority on this subject that the Turkish Government have played a constructive role to try to calm tensions between the Turkish community on one side of the border and the Kurdish community on the other. We look to them to continue to do so. In my discussions last Friday with Foreign Minister Gul, he went out of his way to explain that the Government of Turkey had done their very best to keep contact and maintain co-operation with Kurdish leaders.
On refugee camps, the situation on the ground has changed markedly compared with 1991, when 500,000 Kurdish refugees went across an undefended border into Turkey because at that stage that area of Iraq was under the control of Saddam. Now it is not. None the less, we acknowledge the anxieties of the Turkish Government about refugees, which is one of the many reasons why we maintain such close contact with them.May I first associate the Opposition with the Foreign Secretary's condolences to those who have lost loved ones in action in Iraq?
Can the Foreign Secretary assure the House that post-Saddam Iraq will be run by a genuinely representative Administration, who will preserve and foster new democratic systems such as that in northern Iraq, will avoid creating permanent and subjugated minorities and will not been seen merely as a surrogate for rule by America, Britain or both? How confident is he that the United Nations will become involved in the reconstruction of Iraq and the stability of its Administration? The liberation of Iraq is being won by America, Britain and the rest of the coalition, despite the French and the European Union. Will the right hon. Gentleman ensure that any UN participation in reconstruction will actually reflect hat fact?I am confident that the Iraqis will be able to establish good, representative governance. That confidence is based on the innate talents of the Iraqi people, but specifically on the agreement that was reached in the Azores between Prime Minister Aznar, President Bush and the Prime Minister, who agreed—this was reflected in the motion passed by the House a week ago—that we would seek the adoption of a new UN Security Council resolution that would affirm Iraq's territorial integrity, ensure rapid delivery of humanitarian aid and reflect and endorse an appropriate post-conflict Administration for Iraq. There are differences in the EU about the conflict, as is well known, but I am glad to say that a constructive approach to the provision of aid and humanitarian relief was shown by our EU colleagues at the European Council meeting last Thursday and Friday.
What assessment has the Foreign Secretary made about the effects of the war on the wider region? What information has he received about the possibility of disruptive intervention in Iraq by Iranian militia, and what plans are there to forestall that? What hope is there that Turkey as a friend and colleague in NATO will work, if not under the coalition, at least with the coalition in any use of its armed forces in or around northern Iraq? What steps is the Foreign Secretary taking to persuade Iraq's Arab neighbors that a benign and prosperous Iraq, instead of pumping poison into the surrounding region, could help to spread prosperity and peace throughout the Arab world?
To take the last point first, it is well known that, in public, Arab leaders—for example, at the meeting of the Arab League in Cairo yesterday—with the single exception of Kuwait have taken a public position of criticising coalition action. However, that public position disguises a very wide range of private opinions held by those leaders and, indeed, by those on the street as well. I think that once the coalition action has been successful, we will see a very significant shift, both by the leaders and by those on the street.
On the reports about Iranian militia incursions into Iraq, we have no basis of evidence at all to substantiate what we regard as poor reports in the media. I have seen no evidence about that whatsoever. Moreover, we have good relations with the Government of Iran, and only last Thursday I was in touch with the Foreign Minister, Kamal Kharrazi, talking about this and other matters. On Turkey—well, Turkey is an important NATO ally, and it has faced its own difficulties about the extent of military co-operation, which we understand. At the same time, its Parliament has agreed to overflight facilities for US and UK forces.The Arab leaders will have heard the British Foreign Secretary just publicly brand them as liars, but on that subject, the British military spokesman said to the BBC yesterday, "We expected a lot of hands up, but it hasn't quite worked out that way." Is not the Government's problem that the weapons of forgery, plagiarism, fabrication and lies that they have fed the people of this country and the world have become boomerangs, which are now cutting, alas, not the bodies of the donkeys who sent our people into battle, but the lions who are having to stand and fight in defence of the British Government's lies, forgery and deception?
I would find my hon. Friend's extravagant rhetoric more convincing if only I did not recall that he used exactly the same rhetoric in respect of the military action in Afghanistan, and predicted that there would be a world war that went on for at least a year or two years—
You said it would be over.
Order.
A year ago, you said it would be over.
Order. The hon. Gentleman put the question. I cannot help the reply that he gets. He cannot complain about the reply.
Over past years, Iran has been host to 3 million Afghan refugees and about 500,000 Iraqi refugees. One can therefore understand its reluctance to have an open border towards any refugees resulting from the current situation. Would the Secretary of State not agree that any post-Saddam Iraq, in terms of humanitarian aid, must take into account the situation with Iran? What discussions has he had with the Iranian Government and the United Nations High Commissioner for Refugees about the possibility of the establishment of up to 10 camps run by the Iranians within Iraq?
I have had no specific discussions with the Iranian Government about the establishment of such camps. As the hon. Gentleman will know, I have made a great deal of effort in the past two years to improve relations with the Government of Iran. Indeed, I have visited Tehran on three occasions in the past 20 months, and I look forward to further visits. The Iranians, of course, know more about the terror and evil of the Saddam regime than almost any other peoples in the world, because they lost so many innocent people, not only through conventional warfare but through chemical warfare, during the Iran-Iraq war, and they have suffered from instability on both sides of their border. The issue is therefore the subject of continual discussion between me and my colleague and friend Kamal Kharrazi, the Iranian Foreign Minister, and, day by day, between our ambassador and his staff and the Iranian Foreign Ministry and other ministries in Tehran.
I have said to my right hon. Friend previously that one of the principal reasons why I am against the invasion of Iraq is that the down side will inevitably be greater than any benefit. In relation to the question that he was asked about northern Iraq, we all know now that Turkish forces have crossed the border, although probably 2,000 to 3,000 Turkish troops have been there for a number of years. The real crunch will come when Turkish forces inevitably get involved in a military combat with the Kurdish forces. In the representations that my right hon. Friend has made to the Turkish Government, has he indicated whether Britain and America would be prepared to take military action on behalf of the Kurds against the Turkish invading forces in the north?
I understand that my hon. Friend has a different point of view from ours, and this is an issue of trying to balance the advantages and disadvantages of military action. I do not, however, share his view that Turkish forces will "inevitably" get involved in military action against the Kurds. That is a distant possibility, and we are using every endeavour, in co-operation with the Government of Turkey and Kurdish leaders, to ensure that that does not happen. I would only say that the experience of northern Iraq gives me very great optimism about the future of Iraq without Saddam Hussein. Despite all the opposition to the no-fly zones and that action, it is incontrovertible that the introduction of the no-fly zones enabled there to be a Kurdish autonomous region. On every single indicator, in terms of child health, schooling, nutrition and freedom, that Kurdish autonomous zone, freed from the terror of Saddam Hussein, has been infinitely better than that part of Iraq that remains under the cosh of Saddam Hussein.
Middle East
3.
What recent discussions he has had with the Prime Minister of Israel regarding the proposed road map to peace. [104461]
10.
What initiatives he is undertaking to bring into existence a fully internationally recognised state of Palestine. [104468]
11.
If he will make a statement on his middle east policy. [104469]
12.
If he will make a statement on the Government's current activities in seeking a middle east peace settlement. [104470]
13.
What steps the Government is taking to promote the establishment of a Palestinian state and the withdrawal of illegal settlements. [104471]
I discussed the road map with my Israeli counterpart, the new Foreign Minister Silvan Shalom, on 21 March. The United Kingdom Government are committed to the establishment of a viable state of Palestine living in peace alongside a secure state of Israel, as provided in Security Council resolutions 242, 338 and 1397. This is achievable through full implementation of the Quartet road map, which was published, after the approval of Abu Mazen's Government, by the Palestinian Legislative Council.
In recent months, we have worked with the Palestinians on their reform effort, notably through meetings in London on 14 January and between 18 and 20 February. We have encouraged President Arafat to appoint a Prime Minister. We are grateful that he has and, by doing so, he has helped to clear the way for road map publication. The first phase of the road map includes a requirement on Israel to take specific steps to halt settlement activity, which is illegal under international law and plainly an obstacle to peace.I thank the Foreign Secretary for that reply. When can we except phase 1 of the road map to be implemented and, especially, when will the Israelis and Palestinians give a commitment to the two-state solution? Will he comment on, and tell us what lies behind, Prime Minister Sharon's remarks in the Knesset that the road map is a matter of "controversy"? Does the right hon. Gentleman agree that peace in Israel and Palestine cannot be achieved by going down the path of bulldozing settlements and homes in acts of collective retribution and justice or down the path of suicide bombers, but that the road to peace must be a two-state solution that is agreed and signed up to in full with no amendments?
The important thing is to get the road map published and for both sides to start work on its implementation with the facilitation provided by the Quartet. I cannot give specific time scales, but the hon. Gentleman knows that the aim of the road map is to move away from present divisions and conflict towards a situation in which there are two states in a relatively short time.
A viable and separate state of Palestine is controversial in sections of Israeli politics but also in parts of the Arab world. Some people in the Arab and Islamic world take the view that there should be a one-state solution. However, a two-state solution has been agreed, it is part of international law under resolution 1397 and it is our duty to ensure that it is implemented. I agree entirely with the hon. Gentleman's remarks about suicide bombers and the bulldozing of people's homes in the settlements. We must end the spiral of violence and destruction. The only way the 6 million people in Israel and the 3.5 million people in the occupied territories can live together is by living in peace, which is the aim of the road map.What commitments has the Foreign Secretary received from Abu Mazen that he will end Palestinian terrorist activity?
I have not spoken to Abu Mazen since his appointment, although I spoke to him before that. We regard him as a fine politician and statesman who is fully capable of leading the Palestinians. He is committed, as is the rest of the Palestinian Authority, to a peaceful path. The Palestinian Authority will be required to take firm security action against the terrorist organisations, but some of the Arab states that neighbour Israel and the occupied territories have an even greater responsibility to end the funding and support of terrorist organisations. Of course, ore of those countries is Iraq.
Does the Foreign Secretary accept that providing for a secure Palestine with recognised and secure boundaries, in addition to a secure Israel, is the greatest contribution that could be made to peace in Europe and Asia, as well as in the middle east? If so, will he explain why phase 1 of the so-called road map appears to require a withdrawal by the Israelis to the position as of September 2000? Will he confirm that Government policy is still for all occupied territories to be returned to the Palestinian Authority and that Israel should have returned to its 1967 boundaries by the end of the three phases?
If we are to get from where we are to where we want to be, there has to be a phasing of it. The first stage needs to be a withdrawal by the Israeli defence force and other security forces from area A, which represents the occupied territories previously and effectively controlled by the Palestinian Authority. Our policy remains that very clearly laid down in resolutions 242, 338 and 1397: a return to the 1967 borders—there may be some amendments to those, but a state based on the 1967 borders—an end to the settlements, a solution to the refugee problem and a capital for a Palestinian state in Jerusalem.
There remains some scepticism in the Muslim community in my constituency over whether the United States Administration are genuinely committed to the peace plan and that the plan is required to be backed up by the United States using its influence over the Israeli Government to prevent the incursions that are taking place in Palestinian areas. What is required is an assurance not just from this Government but from the United States Administration that this will be a priority in foreign policy not only at the end of the Iraqi conflict but from now.
I understand the scepticism, which is shared by my own constituents and not just by my own Muslim constituents. It is incumbent on the United States Government, as much as it is on the other partners, to deliver on the road map. My right hon. Friend the Prime Minister has played an absolutely critical role in securing the creation of a road map and its earlier publication than anticipated. The middle east peace process will be one of the major items on the agenda for discussions that my right hon. Friend and I will be having with the United States Administration later this week.
Following that answer, does the Foreign Secretary accept that at a time when many Arabs in the middle east are believing Saddam Hussein's false propaganda that this is a war against Arabs, the acid test for moderate opinion in the middle east and for the very large Arab media, whose microphones we see before Saddam Hussein every day, will be the attitude to the Palestinian question and a genuine commitment to two states secure in their borders? Will the right hon. Gentleman finally accept that it is a measure of how far we in the west—America and Britain—have failed that we now see press reports that large numbers of Palestinians are among the Fedayeen fighting our soldiers at this very moment?
I have not seen those reports, but I accept entirely the burden of the hon. Gentleman's comments. Only a tiny handful of people in Iraq and in the Islamic world outside Iraq have anything good to say about the Iraqi regime and the terror committed by Saddam Hussein. At the same time, across the Arab and Islamic world there is a real palpable sense of injustice at the way in which the Palestinians have been treated. I know that all of us acknowledge and share that. That is why, if we are to ensure that there is not a terrible clash of so-called civilisations or religions, we in the west, with our power, have a profound duty to deliver justice to the Palestinians alongside security for the Israelis.
Although we are all delighted that the United Kingdom Government have played such a role in the agreement that has led to the road map—I think particularly of the actions of my right hon. Friend the Prime Minister—does my right hon. Friend the Foreign Secretary accept that people cannot go on talking about this road map for much longer without seeing what it is? Will he explain either what is impeding publication or what steps it is expected will need to be taken before it can be published?
I accept that there is a degree of impatience, which I have to say we share, about the publication of the road map. The approximate reason for its delay is this. It was due to be published in December, but because of the impending Israeli elections on 28 January, it was decided that its publication had to be delayed until an Israeli Government were in place. An Israeli Government are now in place, and we have almost got to the point of having a Palestinian Authority Government in place. We want to see the road map published the moment that the Palestinian Government are fully in place and have been approved by the Palestinian Legislative Council.
The whole House will note my right hon. Friend's choice of words to describe the delay in the publication of the road map. I am not sure that the whole Palestinian community would exactly go along with that choice of words, but I would like to deal with another major issue affecting the daily lives of Palestinians in the west bank and Gaza. Given that there has to be good will on both sides, can the Foreign Secretary tell us what evidence there is that the new Israeli Government are attempting to curtail the activities of their defence forces on the west bank and Gaza in their approach to the Palestinian community? The United Nations has made it clear that only 600 of the 10,000 houses that have been demolished have any connection whatsoever with any security operation, yet the Israeli defence force continues to demolish houses. What chance does the Palestinian community have if the Israelis are simply going to humiliate them daily?
Let me make it clear to my hon. Friend that the publication date of the road map is a matter to be decided by the partners in the Quartet, and is not the responsibility of either the Government of Israel or the Palestinian Authority. It is, as it were, our decision, not theirs. On my hon. Friend's second point, we continue to call for the Israeli defence force to show proper restraint. In all my conversations with Israeli Foreign Ministers—with B. B. Netanyahu and now with Mr. Shalom—I have emphasised not only that that is required under international law and simple human care, but that it is not in the interests of the Government of Israel or the reputation of the Jewish people to act excessively and outside international law.
Could my right hon. Friend give a more specific assurance about the role that the American Administration will play in the implementation of the road map? I am thinking specifically about the halting of the demolition of Palestinian homes and the removal of Israeli settlements in the west bank.
The US Administration are a key part of the Quartet. They are one of the four partners in the Quartet, and have signed up to the road map. It is known, of course. that Israeli politics and concern for Israeli security are a dominant theme in United States politics—that is just a fact of life. It is critical to build confidence among both the Israeli community in Israel and the Jewish community in the United States that their security is not going to be daily threatened by terrorism, particularly by suicide bombers. We have worked very hard with the Americans, the Israelis and particularly the Palestinian Authority to ensure that the maximum security action is taken against those terrorists. However, to return to the key point made by my hon. Friend, I believe that the US Administration are fully committed to the implementation of the road map, otherwise they would not have endorsed it. We shall press them, as with all the other partners in the Quartet, to press ahead with its implementation.
The Liberal Democrats, too, wish to associate themselves with the earlier comments of the Foreign Secretary and the shadow Foreign Secretary about the sad loss of members of the armed forces—our thoughts are with their families.
The Foreign Secretary properly emphasised the importance of the road map to peace in the middle east. Once the new Palestinian Government have been formed, the next step in the draft plan requires unequivocal statements from both sides recognising each other and ending violence against each other. In light of the many recent deaths in the region, does the Foreign Secretary believe that the parties are close to being able to make such statements? Does he agree with the Israeli Prime Minister's suggestion that the road map is still negotiable? At what point will it cease to be amendable?I can certainly express hope on the hon. Gentleman's first point. It is in the interests of both sides to live in peace, so they have to recognise that the only way to peace is a two-state solution. On the issue of amendment, yes, I am aware that there are those in Israel who want amendments, and I discussed that with Foreign Minister Shalom last week in a long telephone conversation. My point to him was that the road map is the property of the Quartet, not the Israeli Government or the Palestinian Authority. It is a framework: yes, some of its detail may of course be changed over time, but what we cannot see is any change to its fundamental principles.
My right hon. Friend the Secretary of State has referred to the scepticism of our constituents, both Muslims and others, over the middle east peace process, and particularly America's involvement in it, and by connection, its involvement in Iraq. Is my right hon. Friend able to tell the House what are the key ingredients of the road map that will give our constituents some confidence that it might succeed where so many other peace initiatives have failed?
Copies of the informal text of the road map, which has not yet been published, are available in the Library. There is no magic ingredient in the road map; it reflects a series of previous peace plans. What is required—I suppose that this is the difference—is a stronger international commitment to its implementation, and perhaps more robust international architecture, and a weariness on the part of the Palestinians, the Israelis and the international community with the idea that conflict provides any answer to the solution of this centuries old problem.
How far has the Foreign Secretary pressed upon the Israeli Government the importance of making urgent and even-handed progress towards the two-state solution, which those of us who are friends of both Israel and Palestine believe is the only way forward? In that context, is it not vital that nothing further is done now before publication of the road map that could block it by pre-empting negotiations and decisions? Does the right hon. Gentleman agree that that not only includes continuing settlement activity—I am sure that he welcomes, as I do, the small but significant dismantling of the outposts near Hebron yesterday—but must also include the continued development of the new security fence on boundaries that presumably can never conform to those in the road map? To clarify this, should not the road map be published immediately?
We continue to press the Government of Israel very hard on the principles of the road map. That comes up time and again in conversations with Israeli Ministers and representatives, but also, for example, and in a sense more powerfully, in the actions that the British Government decided to take when the Israeli Government decided to ban representatives of the Palestinian Authority from travelling to the London meeting. We decided that we would not simply accept, as it were, an attempt by the Government of Israel to cancel our meeting. Instead, we pressed ahead with it by using video links. I believe that that was an important milepost on the way to getting the road map published.
The right hon. Gentleman is right to express anxieties about the security fence, which unlawfully takes more land from the Palestinians, and in some instances, quite gratuitously, good agricultural land. That is unacceptable and we have made that clear to the Israelis. The road map needs to be published as quickly as possible. With a decision by the partners in the Quartet, it will be published as soon as Abu Mazen's ministerial team is confirmed by the Palestinian Legislative Council.Iraq
4.
What assessment he has made of the links between the Iraqi regime and terrorism in the middle east. [104462]
The Iraqi regime has supported, trained and financed the Mujaheddin-e Khalq Organisation terrorist group and encouraged terrorism in the middle east for years, including assisting the murderous Abu Nidal group, the Palestinian Liberation group and Hamas, as well as making payments to the families of suicide bombers.
Does my hon. Friend accept that Saddam Hussein's payments of about $25,000 to the families of every successful suicide bomber, in highly publicised ceremonies involving the Palestinian Authority, indicates that Saddam Hussein is part of the problem and not part of the solution? Will he be urging Abu Mazen to sever ties with similar groups sponsored by countries such as Iran and Syria, to give peace and the road map a chance?
On my hon. Friend's final point, the new Palestinian Prime Minister designate, Abu Mazen, needs to be very clear in his condemnation of terrorism, and I believe that he will be. As for my hon. Friend's overall point, payments to suicide bombers and their families, or any encouragement for suicide bombers, is reprehensible. The Iraqi regime is clearly part of the problem. The regime has been directly responsible for helping to fuel the conflict in the middle east. The removal of Iraqi weapons of mass destruction and the restoration of a stable and democratic Iraq will benefit the whole region. We also need to pursue a solution to the Israeli-Palestinian conflict as an equally important precondition for long-term peace in the region.
With potential terrorist attacks and also attacks by the Iraqi regime in the whole middle east region, will the Minister please urgently review the advice and support given to British citizens currently living in Kuwait? A constituent of mine has contacted me to say that the British embassy has failed to issue gas masks, while the French embassy has done so for its citizens. Could that matter be looked into?
We are giving clear advice to the various British citizens who are in the middle east. In terms of the use of various suits and gas masks, our view is that the best thing for citizens in the area who are concerned is either to leave the area or take other suitable precautions to put themselves in a place of safety. At this point there have been no chemical and biological weapons attacks, and we very much hope that there will be no such attacks.
Roma People
5.
What recent representations he has made to applicant nations to the European Union about equal rights and safety for their Roma citizens. [104463]
The problems of the Roma community are regularly raised by our embassies in the countries concerned and by the European Commission in its regular progress reports. The UK's EU action plans in the relevant countries include projects in the Roma communities, as do EU pre-accession programmes. Indeed, action plans for Slovakia and Romania were personally launched by the Foreign Secretary last year.
I am grateful to the Minister for that encouraging response. Does he agree that it is somewhat ironic that the Roma communities across central and eastern Europe were protected under almost 50 years of communism, but now that those countries have become democracies, those people have tended to become second-class citizens? Particularly in the Slovak and Czech Republics, there is almost an indication that the state is allowing that state of affairs to pertain. May I encourage the Minister to ensure, and ask him to give an assurance, that further representations will be made, particularly to the Slovak and Czech Republics?
I thank the hon. Gentleman for his question and, in doing so, recognise his long-standing interest in this issue, although, his recollection of the rights of Roma citizens under the former communist regimes does not bear any scrutiny or comparison with what actually happened. We will keep pressing the issue and we fund a number of human rights projects and will continue to do so. I also believe that the process of enlargement, adherence to the Copenhagen criteria and the increased economic opportunities that come with enlargement will address the factors that currently force Roma citizens to leave their countries.
Is not the Minister right to say that the enlargement process has had a very positive effect on the member designate countries, which have a better understanding of this country's concerns about the way in which Roma citizens are treated? In his discussions with my right hon. Friend the Member for Neath (Peter Hain), will he ensure that when the Convention on the Future of Europe is concluded, sufficient protection will be given to the rights of minority groups throughout Europe and, in particular, in the member designate countries?
I believe that the accession process has already led to a significant improvement. Indeed, last year's regular report from the Commission not only highlighted progress that has been made in candidate countries, but, genuinely and legitimately, highlighted areas for further improvement. It is that issue on which we now need to focus. I shall ensure that my hon. Friend's comments about the Convention on the Future of Europe are passed to my right hon. Friend the Member for Neath (Peter Hain).
United Nations
6.
What recent discussions he ha .s had about reform of the constitution of the United Nations. [104464]
There are ongoing discussions at the United Nations and between member states about a number of UN reform issues. Reform of the United Nations charter requires approval by two thirds of the membership of the UN. Currently, agreement on that issue does not exist. Nevertheless, the UK supports reform of the Security Council to make it more representative of the modern world. In our view, that should include enlargement of both its permanent and non-permanent membership.
Does my hon. Friend agree that many of the people who feel so disappointed that UN support for the current conflict was not achieved are also perplexed about the UN's processes, especially the composition of the Security Council and the use of the veto? Will he assure us that, when the conflict is over, there will be a review of the UN so that it can be reconstituted as a more effective body for resolving conflict in the 21st century?
I share my hon. Friend's frustration at our inability to achieve consensus for a second resolution at the Security Council. We strongly believe that that would have created the best possible circumstances in which to maximise pressure on Saddam Hussein and achieve a peaceful resolution. Nevertheless, we need to examine such issues carefully. It is important to look forwards rather than backwards. We are therefore working for the strongest possible UN involvement in any post-conflict Iraq.
The present UN constitution allows for both mandatory and non-mandatory Security Council resolutions. Do the Government accept the possibility that, at the end of the road map process, there will be a need for a mandatory Security Council resolution to impose a settlement in the middle east peace process?
It is important not to rule out that option because it may be needed, depending on the progress that is made.
My hon. Friend has just said that he seeks enlargement of the number of permanent members on the Security Council. That could lead to problems unless the veto procedure is changed at the same time. Will my hon. Friend outline any plans or proposals for changing the veto procedure if the number of permanent members on the Security Council is increased?
It is important to expand the permanent membership of the Security Council so that it properly represents the modern world. However, were that to be agreed and implemented, we have no plans to change the number of nations that currently have the veto.
If we are to be realistic about the UN's structure, it should reflect where power lies and try to combine that with a measure of consensus in its decision making. Will the Foreign Secretary and the Minister join me in strongly rejecting the view of those who have reacted with glee to the UN's problems in the past couple of months? Such gloating is thoroughly irresponsible and serves only to fragment world opinion further.
Will the Minister confirm that, in addition to discussing UN reform, its future and authority is best assured by all of us pressing for the implementation of existing resolutions in an even-handed way, especially in Gaza and the Palestinian west bank?I agree with the hon. Gentleman on the latter point. I also agree that no one should view with glee what has happened to the UN recently. The UN is not perfect: on several occasions in the past 50 years, we have failed to reach consensus on crucial issues. Nevertheless, it is the only institution within which it is possible to create consensus among peaceful nations to enhance our security. I therefore believe that we should look forwards, not backwards.
Convention On The Future Of Europe
7.
What recent discussions he has had with his French, German and Spanish counterparts on the Convention on the Future of Europe. [104465]
We submitted a joint paper with Spain on 28 February to the Convention. The Government continue to work closely with their European partners, including France, Germany and Spain, on the Convention on the Future of Europe on a wide range of issues.
My hon. Friend knows that, notwithstanding the debacle over the French use of the veto last week, many of us hope that there will be a significant rapprochement with France in the coming months, especially if we are to achieve outcomes in the Convention. However, will he put paid to one French idea that appears to be burbling around in the mind of the President of the Convention, namely that the preamble to the constitution should explicitly refer to Christian heritage in Europe? Surely that would be profoundly unhelpful at this time.
My hon. Friend, with his background in holy orders, is right to ask the question.
Mr. Giscard d'Estaing has raised the possibility of a reference to religion in the preamble, but that does not reflect the French Government's view. My hon. Friend knows that their views on such matters are secular. Although we acknowledge the enormous contribution of Christian, Jewish, Moorish and Muslim heritage to our common Europe, the Government do not believe that it would be appropriate in a multi-religious, multicultural. Europe to include a specific reference to one faith in the constitution of the Convention."Let us render therefore unto Caesar the things which are Caesar's; and unto God the things that are God's."
The Minister will know that the latest tranche of draft articles includes provision for a European public prosecutor. As the Government are apparently opposed to that, but have been very weak and timid in making their objections clear so far in the Convention, will they on this occasion make clear beyond doubt to the Convention and to other member states that we will not accept a treaty containing provision for a European public prosecutor? If the Minister is clear now, that will avoid tears later. Will he begin to stand up for British interests, and make clear that the Government have bottom lines that we will not cross?
That has been clear for a number of years—and I was not aware that my right hon. Friend the Member for Neath (Peter Haul) was a weak and timid person.
I cannot speak for myself in this matter, but the Government's view is plain, and is shared by a number of other Governments. We believe that the establishment of a European public prosecutor as such is not the right way forward. We must, however, find serious mechanisms for the combating of European fraud, and for combating trans-frontier crime. I hope that the right hon. Gentleman will turn his mind to that, as one of our parliamentary representatives on the Convention.Does my hon. Friend accept that there is now a need for a European constitution, and also a need for a clear statement of the European Union's objectives in a form that people can understand?
My hon. Friend is right. I recommend an excellent article in The Economist entitled "The European Constitution" and penned by my right hon. Friend the Foreign Secretary.
Given that the impetus for the Convention was, to a great extent, the enlargement process, does the Minister agree that the accession states should have not just full rights of participation at the Convention and the intergovernmental conference, but full and equal voting rights at the IGC? Would that not reassure those countries greatly, especially after the hollowness of a common European foreign policy has been made so obvious by the disgraceful and patronising attack on them by President Chirac?
As so often, the hon. Gentleman spoilt a good first point by including yesterday's insults in his closing remarks. It was clear from the treaty of Nice that the new European Union member states would play a full and a voting part in the IGC.
Does my hon. Friend feel able to say that the extent of agreement in the European Council on the appropriate role of the United Nations in post-conflict Iraq and the middle east peace process, as well as the shared commitment to Macedonia, point encouragingly to the healing of the diplomatic wounds in Europe and the possibility of creating a European common foreign and security policy? Does he agree, however, that it would not be appropriate now or in the foreseeable future for such a policy to be subject to qualified majority voting or the jurisdiction of the European Court of Justice, as the new EU draft constitution appears to propose?
Come back to us!
My right hon. Friend—whose contribution from the Labour Benches we welcome—makes a good point. I cannot see how foreign policy issues can be linked with the European Court of Justice, and I think that foreign policy will remain principally intergovernmental. I think, however, that in the new European Union of 25 states those that wanted a robust line to be taken on Saddam Hussein would have enjoyed a comfortable majority.
Anglo-French Relations
8.
If he will make a statement on Anglo-French bilateral diplomatic relations. [104466]
Relations with France are close, but could be better. We continue to work with France on a range of important issues.
Over the weekend Le Figaro reported further critical attacks on Britain by Mr. Chirac, but the Government are right to try to strengthen ties with not just the old but the new Europe. What, though, will be the cost of United Kingdom membership of the new expanded European Union of 25 states that the Minister mentioned a few moments ago? Has the Foreign Office conducted any analysis? Is he aware that the United States Government believe that, taking into account indirect costs, that cost could be as high as £30 billion a year—equivalent to about 80 new hospitals in Britain every year? Has the Foreign Office conducted such an analysis, and if not will it do so?
rose—
Order. The Minister should not answer that question. I call Mr. Shaun Woodward.
Despite the considerable differences and problems, alluded to by the hon. Member for Lichfield (Michael Fabricant), with the French concerning military intervention in Iraq, does my hon. Friend agree that in fact, there are substantial areas of agreement with the French in foreign and security policy? Nowhere is this more important than in seeking a peaceful resolution between the Palestinians and the Israelis, and in the implementation of the road map for peace.
I am glad that my hon. Friend makes that point, because on a range of key foreign policy issues such as the Balkans and the middle east, and on others concerning the idea of Europe as a partnership of nation states, we are much closer to the position of the French than some of our other European partners. If I may answer the initial question, Mr. Speaker, the Foreign Office has of course analysed the cost of enlargement of the European Union. We believe that it will add about €1.75 billion —
Order. I told the Minister not to answer that question. I call the Reverend Martin Smyth.
When the Minister said that we are really close to France, I thought for a moment that he was speaking of the tunnel. On our links with the European Union and the question of the European governor of the European Central Bank, when will France come up with a viable candidate, rather than prolonging the agony that they have entered into in the past? Is the Minister satisfied that we constantly defend our rights with the same determination that the French defend theirs?
The question of the next governor of the European Central Bank will have to be resolved soon. Jean-Claude Trichet, the French candidate, certainly has the support of the City. He is a most austere and rigorous monetarist, and he is not lax on fiscal matters. He is stern on monetary matters—in fact, he is the very model of an Anglo-Saxon banker, even if he is French.
British-German Relations
9.
What plans he has to meet representatives of the German Government to discuss British-German diplomatic relations. [104467]
My right hon. Friend the Foreign Secretary met the German Foreign Minister Joschka Fischer last Friday at the European Council. I had good talks with him, and a brief conversation with the German Chancellor. This follows my extensive meetings with Government and Bundestag representatives in Berlin last Monday.
Does my hon. Friend agree that it is extremely important that at this stage we work very closely with our German friends in putting together a new UN resolution on Iraq? I hope that we will move away from the rhetoric that has characterised much of the discussion of our European partners in the past week. We must rebuild the UN consensus, and could not our relationship with Germany be at the heart of putting forward a new UN resolution on the reconstruction of Iraq?
That is very much the wish in Berlin, and I hope that some of the rhetoric directed against this Government from certain of our partners and friends in Europe also dries up, because this has not been a one-way street. However, my hon. Friend is right: we must work very closely with Germany, and we welcome cooperation on ideas about a post-Saddam Iraq. We can put behind us, or leave to historians, analysis of diplomatic wranglings at the UN, and start to build a happier future for that troubled part of the world, in collaboration with Germany and other partners.
Can the Minister make it clear to his counterpart in the Federal Ministry of Foreign Affairs in Germany that the continued presence of British troops in the federal republic will be called into question in this country unless the German Government, through diplomacy and their conduct of foreign affairs, do not give encouragement, at least, to the Queen's enemies in Iraq?
That is not worthy of the hon. Gentleman. German military facilities are at the full disposition of the coalition and Germany military units are in the Gulf to help, in case of attack with chemical and biological weapons.
I do not greatly object to the anti-militarist feeling that animates people of all political persuasions in Germany. I would have liked to see a different diplomatic course from the German Government in the last few months, but what they did was a response to promises made at elections by all parties, and I will have no truck with any anti-German feeling or with remarks about our troops being anything other than fully welcome in the Federal Republic of Germany.In the important discussions on diplomatic relations between my hon. Friend and our German counterparts, will the emphasis be on our Atlanticism or our Europeanism?
Both.
Company Directors (Health And Safety)
12.30 pm
I beg to move,
We still have a good way to go in this country in relation to health and safety. People know about the big disasters such as the Clapham and Paddington rail accidents, but smaller-scale accidents occur continually. In 2001–02, some 225 fatal injuries to employees—42 of them in the midlands—were reported to the Health and Safety Commission. Many companies have high standards, but we need to raise everyone's standard to their level. This important social problem must be tackled along various dimensions. My Bill approaches one of them by seeking to make a step change in what directors of a company must do to ensure a safer environment for employees and members of the public affected by its activities. Directors are responsible for how companies operate. It is directors who set a company's policy on health and safety, and it is they who decide how high health and safety is on the agenda in comparison with other matters. It is they who determine the resources, including management resources, which a company allocates to health and safety. It is they who decide how health and safety is monitored in the company, whether accidents are properly investigated and what preventive action is taken for the future. The British Standards Institution summarises the position thus:That leave be given to bring in a Bill to require companies to appoint a director as the health and safety director; and to impose duties on this director and on other directors of companies in relation to health and safety; and for connected purposes.
My Bill recognises that reality and codifies within the Companies Act 1989 the responsibilities that directors already have in broad terms as a result of the Health and Safety at Work, etc. Act 1974 and under guidance entitled "Directors' responsibilities for health and safety", which was issued by the Health and Safety Commission in 2001. The 1974 Act adopted the Robens philosophy that health and safety is the responsibility of top management. It imposes duties on employers, but section 37 also imposes criminal responsibility on directors when an offence under the Act has been committed—in the rather old-fashioned language used—with their consent or connivance, or if it is attributable to neglect on their part. In theory, if a death occurs, directors could also be prosecuted under the general criminal law, although in practice that is exceptional and the Law Commission has recommended, and the Government have in principle accepted, the need to introduce an offence of corporate killing. The Health and Safety Commission's guidance grew out of the Government's strategy—launched in their 1999 document "Revitalising Health and Safety"—of putting a new impetus into health and safety management. The guidance does not constitute legal obligations, but sets out best practice in five action points. It is aimed not only at companies but at public bodies and voluntary organisations. My right hon. Friend the Minister for Work told me on 13 February about research into the effectiveness of the guidance in promoting greater responsibility for health and safety. Preliminary findings were encouraging, and he will report in the summer on the success of the voluntary approach and the need for legislation. The first aspect of my Bill is to impose some general duties on directors regarding health and safety. Hon. Members will know that the Companies Act 1989 already imposes duties on directors in relation, for example, to financial matters. The general law also imposes additional duties on directors; for example, there is a duty not to appropriate opportunities that really belong to the company. The company law review recommended that those general law duties be given legislative form, and the Government have accepted that recommendation in their White Paper. However, neither the Companies Act nor the general law imposes any duty on directors relating to health and safety. This Bill does that. First, the Bill contains a very general duty for directors to act in the interests of the health and safety of a company's employees and others affected by the company's activities. Secondly, it imposes on directors duties to take effective steps to ensure that the company acts in accordance with the obligations imposed on it by, for example, the Health and Safety at Work, etc. Act 1974. Effective steps will have been taken under the Bill if, for example, the directors have reasonably informed themselves of what; the company's health and safety duties mean for it, and if they have taken into account what the health and safety director has said. No express penalties are set out in the Bill for directors in breach of those duties; as I have said, directors already face penalties under the 1974 Act for breach of health and safety duties. Rather, the duties in this Bill are owed to the company, and it is the company that enforces them. In that respect, the Bill accords with the excellent report of the Centre for Corporate Accountability on the general subject of corporate responsibility for health and safety. The whole issue of penalties underpinning the enforcement of the Companies Act 1989 was discussed by the companies law review. It may be, in the future, that those health and safety duties will need to be enforceable by the criminal law, but that is not the case under the Bill. The Bill applies only to company directors. If it is accepted, I would hope that the principle could be extended to apply to those at the top of public sector bodies, such as Government Departments, local government and hospital trusts. The second aspect of the Bill is the obligation that it imposes on public companies to appoint a health and safety director from among its directors. That is already a requirement under Health and Safety Commission guidance. According to the HSC, some leading companies have designated their chief executive as the health and safety director, sending a clear signal that the issue is serious. However, the Bill does not demand that, but leaves it to the company to choose which director should undertake the role. The Bill requires that the director chosen should be identified as such in the company's annual report. The Bill then imposes on the health and safety director obligations to monitor the health and safety position within the company and to report on it to the board. Basically, the detail of those obligations is taken from existing HSC guidance. I emphasise that they are limited duties and that the health and safety director cannot be scapegoated for failures by the board as a whole. In practice, of course, the health and safety director may well find it worth while to undertake training, and to arrange for training for the other directors as well. The monitoring and other activities of the health and safety director will gather much useful information. Already, many companies provide health and safety information to the outside world in their annual reports. Stimulated in particular by the challenge thrown down by my right hon. Friend the Deputy Prime Minister in the report "Revitalising Health and Safety", the HSC published guidance in 2001, entitled "Health and Safety in Annual Reports", on what in its judgment is the minimum information to be included in an annual report. Publishing health and safety information in a company's annual report demonstrates that company's commitment to the issue, and acts as a spur to further action. Ultimately, I hope that the directors will report on health and safety matters in the operating and financial review proposed by the company law review for companies of significant economic size. The OFR will parallel the well-developed system of financial reporting, already provided under company law, and include information on performance and other aspects that the directors judge necessary to an understanding of the business, such as environmental and social impacts. That is how, as a matter of law, directors will have to have regard to the environmental and other social impacts of their company's operations. The company law review eschewed a mandatory approach to what OFRs should contain, but if directors are to make a bona fide judgment of the information necessary to understand a company's performance and prosperity, health and safety issues should be included as well as environmental impacts. My Bill is only part of the jigsaw necessary to ratchet up what companies do to protect the health and safety of their employees and others affected by their activities. My hon. Friend the Member for Scarborough and Whitby (Lawrie Quinn) has introduced a Bill to enhance penalties under the Health and Safety Act at Work, etc. Act 1974. There is also the separate issue of a new offence of corporate killing, which the Government made a manifesto commitment to introduce. My Bill is supported by the TUC and the Centre for Corporate Accountability. Mike Holder, the chairman of the Black Country chamber of commerce, has told me that he supports the Bill and any measures to improve health and safety at work. I am also grateful for the support that the Bill has so far gathered from both sides of the House. If leave is obtained today, I will seek to obtain even wider support for its aims. The health and safety of employees and the public requires that company directors have a clear vested interest in health and safety matters. Obliging a company to appoint one of its directors as the health and safety director, and imposing duties on that director and others regarding health and safety will do that."Ultimately responsibility for occupational health and safety rests with top management."
I commend the Bill to the House.
Quastion put and agreed to.
Bill ordered to be brought in by Ross Cranston, Mr. Richard Allan, Tony Baldry, Dr. Vincent Cable, Mr. Michael Clapham, Mr. Andrew Dismore, Mr. Frank Doran, Angela Eagle, Linda Gilroy, Mr. Tony Lloyd, Shona McIsaac, and Lawrie Quinn.
Company Directors(Health And Safety) Bill
Ross Cranston accordingly presented a Bill to require companies to appoint a director as the health and safety director; and to impose duties on this director and on other directors of companies in relation to health and safety; and for connected purposes: And the same was read the First time; and ordered to be read a Second time on Friday 13 June, and to be printed [Bill 82].
Extradition Bill (Programme) (No 2)
12.41 pm
I beg to move,
That the programme order of 9th December 2002 in relation to the Extradition Bill be amended by the substitution for paragraphs 4 and 5 of the following:
(4) Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion four and a half hours after the commencement of proceedings on a programme motion varying this order which is moved on the day on which the proceedings on consideration are commenced.
The motion has two purposes. First, it provides for the total amount of time for discussion of the Bill today to be six and a half hours. Secondly, at the end of the Committee stage, the hon. Member for Surrey Heath (Mr. Hawkins), who led for the Opposition, requested two hours for Third Reading rather than the single hour provided for in the original programme motion. We are happy to oblige him in that request.(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six and a half hours after the commencement of proceedings on such a programme motion.
12.42 pm
As the Minister suggested, we have no difficulties with the programme motion. We are content with the Government's proposals.
From the Liberal Democrat Benches, we, too, consent to the motion.
Question put and agreed to.
Orders Of The Day
Extradition Bill
As amended in the Standing Committee, considered.
New Clause 10
Bail: Scotland
'After section 24 of the Criminal Procedure (Scotland) Act 1995 (bail and bail conditions) insert—
"24A Bail: extradition proceedings(1) In the application of the provisions of this Part by virtue of section 9(2) or 76(2) of the Extradition Act 2003 (judge's powers at extradition hearing), those provisions apply with the modifications that— (a) references to the prosecutor are to be read as references to a person acting on behalf of the territory to which extradition is sought; (b) the right of the Lord Advocate mentioned in section 24(2) of this Act applies to a person subject to extradition proceedings as it applies to a person charged with any crime or offence; (c) the following do not apply— (i) paragraph (b) of section 24(3); and (ii) subsection (3) of section 30; and (d) sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply to an accused. (2) Section 32 of this Act applies in relation to a refusal of bail, the amount of bail or a decision to allow bail or ordain appearance in proceedings under this Part as the Part applies by virtue of the sections of that Act of 2003 mentioned in subsection (1) above. (3) The Scottish Ministers may, by order, for the purposes of section 9(2) or 76(2) of the Extradition Act 2003 make such amendments to this Part as they consider necessary or expedient. (4) The order making power in subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.".'.
— [Mr. Bob Ainsworth.]
Brought up, and read the First time.
12.43 pm
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following: Government new clause 12—Undertaking in relation to person serving sentence.
Government new clause 13—Extradition following deferral for competing claim. Government new clause 14—Person charged with offence in United Kingdom. Government new clause 15—Person serving sentence in United Kingdom. Government new clause 17—Appeal against grant of bail. Government new clause 18—Remand to local authority accommodation. Amendment No. 20, in clause 2, page 1, line 17, at end insert—Amendment No. 18, in page 2, line 6, at end insert—'(c) The statement referred to in subsections (3) and (5) shall conform with the provisions of the model warrant annexed to the framework decision.'.
Government amendments Nos. 35 to 37, 43 and 44. Amendment No. 4, in page 18, line 30, leave out clause 39. Government amendment No. 50. Amendment No. 92, in clause 65, page 33, line 44, at end insert—'(c) the terms "accused" in paragraph (a) above, and "for the purpose of being prosecuted for the offence" in paragraph (b) above, are understood to mean:(i) that sufficient evidence has already been gathered to bring a prosecution and to commit to trial the person in respect of whom the warrant is issued; and (ii) the extradition sought by the requesting state must be only for the purpose of putting the person on trial, and not: for the purpose of interrogation or evidence gathering; and (iii) that if, after the extradition has been granted, it emerges that the requesting country. in the opinion of the judge granting the extradition, has not fulfilled these conditions, the person shall be returned to the United Kingdom, upon an order from the appropriate judge.'.
Government amendments Nos. 53 to 56, 59, 32, 62, 33, 63 and 65. Amendment No. 93, in clause 83, page 42, leave out lines 9 to 11. Government amendment No. 66. Amendment No. 94, in clause 85, page 43, leave out lines 16 to 18. Government amendments Nos. 14, 67 to 73, 6, 76, 77, 11 to 13, 83, 84 and 87.', as provided for in section 2(7)'.
This is a large group of new clauses and amendments. I shall begin with new clauses 10, 17 and 18 and amendments Nos. 32, 33, 83, 84 and 87, which are concerned with bail provisions in extradition proceedings, especially the right of the requesting state to appeal against bail granted to a fugitive.
New clause 18 covers the position of juveniles who are subject to an extradition request. New clause 10 and amendments Nos. 32, 33 and 84 take account of the slightly different bail rules that apply in Scotland. During extradition proceedings, the fugitive can either be held on remand or granted bail, at the discretion of the judge. For the first time, we are creating a presumption in favour of bail in ex tradition cases. The fugitive will have the right of appeal against a decision to remand him. However, as currently drafted, the Bill does not provide a similar right to the requesting state to appeal against a decision to grant bail, even though the prosecution has that right in normal domestic cases. We believe that it would be desirable to keep extradition bail law as closely as possible in line with normal bail provisions, so we want to rectify that omission, which is what this set of amendments will do. I shall try to be brief. This is a very extensive group of amendments, and I do not want to waste the House's time on the relatively non-controversial or technical amendments, so I shall try to move as quickly as I can through my speaking notes to allow the maximum time to consider those issues of substance that remain to be discussed. On Government amendments Nos. 32 and 33, the police in Scotland, unlike in England and Wales, have no power to grant bail. However, the Lord Advocate has the power to grant bail to any person charged with any crime or offence. Proposed new section 24A(1)(b) of the Criminal Procedure (Scotland) Act 1995 will make it clear that the Lord Advocate should mirror the provisions in relation to a person subject to extradition proceedings that apply in England and Wales. Government amendment No. 84 is purely a drafting change that makes no difference of substance. Government new clauses 12 and 13 are purely technical. The Bill contains provisions that will allow us to seek undertakings when we send a serving prisoner abroad to stand trial. The Bill also covers situations where extradition is halted while a competing claim is considered, but a decision is taken to proceed with the original request. Both those provisions need to be slightly modified in cases where the fugitive consents to extradition, and those new clauses will achieve that. Government new clauses 14 and 15 deal with the situation where a person who is subject to an extradition request in the United Kingdom is charged with an offence in the UK or is serving a sentence of detention here. As currently drafted, part 1 will require a judge to adjourn the extradition if at any time he is informed that the fugitive has been charged with a domestic UK offence. Similarly, if a person is serving a sentence of detention in the UK, the judge has the power to adjourn until such time as the sentence has been served. However, under part 2, in the same circumstances and even though the judge is fully aware of the charge or the sentence, he must allow the case to run its full course and then refer it to the Secretary of State. Under part 2, the power to adjourn proceedings rests with the Secretary of State and can be exercised only when the case has reached him. Government new clauses 14 and 15 are necessary to bring part 2 into line with part 1, to ensure that we have a standard approach, so that such part 2 extradition cases can be adjourned, thus not wasting the court's time or the taxpayer's money.With reference to Government new clause 14(4) and the exercise of judicial power, is there an entitlement to appeal?
There is entitlement to appeal against all decisions taken under part 1 and part 2. However, in part 1 countries—our European Union partners under the European arrest warrant procedures—a strict time limit is applied to how long can be taken to deal with those appeals. We are attempting to introduce a streamlined extradition system—particularly streamlined in relation to our EU partners—and to prevent to the maximum possible degree the lengthy proceedings that take place under our current, totally unacceptable extradition arrangements. That is the purpose of new clauses 14 and 15: to bring part 2 into line with part 1, so that the cases can be adjourned, and so that there is not the unnecessary requirement to continue to the end knowing that the proceedings will have to be stopped in the final analysis.
Having looked at the new clauses and some of the associated amendments in this group, I shall now deal with amendments Nos. 20 and 18, tabled by Conservative Members, which refer to clause 2. I do not believe that there is much difference between the Government's position and that of the Opposition. That was reflected in the constructive discussion that we had on these issues in Committee. I said that I would go away and consider some of the points raised in Committee, and having done so, I am pleased to have the opportunity to set out the conclusions that we have reached. With regard to accusation cases, both sides of the House are agreed that extradition should only be possible for the purpose of putting a person on trial. It should not be possible for the purpose of interrogation or for the purposes of evidence gathering. Similarly, in conviction cases, the purpose of extradition should be that a person serves the sentence that has been imposed, or, if he has escaped before the sentencing process, that he can be sentenced. If Opposition Members examine the Bill, they will see that it already achieves that. A part 1 warrant is an arrest warrant that contains two key elements: the statement and the information. The contents of the statement and the information vary slightly depending on whether it is an accusation or conviction case. The information includes such details as the particulars of the person's identity or any other warrant, the circumstances of the offence, the particulars of the sentence that would be available to the court, or, in a conviction case, the sentence that has already been imposed. Of more importance for present purposes, however, is what is contained in the statement. If hon. Members look at clause 2(3), they will see that what is required, first, with conviction cases, is that not only must a person be accused of an offence in a requesting state, but the warrant must have been issued with a view to his arrest and extradition to the category 1 territory for the purpose of being prosecuted for the offence. That is unambiguous language: it is not about interrogation, and it does not allow extradition for the purpose of evidence gathering or fishing expeditions; it is about putting a person on trial. No other meaning can be attached to those words. I know that that position is supported by the hon. Member for Stratford-on-Avon (Mr. Maples), who said in Committee:I would suggest that the words,"I would be happy to use the words in the framework document, which are 'for the purpose of conducting a criminal prosecution'."—[Official Report, Standing Committee D, 9 January 2003; c. 53.]
are significantly close to"for the purpose of being prosecuted for the offence"
The amendment would make absolutely no difference. Similarly, in conviction cases, the Bill provides that the statement must say that the"for the purpose of conducting a criminal prosecution".
Again, the position is unambiguous: if the statement does not contain the relevant information, the UK designated authority will be unable to certify it, and no further action could be taken on the extradition request. Having set out why I believe that the Bill in its present form achieves what we want, I shall say a few words about the Opposition amendments."warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence."
Having checked clause 2(3), I can see that it is in fairly unambiguous language. I wonder whether my hon. Friend could clarify one matter. In some systems, for example in Spain and Italy, where there are investigating magistrates, the process between arrest, investigation and standing trial is not as clear as in our system. How would the provision apply in those circumstances?
We already extradite people, and have done so for a long tame, to those jurisdictions. We do so for the purposes of their being put on trial. and not for the purposes of investigation taking place. A clear statement will be required in the warrant, the exact wording of which I have just read out, and the judicial authority that makes that request will have had to sign up to that statement. The National Criminal Intelligence Service, which will be the designated authority that will look at those incoming requests, will examine that statement, and if it is not in compliance with that requirement, it will say so, and will effectively stop the extradition proceedings before they even commence. We have a record in this area: although there are many other problems in relation to extradition, I have yet to hear of a situation in which the arrangements for requests from states that are our regular extradition partners have caused problems in the past, and I do not expect the system to change or problems to be caused in the future.
Having said what the Bill clearly requires and prevents, let me turn to amendment No. 20, which requires that any warrant should conform to the model warrant attached to the framework decision. The simple point to make is that that will happen already. The requirements of the Bill mean that all the information included in the model warrant has to be supplied if extradition is to take place. I consider amendment No. 18 unnecessary, but we should not let it pass without comment. It states that if a court abroad has not acted in accordance with the wishes of a British judge, a fugitive held abroad shall be released and returned to Britain on the order of a British judge. I do not know whether Conservative Members can imagine that operating in reverse, and how we would we feel about a German or French judge being able to order the release of somebody who was in front of a court in the UK. I find it astonishing: it harks back to empire days when we sent a gunboat round to ensure that people did things in the British way. I am not sure that it is in any way workable, and it is certainly not needed. In the light of that explanation of how the Bill will work with its current wording, I ask Conservative Members not to press the amendments to a Division. 1 pm I trust that all hon. Members will welcome Government amendments Nos. 35 to 37. They should be appreciated by Conservative and Liberal Democrat Members because they respond to a point raised by representatives of both parties in Committee. My hon. Friend the Member for Sunderland, South (Mr. Mullin) and other members of the Select Committee on Home Affairs should also welcome them because they raised the same concern. The amendments will make a European arrest warrant acceptable only if it is issued by a judicial authority in a requesting state. If the warrant came from any other source, the UK designated authority would be unable to certify it and no further action could be taken on it. The stipulation that the warrant must be issued by a judicial authority is already in the framework document, so the amendments will make little difference in practice. Nevertheless, we thought it right to respond to the wishes of those who raised the issue and to make the guarantee explicit in the Bill. Government amendment No. 37 will create a power to disapply the judicial requirement in respect of requests from certain countries that were issued before January 2004, which is when the European arrest warrant regime is due to come into effect. It is a transitional measure to enable the UK to deal with requests that are already on the Schengen information system when the UK becomes a party to the system in 2004. Pre-existing requests require a judicial authority to issue a domestic arrest warrant and a judge's permission would normally be required before requests were placed on the Schengen information system. However, some countries might put information on the system at the instigation of a police officer. In such circumstances, a person for whom extradition is sought may try to delay proceedings by claiming that the request did not come from a judicial authority. Given that a judicial authority must have backed the warrant in the first place, such arguments may well not succeed but we want to pre-empt attempts to delay and frustrate the extradition process. The problem will not arise after countries begin to operate a system of European arrest warrants, so we require only a limited short-term measure. Government amendments Nos. 43 and 63 respond to a concern raised in Committee. A person's identity is an important aspect of the extradition process and no hon. Member would want the Bill to allow the extradition of a person other than a person for whom extradition was sought. The Bill provides that, at the initial hearing that is held almost immediately after a person is arrested, the judge must decide whether the person before him is the person for whom the extradition request has been made. That process is not to determine whether extradition should occur and still less about determining whether a person is guilty of the crime for which his extradition is sought, but to ensure that the right person has been caught. The question of identity might be disputed in several cases. The Bill's current drafting requires the judge at the initial hearing to be satisfied that the person in court is the person for whom the warrant was issued. If the judge is not satisfied of that, the person must be discharged. It was suggested in Committee that the Bill should specify the standard of proof that would be required to determine that. That is a sensible suggestion and the amendments introduce the civil test of the balance of probabilities. There are several reasons why we opted for the civil test rather than the criminal test. Extradition is not a prosecution and thus there is no need to apply the criminal test slavishly. However, it is an important fact that people who are subject to extradition requests are usually serious criminals, including terrorists, and such people are often adept at making their identity ambiguous or having multiple identities. If we had decided to use the criminal standard of proof beyond all reasonable doubt, we might be unable to be certain of people's identity, which would allow them to walk free irrespective of the seriousness of the crime of which they were accused. The civil test, which is regularly used in, and understood by, British courts, is an appropriate way to ensure that a judge may reach a reasonable decision about a person's identity. Government amendments Nos. 44, 59 and 62 relate to an issue that was discussed at length in Committee. They will require the judge at the initial hearing to make the requested person aware of the contents of the warrant for arrest and extradition. The fugitive will already be aware of the contents of the warrant in the vast majority of cases because the police will generally show such people the contents of the warrant at the time of arrest or shortly after. In addition, the amendments will allow a fugitive or his legal representative to demand to see the warrant at any time. The new provisions make little difference in practice, but we hope that they represent a useful additional safeguard and that Opposition Members will welcome them. Amendment No. 4 has been tabled by the Conservative party, and we have tried long and hard to work out its rationale. Clause 39 provides that no person who has claimed asylum shall be extradited until a decision has been reached on that claim. The Government are all too aware that the asylum system has been subject to abuse and has been used to delay and frustrate the extradition process. That is why we included provisions to address that difficult situation and spurious asylum claims and appeals. If it is considered that an asylum claim is clearly unfounded, it can be certified as such by the Secretary of State when he refuses the claim. That certificate will mean that a person will be able to appeal against the asylum refusal only after extradition. The amendment would delete the entire clause and undo our attempt to provide a solution to such potential abuse. I hope that the Opposition will welcome Government amendments Nos. 50 and 67 to 69. The right to representation at a trial and the right to legal aid remain the cornerstones of our judicial system. We tabled the amendments to ensure that the right to legal aid that is enshrined in the Access to Justice Act 1999 applies to the issue of consenting to extradition. They provide that, before a judge accepts a fugitive's consent to extradition, he must check that that person had the opportunity to receive independent legal advice. In some cases, the fugitive would have declined to apply for legal aid after he had been advised that he was entitled to it. The underlying principle is that nobody should consent to extradition unless the opportunity for legal advice has been made available to them. Although amendment No. 92 is well intentioned, it is not needed and does not add anything to the safeguards in the Bill. Under clause 2, the UK's designated authority—which will be the National Criminal Intelligence Service or the Crown Office in Scotland—can certify an incoming European arrest warrant only if it believes that the request has come from an appropriate judicial authority. Clauses 63 to 65 deal with what constitutes an extradition offence in order for the dual criminality requirement not to apply. I cannot therefore see what purpose would be served by trying to link clauses 2 and 65, as the amendment would. The definition is already identical, so the point is fully covered. Government amendments Nos. 53 to 56 and 70 to 73 are purely drafting amendments. Unless somebody insists that I go into them, I shall not detain the House. I turn to amendments Nos. 93 and 94 and Government amendments Nos. 65 and 66, which were tabled in response to concerns that have been raised. I hope that the House agrees that the Government amendments are a constructive answer. Requests from part 2 countries will often need to be accompanied by prima facie evidence. The amendments are concerned with the provisions that allow for documentary or summary evidence to be admitted in court. At present, evidence in those forms is not generally admissible. That might mean that we have to require, for example, a foreign witness to give evidence in person rather than accepting a police officer's account of what the witness had told him. That is particularly wasteful and cumbersome in cases where evidence is uncontested. Accordingly, the Bill provides for hearsay evidence to be admitted. There were concerns raised in Committee surrounding a case where the judge did not have the discretion to refuse to accept documentary or summary evidence if he had reason to believe that the evidence was faulty or flawed. We have listened to those arguments and given the district judge much greater discretion not to accept such evidence if he so chooses. I should add the reassurance that the Bill does not oblige the person whose extradition is sought to give evidence in summary; nor will it prevent the person from challenging any evidence that is given in summary or on behalf of the requesting state. I know that that was a particular concern of my hon. Friend the Member for Doncaster, North (Mr. Hughes). I hope that it is clear that those circumstances do not apply. There is no way that the defendant in such cases will be prevented from giving evidence in person. Government amendments Nos. 14 and 6 clarify the role of Scottish Ministers to order the extradition or discharge of a person arrested under part 2. Amendment No. 6 makes it clear that Scottish Ministers will be able to make a deferral order only when they are considering competing requests. The House may know that the Bill deals with a situation where two or more competing requests are received in respect of the same person. It provides that proceedings are deferred until a decision is taken on which should be given priority. It also provides for matters to be picked up again once that decision has been taken. Government amendments Nos. 76, 77 and 11 rectify an omission by specifying the appropriate judge in the deferred case. 1.15 pm Government amendments Nos. 12 and 13 are purely technical adaptations that are required for the Scottish jurisdiction. Amendment No. 12 makes it clear that all the rules of court to be made under this legislation will be made by act of adjournal in Scotland. Amendment No. 13 reflects the different terminology used in Scotland, where appeals are "abandoned" rather than "discontinued". I am sorry that this has taken so long, but the group of amendments is extensive. I commend the Government amendments to the House and ask the Opposition to consider withdrawing amendments Nos. 20, 18, 4, 92, 93 and 94.As the Minister has said, this is a detailed group of amendments. We on the Front Benches hope that our colleagues will bear with us as we wrestle with the complexities and technicalities of extradition law and procedure.
I should stress at the outset that we welcome some of the provisions in the Bill. They are a welcome improvement and will help our police to extradite back to the United Kingdom people who are wanted here for serious offences. We welcome the fact that not only in this group of amendments but in subsequent ones, the Government have made several concessions in response to points that we made in Committee. However, they have not addressed all our concerns—not least the very big issue, as the Minister is well aware, of the European arrest warrant and the consequences of it. The Government have signed up to offences in the framework decision list, many of which are vague and some of which are not offences in UK law. There is a danger that British subjects will be shipped abroad without a British court being able to analyse or challenge the basis of a warrant issued by a foreign court. We repeatedly raised in Committee the example of the British plane spotters in the Kalamata court in Greece. That was a dire warning, which we discussed extensively. Since proceedings in Committee were concluded, we have had a further dire warning of the risk to UK citizens as a result of paperwork sent from one country to another demanding someone's arrest. The British pensioner Derek Bond was held for weeks in South Africa because the American authorities mistakenly thought that he was a wanted man. We shall deal later with the detail of why we feel that the draconian powers in part 1 should apply only to terrorist offences, as my right hon. Friend the Member for West Dorset (Mr. Letwin) said on Second Reading. We welcome Government new clauses 10, 17 and 18 and Government amendments Nos. 32, 33. 83, 84 and 87. They are a response by the Government to concerns we raised in Committee. A foreign requesting country will now have the right to appeal against the granting of bail. I raised in Committee and on other occasions the fact that bail is too readily available in a wide variety of criminal proceedings in such courts. In UK courts, the granting of bail certainly ought to be reviewable in extradition cases, so we welcome what the Government have done. Government new clause 18 deals with juveniles going to local authority secure accommodation if they are not granted bail. Related amendments, as the Minister said, deal with the slightly different bail arrangements in Scotland. We accept entirely that the Government are once again responding to concerns that we and others have raised. However, in passing, will the Minister note that we still have great concerns about the limited quantity and poor quality of local authority secure accommodation? There may be relatively few cases in which that will be needed in an extradition context, but we will no doubt return to the issue in other legislation and other debates. Government new clauses 12 and 13 are technical, as the Minister said, and we are happy to accept what the Government are suggesting. Government new clauses 14 and 15 address a mismatch between part 2 and part 1. It is good that the Government now accept that part 2 proceedings should be brought into line with part 1 on the issue of adjournment if a judge is informed that the fugitive has been charged with a UK offence or is a serving UK prisoner. We appreciate the need for consistency, but given the Secretary of State's recent mauling on many issues at the hands of British judges, it is perhaps a little surprising that he is abandoning his decision-making power and giving it back to the judges. Our amendments Nos. 20 and 18 go together to some extent. We intend to ask the House to divide on amendment No. 20, although I am advised by the expert Clerks that the vote will not take place at the end of the debate on this group of amendments, but later in our proceedings. We have made it clear that we are not comfortable with the concept of the European arrest warrant. We said in Committee that legislation introduced in the House should be honest and complete, and that all UK citizens should be able to see clearly what they are being made subject to by the Government. As a result, the proposed warrant ought to be included in the Bill—that is what our amendment No. 20 seeks to do, and we see no good reason why the wording of the warrant should not be included in the legislation. That must help honesty, clarity and—a word Ministers are fond of—transparency. If time had permitted, we might have sought a vote on amendment No. 18, but we do not want to detain the House in too many Divisions this afternoon and this evening. It may well be that the matter is revisited in another place, but the amendment expresses our concern that the Bill threatens the freedom of all UK citizens. Our concerns are widely shared across the political spectrum by organisations like Justice and Liberty, traditionally perceived as being on the left, and the Democracy Movement and the Freedom Association, traditionally thought of as on the right. Once again, I urge the Government to think about exactly what they are doing. I know that it would be embarrassing for the Government to do that because they have already signed up to the framework decision, but in the Labour-dominated Select Committee on Home Affairs many concerns were expressed about the way in which justice systems operate, not only in current EU countries such as Italy, Spain and Greece, but—this was raised in particular by my hon. Friend the Member for Stratford-on-Avon (Mr. Maples), a distinguished former shadow Foreign Secretary and shadow Defence Secretary—in future EU countries such as, perhaps, Turkey and ex-Warsaw pact countries. Distinguished jurists such as Leo Price QC and Torquil Dick Ericson have written extensively about those concerns, as have many specialist extradition lawyers practising in the UK who deal with the sharp end of extradition cases. We referred to a number of those concerns in Committee. We need the protections that we are suggesting, and I stress again that we will not withdraw amendment No. 20, but will press it to a Division.The hon. Gentleman said that he wants to include the European arrest warrant in the Bill, and that that is the purpose of amendment No. 20 in particular. However, does he accept that clause 2(3)(b) states that
The key word is "prosecuted". In view of that and the assurance that my hon. Friend the Minister gave me, does the hon. Gentleman not think that his concern has been covered?"the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being prosecuted for the offence"?
I do not accept that. Almost exactly the same words as those that the hon. Gentleman has just read out were used by the Minister in a letter to me about the issues that we raised in Committee. We feel that it would be much better and clearer if the specific wording that we suggest were included in the Bill.
Government amendments Nos. 35 and 36, as the Minister said, represent a significant concession made in response to concerns that we have raised, along with members of his own party and the Home Affairs Committee. We stressed that any warrants should be issued only by judicial authorities overseas. We are rather concerned that in Government amendment No. 37, the Government want a transitional right to disapply the concession if a country has already used the so-called Schengen information system for requests before 1 January 2004. We are not comfortable with the disapplication—the restriction to a judicial authority should apply to all requests whenever they are made. We do not have much faith in bureaucratic European administrative systems of justice, about which we have expressed concerns before. I do not want to be churlish—we recognise that the main thrust of the Government amendments is to make a concession in response to concerns expressed by the Home Affairs Committee and us—but there is an element of giving with one hand then snatching a little bit back with the other. Government amendment No. 43 and the linked Government amendment No. 63 deal with the need to define the standard of proof to be used when determining the fugitive's identity at the initial hearing. I understand from a letter that the Minister wrote to me that there was particular concern following the tragic and appalling murder of Detective Constable Oake in Manchester. When the defendant appeared in court, the Crown Prosecution Service said that it could not be certain that the information that it had on the defendant's identity was correct. In the light of that tragic and appalling case, which once again demonstrated how much we owe to the brave police officers who are dealing with those matters at the sharp end, we have to bear in mind the standard of proof used to determine identity. The Government have chosen the civil balance of probabilities test. There was quite a bit of discussion about what was the appropriate test in Committee, and we accept the Government's concern about terrorists and other serious criminals who may seek actively to destroy any documents from which they could be identified. However, we also need to look at the case of the blameless British pensioner Derek Bond, who was arrested in South Africa on the request of the FBI. What would a balance of probabilities test of identity have led to if a European requesting state were using a European arrest warrant to arrest somebody?I am not a lawyer—I say that as a matter of pride, although I have never held it against my hon. Friend that he is. With reference to the extensive and as yet unamended scope of the European arrest warrant, what assessment has he made of the compatibility of the Government's intended policy with the content of the subsidiarity and proportionality protocol of the treaty of Amsterdam?
We have many concerns about the European arrest warrant. We do not think that it is proportional, and the Government were wrong to sign up to the framework decision before these matters were debated in Parliament. My hon. Friend is therefore on to something. However, we have to recognise—I hope that the Minister will bear this serious point in mind—that when talking about what should be the appropriate standard of proof we are talking about the lesser of two evils. I am sure that in another place those who are very learned in the law will return to this point, but I accept the choice that the Government made for the reasons set out by the Minister today, in Committee and in correspondence. However, he, in turn, will accept that this is a serious matter and that there can be two different views on which is the lesser of two evils. I therefore hope that he and those who work with him will keep that under review when the Bill goes to another place.
1.30 pm Government amendments Nos. 42, 59 and 62, which are linked, represent a welcome concession to a point that we raised in Committee—it was also raised by the Select Committee on Home Affairs—that the district judge should ensure that the person arrested is shown the warrant that is the basis for that person's arrest. Amendment No. 4 seeks to leave out clause 39. I stress to the Minister, who was expressing some puzzlement about where we were coming from, that we wanted to probe to ensure that we would be able on Report to examine the problem of someone who may claim to be seeking asylum. The Minister has said that he wants there to be a fall-back position where the Secretary of State can say, "This is clearly a bogus claim." We were saying that always, in every case, the matter of whether someone should be extradited—we are talking in many cases about potential terrorists and serious criminals—should be gone through first, and that no delays should be injected into the system by way of somebody submitting an asylum case. Colleagues who served in Committee, such as my hon. Friend the Member for Stratford-on-Avon, were extremely concerned about the delays that the pre- existing system has injected. We know that one of the ways in which so many people who might properly be extradited have delayed the process in the past has been by claiming asylum. I see the Minister nodding his assent to that. That is what we were getting at. I hope that the Minister will keep this serious issue under review. All Members of all parties in the House know that there is great concern throughout the United Kingdom about bogus asylum seekers and about the number who disappear into the black economy, where the Government have no way of finding them, or deporting those who may be a threat to our security and have no right to be here. We do not want another category being created of those who should be deported because they should be extradited to face charges elsewhere delaying matters by claiming asylum. The misuse of our legal system by a man called Rachid Ramda was referred to extensively by my hon. Friend the Member for Stratford-on-Avon. The French authorities wanted him extradited from the UK to face very serious charges to do with the bombing of the Paris metro. I have heard what the Minister has said, but I hope in responding to the debate he will confirm that he and those who advise him will keep this serious matter under review. I hope that by tabling the amendment we will avoid the tendency of the Minister, the Home Secretary and, indeed, the Prime Minister to misdescribe the Opposition's position, wrongly accusing us of being soft or stopping the Government being tough when we have raised concerns about their legislation. It is clear that we are trying to persuade the Government to toughen up their proposals and to close loopholes. We hope that they will understand our point of view and where we are coming from, and will not seek to misrepresent our position in future debates or in another place. Government amendments Nos. 50, 67 and 69, which are linked, are welcome concessions to points that we raised in Committee. It is vital that a person considering giving consent to extradition must have had an opportunity to obtain independent legal advice first before consenting. The Minister says that he has thought about that and is prepared to accept that we were correct on that matter in Committee. I am glad that the Government have listened to us and to concerns expressed from many other sources and have made the concessions. Amendment No. 92 has been tabled by the Liberal Democrats. I agree with the Minister that it is perhaps a minor matter that does not add very much, but no doubt the Liberal Democrats will speak to their amendment. Government amendments Nos. 53 to 56 and 70 to 73, which are linked, bring terminology in line with the Courts Bill. The Minister said that he would not spend much time on these amendments unless someone asked him to do so. However, when he responds to the debate, I would ask him to cover one particular point. The Courts Bill, of course, is not yet law. It has had what I think could accurately be described as a rocky passage in another place. I suspect that that passage will continue when the proposed legislation comes to this place. More and more Labour Back-Bench Members have been lobbied—I watched that happen as recently as last week—by angry lay magistrates, who are furious at the Government's broken promises over the Courts Bill. I hope that the Government realise that they should not assume in trying to amend this Bill to fit in with the Courts Bill that the Courts Bill will get through Parliament in its current form. We drew attention in Committee to the Government's lack of joined-up government—a phrase that they often use—with yet another measure in their huge raft of Home Office Bills, which is the Crime (International Co-operation) Bill, which has also begun its passage in another place. We sought to put a line in that Bill and also in the Bill that is before us to suggest that the two measures needed to be co-ordinated. The Government resisted that approach in Committee and the issue was not selected for debate today. I hope that the Government, having said that the Bill needs to fit in with the Courts Bill, will not forget the Crime (International Co-operation) Bill. Government amendments Nos. 65 and 66 are, again, a Government concession, dealing with evidence in summary form. They seek to deal with concerns that we and the Home Affairs Committee expressed. The Government are removing "must" in clause 83 and replacing it with "may", to make it clear that a judge does not have to accept evidence where the provenance or credibility of that evidence is in doubt. We welcome that concession to the important points that we made in Committee. Liberal Democrat amendments Nos. 93 and 94 are on the same point. They seek to delete parts of clauses 83 and 85, and also go to the issue of "must". Government amendments Nos. 14 and 6, which are linked, are technical Scottish amendments. They make it clear that Scottish Ministers exercise functions only when the fugitive is in Scotland. Government amendments Nos. 76, 77 and 11 are technical amendments that relate to who the appropriate judge is when a case is deferred after a competing request has been submitted. We have no problem with that. Government amendments Nos. 12 and 13 deal with Scottish legal terminology. I remember the hon. Member for Orkney and Shetland (Mr. Carmichael) telling us in Committee about acts of adjournal, and about appeals being abandoned, not discontinued, in Scotland. We are glad that the Government have listened to Scots lawyers on these points. There are further Scottish issues that we will come to when dealing with another group of amendments. Having put forward the amendments on which we feel strongly, that is all that I need to say about this group of amendments.As a lead into this group of amendments, we have always accepted for category 1 countries mutual recognition. We understand that. However, we do not believe that there should be mutual recognition without safeguards. It is imperative that there are safeguards.
I welcome some of the amendments that the Government have introduced, which have been referred to by both the Minister and the hon. Member for Surrey Heath (Mr. Hawkins), which contain safeguards in relation to matters that especially concerned us. I refer particularly to specialty, and the new clause that relates to the death penalty. No country that still imposes the death penalty should be within category 1. That is clear from the Government's amendment. I am glad that the Government have decided to make the appropriate Scottish amendments following the arguments that were advanced in Committee by my hon. Friend the Member for Orkney and Shetland (Mr. Carmichael). We had a great deal of help from the Select Committee on Home Affairs during consideration of the Bill in Committee. The Minister has made a number of concessions in relation to matters that were raised not only by the Home Affairs Committee but also by the Standing Committee. The Minister has said that he has made it clear that there was no intention to designate anyone other than United Kingdom enforcement personnel as an "appropriate person", and we welcome the clauses that make it clear that only constables, officers of Customs and Excise and armed forces police officers will be able to execute the European arrest warrant. There were further important discussions on judicial authority and its definition. Government amendments Nos. 35 to 37 make it clear that the warrant will be acceptable only if it has been issued by judicial authority. The hon. Member for Surrey Heath mentioned his concerns about the transitional provisions, which I share. In the other place, there will be opportunities for further probing and discussion of those arrangements. Our amendments seek to tighten up the procedure, and I shall advert to them shortly. In particular, I am pleased in connection with the definition of the standard proof in determining a fugitive's identity. That will also be considered in the other place, with regard to whether a balance of probabilities is the right basis for a judgment or whether the matter should be beyond all reasonable doubt. The Minister made the point that extradition is not prosecution, which I accept. I should like now to deal with the Liberal Democrat amendments. We tabled amendment No. 92, which seeks to amend clause 65, because we believe that the designated authority must be satisfied that the authority issuing the warrant in the category 1 country has that function. That must be clear beyond all reasonable doubt. The warrant should not be issued by anybody other than that authority and the judge must be satisfied that that is the case. The amendment would provide an additional safeguard and I look forward to hearing the Minister's view about it. Amendments Nos. 93 and 94 seek to amend clauses 83 and 85. They are similar amendments that seek to strike out subsections with exactly the same wording:Although this matter might sound arcane, those are very important points. A summary is not good enough. A judge must see the evidence itself. A summary by someone other than the person in question is almost hearsay about hearsay. We must have what the person actually said and not what someone else believes they said. There is room for huge error and abuse in this matter. I believe that the Minister said that there was no way that a defendant could be prevented from giving evidence in person, but we must face the fact that the defendant will not be present to do so in all such cases. As I said, we have made progress with the Bill and the Government have made concessions, which is welcome. Nevertheless, for reasons that we will explore later, not least the fact that we have not been satisfied about minimum standards of justice in all putative category 1 countries and about the nebulousness of the 32 offences set out in the Bill—a matter that we will have a chance to discuss later—we must have safeguards in the light of the shortcomings that exist. It is our job today, just as it will be the job of Members of the other place, to tighten up the Bill to ensure that there are no miscarriages of justice and that justice and fairness prevail in respect of our country."A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2)."
I shall speak very briefly, because, like the hon. Member for Buckingham (Mr. Bercow), I am not a lawyer and a m rather proud of that fact. None the less, serving on the Standing Committee for a few sittings, which felt like many months, gave me a crash course in the law of England and Scotland, for which I am grateful.
1.45 pm I should like to respond to the hon. Member for Surrey Heath (Mr. Hawkins) with regard to Government amendment No. 43, which relates to the "balance of probabilities" in respect of a fugitive's identity. I understand why people are concerned about the case of Mr. Derek Bond, who was unjustly and unwisely held in South Africa for two weeks while the FBI carried out investigations, but I think that the public would be ill-served if we picked on that one specific and dramatic case as a reason for saying that the balance of probabilities should not be used in relation to the identity of a wanted person. The case was particularly unusual, and we as politicians must accept that, because of the intricate and sophisticated nature of intercontinental investigations, the identity of suspects occasionally cannot be verified and mistakes are made, but that does not necessarily mean that we will not pursue those investigations. We must remember that, in the case of Mr. Bond, to whom we all feel sympathetic, the true identity of the suspect was revealed after much investigation. I do not think that his case can be used as a reason for saying that we can give up on that specific type of inquiry by the FBI or any other international agencies. On amendment No. 4, which is an Opposition amendment, asylum is a big issue in my constituency and those of many other hon. Members. If we accept the amendment, we will completely remove from the Bill all references to asylum. Contrary to what the hon. Member for Surrey Heath suggested, that does not mean that asylum would no longer be used as a way of delaying procedures. As I understand it, the deletion of clause 39 would ensure that there were no guidelines at all about whether and in what circumstances accused persons could apply for asylum. I have personal experience of people claiming asylum for all sorts of ill-chosen motives. I would like to hear whether the hon. Gentleman accepts that the removal of clause 39 would create a far less specific and more vague asylum system. As the Bill would contain no specific reference to asylum, people on whom warrants were enforced would use every possible means, including asylum, to delay their extradition. Some people may accuse the Government of being a bit too harsh on asylum seekers by refusing to accept the amendment. I disagree. The Bill already contains a very specific measure that allows people to appeal against an asylum decision that goes against them, albeit that that appeal has to be made outside the country. I welcome that; in the circumstances, I think it is absolutely justified. Amendment No. 18 is fantastic. I love it: only the Conservative party could have tabled an amendment saying that a British or English court can force these Johnny Foreigner courts to send someone home right away because we in this country do not think that they have met their obligations or that their legal system is quite up to the mark. When I read the amendment, I thought, "Only the Conservative party, God bless it, could come up with this sort of imperialist nonsense." The hon. Member for Surrey Heath mentioned that he had some reservations about the terrible bureaucracy in some foreign regimes. Once again—I would have laid money on this—he could not resist mentioning the plane spotters arrested in Greece, who were referred to many times every day in the Standing Committee. The idea that a British judge can decide that a foreign court is not quite up to speed and that we can demand that it sends a suspect back to Britain because we are not happy with its procedures is mind blowing. I hope that the Opposition will force that amendment to a vote, as it defines the philosophy of the modern Conservative party far more than many other things. It is the Ealing comedy amendment. Only in the late 1940s and early 1950s could people have taken such an amendment seriously. Let us consider the serious point of reciprocity. Does the hon. Member for Surrey Heath believe that a French, German or Greek court should be allowed to tell a British court that its procedures are incorrect, and that it should send the relevant person back home for trial? I presume that the hon. Gentleman supports the principle of reciprocity and believes that that should be the effect of the amendment, in which case he would be more than happy with the consequences that I outlined. I salute him if that is his genuine conviction; the Conservative party would have turned a corner. However, the amendment is neither reasonable nor acceptable to the majority of people in this country. My hon. Friend the Minister gave commitment after commitment in Committee, and made it clear that the Bill explicitly provides that no one will be extradited for anything other than a trial or a sentence. It was made clear many times that the Bill does not provide for extradition for investigation or interrogation. I therefore ask the hon. Member for Surrey Heath to accept my hon. Friend's sincerity. He made the point clear many times. We spent day after day in Committee, with no doubt about the terms of the Bill. I ask the Opposition to accept that there is no need for amendment No. 18, except for comic relief. For the first time in British legislation, a Bill makes a specific, explicit commitment to protect people from extradition for anything other than serving a sentence or facing trial. The Extradition Act 1989, which was passed under the Conservative Government, made no such distinction or commitment. For the first time, therefore, a Government are committed not to extradite for any reason apart from serving a sentence or facing a trial. I partly hope that the Opposition will press amendment No. 18 to a vote because I would enjoy voting against it. I hope, though, that they will consider it inappropriate.I congratulate the Minister on the extent to which he listened to the debate in Committee and made appropriate adjustments to the Bill. Everyone accepts that he is going a long way—in some cases, further than some of us wanted.
I understand from the hon. Member for Surrey Heath (Mr. Hawkins), who opened the debate for the Opposition, that they intend to press amendment No. 20, but not amendment No. 18, to a vote. I am at a loss, because amendment No. 20 states:Clause 2(3)(b) appears to cover all the anxieties that the Opposition expressed in Committee and today. When I intervened on the hon. Gentleman to point that out, he dismissed my comment and said that the Opposition would press the amendment anyway. I wonder why, given that the Bill covers the hon. Gentleman's anxieties, he wants to include an additional provision that would have the same effect. The obvious conclusion is that he believes that the amendment would circumvent the European arrest warrant. At least, the Opposition want an opportunity to vote against the European arrest warrant. They would probably be happy with it if it were called a "common arrest warrant" or an "arrest warrant for co-operation between states". However, the magic word "Europe" means that they feel obliged to reject it. I have not made those comments to poke fun at the Opposition because, by Labour party standards, I am reasonably Eurosceptical. However, a gulf exists between me and most Opposition Members, who appear to feel an obligation to vote against anything European."The statement referred to in subsections (3) and (5) shall conform with the provisions of the model warrant annexed to the framework decision."
As the hon. Gentleman said, it is not clear whether amendment No. 20 will be pressed to a vote, but does he believe that it would alter the text of the Bill? One could argue that it would introduce legal clarity because it refers to
"the model warrant annexed to the framework decision."
If the hon. Lady wants greater clarification about what was in the minds of the Opposition, she should have intervened on the hon. Member for Surrey Heath. I have made it a firm principle in my political career never to answer for the Conservative party. I intend to stick to that rigidly.
The Opposition and the hon. Member for Torridge and West Devon (Mr. Burnett) made serious points today and in Committee about specific cases. My hon. Friend the Member for Glasgow, Cathcart (Mr. Harris) made it clear a few moments ago that it is generally wise to legislate not on specific cases but on general categories. Many hon. Members who are lawyers and are better versed than I am in these things could testify to that. I want to revert to an example that was used in Committee because it involves a constituent. Today, the hon. Member for Surrey Heath mentioned the case of Derek Bond, which was heard after our Committee proceedings. He also recounted the case of the plane spotters in Greece. However, in Committee, the case of my constituent Kevan Sloane, who is currently serving a three-and-a-half year sentence in Tenerife, was cited. None of the people in the three cases had to return to this country and subsequently be extradited to the country where the offence was committed. Since my constituent has been mentioned, I want to make his position clear. Kevan Sloane was arrested approximately two years ago, initially on five charges of armed robbery. By the time the case got to court, he faced two charges of armed robbery and he was eventually convicted of one. The standard of evidence required to convict him was poor. Two aspects were highly questionable. First, my constituent was picked out in an identity parade by a shop assistant who worked in the shop where he had allegedly committed armed robbery. However, the woman had been shown a photograph of him before the identity parade. 2 pm The second piece of evidence given in court was that the perpetrator of the offence in question spoke colloquial Spanish. Apart from visiting his mother in Tenerife occasionally, my constituent has spent all his life in Kirby, and could hardly be thought capable of speaking colloquial Spanish. Nevertheless, despite that and despite the lack of any direct corroborative evidence, he was convicted. The hon. Member for Torridge and West Devon said in Committee that that case proved the unreliability of foreign courts and the need for additional protections. I believe that my constituent was convicted on the basis of hopelessly flawed evidence, and the proceedings took place in Tenerife—and Madrid, where my constituent's appeal was turned down. I do not think, however, that the Bill would have made any difference, because my constituent was never in this country to be extradited in the first place.I know that that case causes the hon. Gentleman enormous concerns and that he is a doughty fighter for his constituent, for which I pay tribute to him, but I think that my point in Committee was valid. Before we pass the Bill, we should ensure that minimum standards apply, especially in category 1 countries. In Committee, I gave examples of countries where such standards certainly did not apply.
The hon. Gentleman's whole argument hinges on the question of minimum standards, a phrase also used by the hon. Member for Surrey Heath. I accept the need for minimum standards, but all the countries involved signed the framework document and therefore, at least in principle, are "signed up to" minimum standards. I believe that there was a miscarriage of justice in my constituent's case, but to make a general case against the legal system in Spain and Tenerife is, in my view, to go a step too far.
I do not want to repeat all that was said in Committee, but in some EU countries there is no legal aid; in some EU countries there is no provision for interpreters; in some EU countries judges are appointed at the age of 21, and are paid a derisory salary. People are concerned about that, and so they should be.
I am concerned. My point is that commitment to the principle of minimum standards is evidenced by the fact that those countries signed the framework document. Unless the hon. Gentleman thinks it should never be recognised that a country is capable of signing up to a principle and delivering on that over time, he will surely agree that it is not the job of the House or of legislation passed here to redesign the legal systems of other countries, or to require the redesigning of those systems.
As my hon. Friend the Minister said, if we pursued such ideas to their logical conclusion we would find ourselves returning to the foreign policy of Palmerston, and to gunboat diplomacy. I do not intend to bore the House with a recital of the Don Pacifico affair, but surely the Opposition do not really want us to return to those days.Will the hon. Gentleman give way?
I will give way once more, but I want to finish my speech soon.
I thank the hon. Gentleman for giving way a third time. All we are saying is that before a fast-track procedure comes into play, minimum standards should apply in fast-track countries.
I do not know how many times I can reply to the hon. Gentleman's question without repeating myself, which he is doing. Let me simply say that while I accept the need for minimum standards, all those countries signed the framework document and, in doing so, committed themselves to such standards. The fact that the standards do not always apply in specific cases does not alter the fact that the principle has been accepted. It is for the countries to decide, over time, how to implement it.
I end where I began. Although I do not suspect devious motives, I think the Opposition would rather vote against the whole of this part of the Bill than just vote for their amendment. If truth be told, they probably feel that they must make a stand, and are hanging their hat on amendment No. 20. I do not think amendment No. 20 is appropriate for the purpose; they should have been a little bolder, and voted against the whole section.I shall try to be brief, and deal only with the most important points. Let me deal first with what was said by the hon. Member for Surrey Heath (Mr. Hawkins) and supported by the hon. Member for Torridge and North Devon.
West Devon.
It is disgraceful that Devon should be moved around like that—unforgivable, indeed. I mean the hon. Member for Torridge and West Devon (Mr. Burnett).
Both Members suggested that the list was too vague, and that dropping dual criminality posed a risk to justice. What strikes me is that no one has been able to give even a bad example of how the arrest warrant proposals might have made a difference. Opposition Members have majored on the Greek plane spotters case, which was not an extradition case. The plane spotters were accused of an offence that is also an offence in British law, so the dropping of dual criminality would have made no difference. Similarly, the constituent of my hon. Friend the Member for Knowsley, North and Sefton, East (Mr. Howarth) was accused of a crime that exists in British law. As for the Derek Bond case, in which the extradition to the United States of a person who was in South Africa was sought, nothing in the Bill would have affected that either. No one will be subjected to a "vague list". The generic list is there to facilitate mutual recognition, and to end the requirement for dual criminality in cases covered by it. In the case of any and every request for extradition under the European arrest warrant procedures, the specific crime of which the person is accused will be spelt out on the warrant. It must be an offence in the requesting state: there is nothing vague about that. It must be an offence in French law, or in German law, but not in British law. We expect people who come to our country to abide by our laws and not their own, and the reverse must also be true. We have said that many times, but it needs to be said again. The case of Derek Bond raises the issue of identity. The acceptance of the European arrest warrant in our courts, and the issue of identity that arises before extradition, will be dealt with by a British judge. Anyone who says "I am sorry, but I am not the person who is sought in this warrant" will be able to make that case before a British judge.I am listening to the Minister with interest. If his argument is that the removal of the dual criminality test will have no practical effect, why is he removing it?
That is not quite the argument that I was making, as the right hon. Gentleman knows. What I said was that the cases that have been prayed in aid against the proposals will not be affected by the proposals in any way. They occurred under current legislation and have nothing to do with dual criminality; indeed, the Greek plane spotters case had nothing to do with extradition. As I have said before, we have three choices. We live in a European Union in which we can all travel freely between our jurisdictions, and huge benefits flow from that, both economically and in terms of individual freedom. However, that point also applies to criminals. We can stand pat and hide behind arcane, cumbersome and extremely expensive extradition arrangements that are hard to operate, and say that that is the barrier against the rest of the world; we can seek to develop a European framework of justice; or we can enter into a method of mutual recognition that enables us to co-operate in an effective and modern way with our European partners.
Those are the three choices, but the Conservatives appear to have decided, despite the right hon. Gentleman's attempt to gloss over this issue, that they should stand aloof from the rest of the world and behave like a solitary little island, and to ignore the very real problems that would arise in respect of our ability to do justice to the victims of crimes committed in this country.We will be able to discuss the general points that the Minister is making, and which are wholly misconceived, on Third Reading, but the interesting question is this. Is he admitting that the removal of dual criminality will in fact have a range of practical effects, or is he arguing that it is otiose to remove it? I cannot understand how he can avoid telling the House which of those is the case.
As I said in Committee—it was also said on Second Reading, and it continues to be our position—the removal of dual criminality is essential to putting in place a streamlined system; there is little doubt about that.
Will it have a practical effect?
Of course it will have a practical effect. While we are able to bring up issues of dual criminality, which repeatedly happens under current extradition regulations, people will be denied the opportunity to delay and to frustrate by using dual criminality arguments. That will be the practical effect, and that is why we are choosing to go down this road.
The hon. Member for Surrey Heath said that although he welcomed my efforts in respect of naming, through the Bill, those who can apply for a European arrest warrant as a judicial authority, he felt that I was taking back with one hand as I was giving with the other. He was joined in that view by the hon. Member for Torridge and West Devon, who raised concerns about the transitional arrangements for the Schengen information system.All that I said is that the issue needs to be looked at again more thoroughly, and that it will be scrutinised in the other place.
If the hon. Gentleman supports me, I will accept his support, but I am not sure that that is the situation.
I turn to the reason why we intended to include the term "judicial authority" from the start, other than the existing transitional problem. As I have said, all the warrants currently on the Schengen information system were originally backed by a domestic warrant, which was cleared by a judicial authority. In order to give the concession requested, and to make the permanent situation as clear as the hon. Member for Surrey Heath wants it to be, we need that transitional arrangement—unless we are to refuse to extradite where existing warrants apply, or to provide people with an opportunity to question their validity, despite their being backed initially by judicial decisions. 2.15 pm I thank my hon. Friends for their support on these issues, and I thank Members of both Opposition parties for their general tone, and for their welcome for the concessions that have been made. I am not surprised that I have been unable entirely to satisfy them, given some of the views that have been expressed. Those views were exposed by my hon. Friends in discussing amendment No. 18, for example. I ask the House to support the Government's amendments, and to reject those moved by the Opposition parties.Question put and agreed to.
Clause read a Second time, and added to the Bill.
New Clause 11
Passage Of Time
'A person's extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have committed the extradition offence or since he is alleged to have become unlawfully at large (as the case may be).'.— [Mr. Bob Ainsworth.]
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
New clause 5—Unconscionable delay—New clause 9—Referral of Part 1 warrant to Secretary of State—'A person's extradition to a category 1 territory is barred by reason of the passage of time if it appears it would be unjust or oppressive or not proportional in all the circumstances to extradite him by reason of the passage of time since he is alleged to have committed the extradition offence or since he is alleged to have become unlawfully at large (as the case may be).'.
`.(1) Where a Part 1 warrant has been issued in connection with conduct which would not constitute an offence under the law of the relevant part of the United Kingdom, that warrant must be referred to the Secretary of State, who must make a decision separate to any decision of the appropriate judge as to whether extradition to the requesting country would be proper in all the circumstances.
New clause 19—Injustice and oppression—(2) The Secretary of State must make an annual report to both Houses of Parliament on the cases in which he has exercised his discretion as set out in subsection (1) above and the reasons for the exercise of his discretion in each case.'.
Government amendment No. 45. Amendment No. 23, in page 6, line 19 [Clause 11], at end insert—'.—A person's extradition to a category 2 territory is barred if it appears that because the accusation against him is not made in good faith in the interests of justice it would, having regard to all the circumstances, be unjust or oppressive to return him.'.
Government amendments Nos. 47, 49, 51 and 52. Amendment No. 5, in page 30, line 38 [Clause 63], leave out'() passage of time;'.
and insert'12 months'
Amendment No. 91, in page 40, line 35 [Clause 78], at end insert—'3 years'.
`;—
Government amendment No. 74.(e) injustice and oppression'.
This list of amendments is not quite so extensive, but there are still some issues to deal with, and I shall take the least controversial first. Government amendments Nos. 49, 51, 52 and 74 relate to the speciality waiver and further extradition to a category 1 territory. Under the Bill as drafted, the UK was able to adopt a higher position on speciality, which means that we could agree on a reciprocal basis with a part 1 extradition partner that they, and we, can, after extradition, presume our consent to the person being prosecuted for offences committed before extradition took place. However, grave concerns were expressed about this issue, and we listened to the worries expressed by members of the Standing Committee, and of the Home Affairs Committee. We have therefore decided that the reference to the use of the higher position on speciality and re-extradition should be removed from the Bill, and these amendments achieve that aim.
Government amendment No. 47 is a purely technical amendment. It takes account of the possibility that such conduct might not constitute a criminal offence in the UK. In such circumstances, the district judge is required to apply the test of assuming that the conduct is contrary to UK law, and of then establishing whether the rule of double jeopardy prevents extradition. I turn to perhaps meatier issues: the passage of time bar to extradition, Government new clause 11 and Government amendment No. 45, and new clause 8 and its consequential amendment. The Government amendments duplicate the bar to extradition already contained in part 2 of the Bill. We made that change in the light of concerns expressed during consultation on the draft Bill, and in Standing Committee. Where extradition would be unjust or oppressive, as a result of the amount of time that has elapsed, it would in any case be prevented under the Bill's provisions on human rights. However, we have listened to the arguments and see no harm in giving the judge the explicit direction to consider the question of the passage of time. I hope that Opposition Members will be happy to accept the proposed change. New clause 5 would give the Secretary of State the power to intervene in any case where there had been an unconscionable delay. I am not quite sure what Opposition Members believe the Secretary of State could bring to resolving such an issue, or how he could make a decision on unconscionable delay that contradicted the district judge. That judge's decisions are already subject to appeal to the High Court and, on points of law, to the House of Lords, so why add the Secretary of State to the process? That would open up the avenue for the legal challenge and judicial review, which would delay the proceedings. I hope that Opposition Members will accept that that the new clause is unnecessary, especially when we are including in the Bill the requirement for the district judge to consider the passage of time directly. On new clause 9, the Opposition present us with an opportunity to say that, if the crime for which the person is requested is not an offence in the UK, the Secretary of State should decide whether that extradition would be proper. I am not sure exactly what that means. A warrant would be issued by a body that we recognise—and have recognised for some time—for extradition purposes, and certified by our central authority, the National Criminal Intelligence Service, for an offence committed in a requesting state that is punishable in that state by at least the threshold amount. The Home Secretary, we are told, should decide whether that is proper. I look forward to hearing Opposition Members explain how the Secretary of State should go about deciding whether the decisions taken by the judicial authority of one of our European partners are proper.I do not want to preempt my hon. Friend the Member for Surrey Heath (Mr. Hawkins), but the Minister might like to ask any one of the Labour members of the Select Committee who voted for the report and in favour of a specific clause that was similar to the new clause. It would give the Home Secretary a backstop power, in cases in which the crime in question was not an offence in the UK, to do precisely what the new clause suggests.
Members of the Select Committee must speak for themselves, but I am not sure that they were seeking to do what the hon. Gentleman suggests. I can speak only to the new clause tabled by Opposition Members. I would be interested to hear—I did not hear it in the hon. Gentleman's intervention—how the Secretary of State is to decide whether the decision, say, of a French magistrate, to request extradition was proper. I may have gone to a different school from the hon. Gentleman's, but I do not see how he could get his head around that problem. Even if he could, any decision taken would be subject to judicial review and we would be left with appeals and delays—precisely what we are trying to avoid.
If people from another EU country came here and broke our law, would we expect that country to put them on trial? The fact that the conduct in question was not contrary to the law of their home country would be no excuse. How would we feel about a French Minister deciding whether our request was proper? I ask Opposition Members to view the problem in reverse perspective and think more about the consequences of what they are proposing. The second limb of new clause 9 requires the Secretary of State to produce an annual report on the operation of the legislation. We do not believe that the Home Secretary should perform the role conferred on him by the Opposition in this new clause; nor do we see any need for an annual report. Home Office Ministers are answerable to Parliament and have to answer questions on the operation of extradition and other legislation—including details of the number of cases and the average time taken to process them. I see no reason for a formal annual report. No such requirement obtains in existing legislation and I see no reason to move in that direction. Amendment No. 5 is designed to limit the removal of dual criminality to offences attracting a three-year sentence, rather than a one-year sentence, as the Bill currently provides. The basic threshold for extradition that has operated for many years is set at 12 months, and we do not believe that it would be sensible to set a different threshold for the application of the dual criminality role. To do so would be a recipe for confusion. More than that, if hon. Gentlemen take the view that dual criminality is so important and necessary to prevent injustice when dealing with requests from another EU country—not a view that the Government share—why should that safeguard apply only to offences attracting a penalty of between one and three years, but not to more serious offences for which the person concerned potentially faces a longer period in prison? It would be illogical to impose a dual criminality requirement at the lower end of the offence scale, but not to impose such a requirement at the upper end. Secondly, I do not see why the UK's approach, in giving effect to European Union instruments, should always be characterised by doing the bare minimum necessary to comply, but I doubt whether many Opposition Members would agree. We have led on mutual recognition and we should seek to set an example to others. Several UK offences have no parallel in other European states, so there would be clear advantages for the UK and for the victims of crime here if other EU member states chose to go beyond the framework decision in respect of dual criminality. I shall now deal with Liberal Democrat new clause 19 and consequential amendment No. 91, which would add a further specific bar to extradition. I support the motives behind the amendments: we should not countenance extradition in circumstances in which it would be unjust or oppressive because the accusation ha .s not been made in good faith. However, the Bill requires no such enhancement. The bars already included in part 2, under clause 78, cover double jeopardy, extraneous considerations, passage of time and hostage taking. It is important also to remember that the whole Bill has the protections of the European convention on human rights firmly enshrined in it. Clause 80, "Extraneous considerations", specifically covers where the request has been made for the purpose of punishing the person on the grounds ofExtradition is barred if a person would be prejudiced at trial or have his liberty restricted for any of those reasons. I do not believe that any additional requirement is necessary, and there is a risk that the amendments would be counterproductive. Their language is so subjective that they would present fugitives with a golden opportunity to block and frustrate the extradition process by creating additional grounds for appeal. I am sorry for taking the House's time, but I wanted to cover all the amendments in this group. I hope that Opposition Members will be prepared to withdraw the new clauses and amendments in their names."race, religion, nationality or political opinions."
2.30 pm
This substantial group of amendments is not quite as large as the previous group. I want to deal first with the Government new clauses. It is a measure of the lack of enthusiasm for the Bill among Labour Members, especially those who belong to the Labour-dominated Home Affairs Committee, that the Minister has no one behind him on the Government Benches apart from his Parliamentary Private Secretary.
Government new clause 11, and the linked Government amendment No. 45, amount to a significant concession. We welcome the Government's agreement to insert in part 1 of the Bill a "passage of time" bar to extradition, as proposed in my amendment No. 23. That is very similar to what the Government have proposed for part 2 cases. In Standing Committee, I explained how clients of expert extradition solicitors such as Victor, Lissack and Roscoe had suffered injustice as a result of the huge delays in other countries' legal systems. We welcome the Government's concession, and I welcome what the Minister has said today. The Government's proposal in response to the Opposition's new clause 8 and amendment No. 23, which were tabled before the Bill reached the present Report stage, and therefore before the Government concession was announced. We are of course delighted that the Government have been converted to our point of view, if a little on the late side. The Bill should not be retrospective. New clause 2 was not selected for debate, but we hope that the other place will reconsider the issue of retrospection. Our new clause 5 deals with unconscionable delay. We hope that the Government will continue to consider, in another place and more generally, whether that new clause's wording would be of additional assistance to clarify matters further, given the bad experience that expert extradition lawyers have had. We also hope that a de minimis provision will be inserted in the Bill in another place and, although new clause 7 was not selected for debate, that trivial matters will be excluded from the Bill. New clause 9 deals with the referral of part 1 warrants to the Secretary of State. It is an important matter, and I can tell the Minister that, if necessary, we will press it to a vote. We have made it clear repeatedly that one of the Opposition's main objections to the new European arrest warrant machinery, and to the framework list that the Government have signed up to, is that many offences are listed that are not offences under UK law. Some, such as xenophobia and computer-related crime, are vague and undefined. The prospect is that UK citizens could be arrested here, at the request of a foreign authority, and shipped off abroad. They would not have the right to ask a UK court to test the matter. That is especially important in connection with undefined and vague categories such as xenophobia, and catch-all categories such as computer-related crime. New clause 9 would introduce the safeguard that the matter would have to be brought back to the Secretary of State, and that Parliament would receive an annual report. That would mean that there would be clear parliamentary scrutiny. My hon. Friend the Member for Witney (Mr. Cameron) made a well judged intervention on the Minister a few minutes ago when he made the point that the Labour-dominated Home Affairs Committee had called for just such a backstop. It is not good enough for the Minister to say that the new clause is not necessary and to ask how the Secretary of State would exercise the powers. We in this House are familiar with legislation that give Secretaries of State backstop powers. Given what the present Home Secretary has said about judges—the right hon. Gentleman claims that they do not operate legislation in the way that he intended, and says that judges should take note of what Parliament intended—I should have thought that he of all people would recognise that he needs the long-stop that a reserve power represents. Opposition Members strongly believe that there should be a regular report to Parliament, so that the massive change that the Government are introducing can be checked on annually by Parliament. Given the Home Secretary's very public anger about the way in which judges have stopped him doing what he wants, we hope that a scrutiny power for the Home Secretary will find favour. If the Minister is not empowered to say as much today, we hope that the debate in another place will force the Government to think again and give UK citizens the protection that they need. I stress that it would be even better if all cases could be looked at by a UK court before a British citizen is extradited for something that is not a crime in UK law. That is especially important after some of the issues raised by the Pinochet case. The danger is that another state could seek the extradition of Ministers—in the current Government, or in past or future Governments—in the same way as a Spanish magistrate sought to extradite Pinochet. Ministers may need to consider that possibility in connection with the current action in Iraq, or in connection with other international decisions. Reference was made in Committee to the concern about decisions made with regard to the bombing in Kosovo. Some people outside the House said that the decision was not an appropriate one for Ministers to take. The Minister must accept that the issue is serious. There is no doubt that it will be examined in another place. It cannot be dismissed. New clause 19, tabled by the Liberal Democrats, offers another sort of safeguard in these matters. Although our new clause 6 was not selected for debate, the issue remains important. I am sure that many people in another place with senior experience in government or in the law will share our concerns. We understand what the Liberal Democrats are doing with new clause 19, and in general we share their concerns. New clause 19 could be a helpful further safeguard. In the future, if a far-left or fundamentalist Government were to take power in Turkey, say—if it was an EU member by then—or in Italy, and if that Government were to seek the extradition of the UK Prime Minister or Foreign Secretary of the day, Conservative Members would be able to say that we warned the Government that that could happen. They would be able to say that it was because the present Home Secretary failed to introduce a political reasons exception to this Bill, as recommended on Second Reading by my right hon. Friend the Member for West Dorset (Mr. Letwin). The Bill needs a reserve power so that a future Home Secretary can have a fall-back position that will allow him to decide that extradition is not appropriate in certain cases. We do not agree with the list of offences to which the Government signed up in the framework decision, but we entirely understand the view put forward by the Chairman of the Select Committee, who is not able to be with us at present. He proposed an amendment that would have put the whole list on the face of the Bill. The Opposition might have proposed that ourselves if the list had been better, but our concern about the nature of some offences on the list means that that would not have been appropriate. However, the principle remains, and we shall come back to it in connection with a later group of amendments. Government amendment No. 47 is a technical amendment on double jeopardy, as the Minister made clear. It mirrors clause 14 and takes account of the possibility that the conduct complained of may not constitute a criminal offence in the UK. The Minister has made it clear that the Government acknowledge that possibility. Government amendments Nos. 49, 51, 52 and 74 represent a significant concession to the opinions expressed by us and by the Liberal Democrats in Committee, and by the Select Committee on Home Affairs, in relation to speciality waiver and re-extradition. We do not want other countries to able to assume that they have the UK's consent. I welcome the Government's concession, although it was clear from the Minister's letter to me that it was made somewhat reluctantly. I will not go so far as to say that it was made grudgingly, but it was not made as willingly as some of the others. Amendment No. 5, to which I am delighted that the hon. Members for Torridge and West Devon (Mr. Burnett) and for Orkney and Shetland (Mr. Carmichael) have added their names, would reintroduce the protection for which the Home Affairs Committee also called—namely, that the offences covered in clause 63 should be only those carrying three years' imprisonment, not 12 months. I remind the Minister that the Labour-dominated Home Affairs Committee used very strong language about that. It said:It went on to say:"In relation to the dual criminality requirement, we can see no justification for eroding the basic level of protection provided by the framework decision".
Amendment No. 91, tabled by the Liberal Democrats, seeks to introduce an "injustice and oppression" safeguard. We do not disagree with that, although it may not go as far as our suggestion of a political reasons safeguard. Although I have tried to be brief in summarising our responses to these matters and in speaking to our new clause, I should stress that my brevity does not suggest any lack of enthusiasm. These are important issues that will be taken seriously in another place, and I shall certainly want to press the new clause to division."The framework decision requires the UK to do so only in relation to offences with a maximum penalty of at least 3 years and we are dismayed that the Home Office is seeking to do so".
I have already said that we welcome the concession on speciality, and we also welcome the passage of time amendment tabled by the Government.
New clause 9 proposes important safeguards that we support. The Bill contains many offences that are not offences in the United Kingdom. We have not discussed swindling: if I bought a car from the Minister for £1,000 knowing that I could sell it to the hon. Member for Surrey Heath (Mr. Hawkins) for £2,000 and then did so, would I be swindling the Minister? Perhaps I would, but that is the basis on which business is done throughout this country. That might seem to be a facile example, but it goes to the core of the entire definition. These offences are nebulous and uncertain. We believe that there should be safeguards, so we support the new clause.As I said in my intervention on the Minister, I support new clause 9 because it is very close to what the Home Affairs Committee recommended as a backstop power for the Home Secretary. One of the objections made to us was that it may be contrary to the European arrest warrant and therefore out of order. As a good European, will the hon. Gentleman reflect on that possibility and give his view?
2.45 pm
In Committee, the Minister cursed his misfortune in having drawn the two most Eurosceptical Liberal Democrat Members—[Interruption.] I had better make that figure three, as my hon. Friend the Member for Somerton and Frome (Mr. Heath) is here, although he did not serve on the Committee. I believe in a Europe of nation states—a partnership—and I do not want to see foisted on our judicial system matters that are nebulous, uncertain and unfair to our own people or to people abroad.
I am delighted that we have the support of Conservative Members on new clause 19. The second head of injustice and oppression is not new—it is taken directly from section 11(3)(b) of the Extradition Act 1989 and appeared in all earlier extradition legislation. The Bill has adopted the cause of injustice and oppression arising out of the passage of time, which I welcome, and has rejected thetest in section 11(3)(c) of the 1989 Act. I refer to the case of Saifi v. the governor of Brixton prison, which demonstrated that in the absence of a discretion for the Secretary of State to refuse extradition—that is, to act as a long stop to prevent injustice in exceptional cases—grave injustice may occur, which is not avoided by the application of the Human Rights Act 1998. In another case—the Murat Callis case, which was a Turkish case—the court discharged the accused on the ground that the accusations were not made in good faith in the interests of justice, but were made as a means of blackmail. While the principle of mutual recognition must be recognised in respect of category 1 countries that are party to the European Union, it does not fall to be recognised in respect of category 2 countries. The Minister said that he supports the underlying aims of the new clause. He does not, of course, believe that there should be injustice or oppression. As I said, however, it is no good the Minister falling back on human rights protections, because those are not available. I want to say a few words about the change in the threshold from 12 months to three years proposed in amendment No. 5. The European arrest warrant removes the dual criminality requirement for 32 offences where those are punishable in the issuing state by a custodial sentence or detention order for a maximum period of at least three years. Clause 62(3)(c) reduces that to 12 months. The Government have provided no justification for the inroad into the protection offered at EU level. We should maintain the threshold at three years, which would reduce the risk of warrants being issued other than for the most serious offences in respect of which it has been decided that dual criminality is not required. On amendment No. 91, a person's extradition to a category 2 territory is barred if it appears that because the accusation against him is not made in good faith in the interests of justice it would, having regard to all the circumstances, be unjust or oppressive to return him. That is an important principle, and the House should consider it so."accusation not in good faith in the interests of justice"
I rise to support the amendments tabled by my right hon. and hon. Friends, but also to defend the liberties of my constituents, as all hon. Members must do. I am concerned about the Bill, and I want particularly to address the European arrest warrant.
Although I would be the last person to want criminals from other countries to remain in the United Kingdom, and would prefer them to be punished in their native lands, I am concerned that the Government are not responding through the Bill to a genuine problem but are pandering to the wishes of Europe—not an uncommon occurrence with this Government, I —am sad to say. Nowhere is that more apparent than in the Bill's provisions relating to the European arrest warrant. They would allow for British citizens to be extradited to other European Union nations for crimes that are riot recognised in the United Kingdom, and with only limited UK legal hearings. It is particularly worrying that certain crimes in other European countries—especially those relating to so-called xenophobia and racism, and to computer-related crime—are exceptionally difficult to define and pinpoint accurately. Surely it is unthinkable that any British Government should lay British citizens open to arrest for breaking laws that are not clearly definable. Were this Bill to be passed, an Englishman—or, of course, a Scotsman or a Welshman—who had perhaps done nothing wrong, or done anything that any right-thinking person in this country would condemn him for, or even anything that could be considered a criminal offence, could not feel secure in his own country.Does the hon. Gentleman believe that, when an Englishman is, for example, in Germany, he should obey German law or English law while he is there?
Of course I believe that any person in any country should obey the laws of that country. I believe most strongly of all, however, that no British citizen should be subjected to the laws of other countries while they are in this country. That is completely wrong.
I agree with my right hon. Friend the Member for West Dorset (Mr. Letwin), who, alongside the directors of the Democracy Movement and Liberty, presented a petition on this issue to Downing street in November. The Bill will achieve an increase in the bureaucracy involved in extradition, at the cost of proper checks. What it needs to do is to tackle the real criminals who are a serious danger to the British national interest and to catch and deal with terrorists while protecting the innocent from European pettiness. The European arrest warrant represents an assault on civil liberties in the United Kingdom that will be potentially devastating for British people who fall victim unintentionally to committing ambiguous crimes abroad. It will open the floodgates for British citizens to suffer in foreign prisons and under foreign judicial systems that do not share our own standards and values. I urge hon. Members to reject it.It is with great pleasure that I follow my hon. Friend the Member for Romford (Mr. Rosindell), who has made a powerful case about the dangers of removing the protection of dual criminality. I rise to speak specifically in support of new clause 9, which would put into law the recommendation of the Home Affairs Committee—I am pleased to see its Chairman in his place—to give a backstop power to the Home Secretary in cases in which extradition was being sought for something that was not a crime in this country.
The Minister asked, when 1 intervened on him, how the Home Secretary could be asked to designate a request as being "proper." That is the word in the new clause. I did not draft it, and I have to say that I prefer the Select Committee's carefully drafted recommendation about the backstop power. I will try to defend the proposal, however, and I want to make two points to the Minister. First, the Home Secretary has a role in extradition right now. He has to decide in many cases whether someone should be extradited, and whether it is proper to do so. All that we are saying is that, under the European arrest warrant, if a person were accused of something that was not a crime in this country, the Home Secretary should have a backstop power to say whether it was proper or not. Secondly, we are in new territory here. Never before have we given up the dual criminality protection, so why not give a backstop power to the Home Secretary? The backstop power proposed in new clause 9 is important because I believe that we are making a great mistake in getting rid of the protection of dual criminality. I shall give a simple example, so that we all know where we stand. Let us say that one of our constituents goes off to Spain, then returns to the United Kingdom and is accused of committing an offence. Under the Bill, so long as the arrest warrant had been properly filled out, that person would be returned to Spain. At no time would it be asked whether the offence that he was alleged to have committed was a crime in this country. I did not have the pleasure of serving on the Standing Committee for this Bill, but I know that the proponents of the European arrest warrant say that we must try to give them a good example of a case that would be affected in the way that I have described. Because we have the protection of dual criminality, I have to admit that it is difficult to point to a good case. Perhaps I can ask the Minister what he thinks of the point. Other hon. Members have identified the problem of the very vague 32 categories, one of which is "racism and xenophobia". Not a lot of people know this—as Michael Caine might say—but in Finland, under the category of racism and xenophobia, warmongering is an offence. I shall share with the House what someone would have to do in Finland to be accused of warmongering. The Home Affairs Committee report states:"It is an offence, if, during an ongoing or imminent military or international political crisis, for the purpose of causing Finland to be at war with the target of that military operation, to:
Unless I have got it wrong, anyone who, for example, supports military action in the Gulf against Iraq and who travels to Finland and makes the case that the Finns—who, after all, may soon be part of a common European security and defence policy—should join the coalition, would be committing an offence. Suddenly, that could be something for which someone could be extradited. I would not recommend that either the Foreign Secretary or the Prime Minister should rush to visit Finland if they are going to talk about what is going on in the Gulf. I see the Minister laughing, and I admit that it is quite funny. I did not know that that was Finnish law until recently.—publicly disseminate statements or other propaganda intended to turn the public opinion in favour of the carrying out of offensives".
Will my hon. Friend consider this further possibility? Were someone in Finland to access the Downing street website and read the many arguments for war that it puts forward, it might be possible for an alert judge or prosecuting magistrate in Finland to extradite the Prime Minister for warmongering.
Absolutely. We have only to look at the Downing street website to see many statements in support of military action. They could be taken as an attempt to encourage the brave and plucky Finns to join us in the Gulf.
I observed that the Minister was laughing at that example, but the problem is that the Bill is removing dual criminality as a protection. It is an important safeguard that people in this country have had for years. All that our modest new clause 9 proposes is to give a backstop power to the Home Secretary. I am sure that in most cases he would say, "It is fine. The arrest warrant has been filled out, and it can go ahead. This is clearly an offence." However, we would give him a backstop power for cases in which there was no dual criminality, so that he could say, "Hold on a second. This should not happen." Proponents of the European arrest warrant always ask why someone should be protected just because they have managed to cross a border. They have been in Germany, Spain or Portugal, so why should they suddenly have protection when they get back to good old Blighty? My answer would be that our legal system is here to protect our citizens, and that that protection should be given up only if we can really trust the legal systems of other states. It is one thing to do that, as we have done in extradition cases for many years, when a crime that we recognise has been committed. It is quite another thing to give up that protection if we do not recognise the crime. This whole question turns on whether we trust other member states' criminal justice systems. 3 pm The case of the plane spotters in Greece has been mentioned several times. It is not directly relevant to the EU arrest warrant because they were arrested in Greece and did not make it back to the UK. However, it showed people in this country that one could be held in prison in Greece for weeks on end before even being charged, let alone tried. That is what shocked so many people in the UK: those people had not even been charged, yet they were languishing in a Greek jail. My argument does not rely merely on one case, however. There are four vital objections to the removal of the protection of dual criminality. I shall deal with them briefly. First, we do not know for certain which offences will be covered by the EU arrest warrant. As I said earlier, the 32 categories include some extremely vague offences, such as xenophobia. We do not have a detailed definition of the offences that will fall into each of those categories in each member state. The Home Office told the Home Affairs Committee that it did not have detailed definitions of offences in the criminal justice systems of other EU member states. The Home Office cannot tell us for which specific offences we might be in danger of extradition. Secondly, the 32 categories do not appear in the Bill. When the Select Committee asked the Home Office why that was so, the response was that article 2.2 of the framework decision allowed for the list to be amended. We have thus been told that new classes of offence and extra offences could be added without proper parliamentary scrutiny. We are certainly not discussing them today. As those new classes of vague offences are added, we will not know which crimes fall within them. The Government rejected the Committee's recommendation to import the list of 32 offences directly into the Bill. Their response stated only that, although they do not know of any plans to amend the list of 32 offences, they believe that they must retain the flexibility to deal with any such changes. Do the Government want to amend the number of categories or not? The Select Committee's response to the Government was clear, and I could not agree more: the UK's domestic law should be clear in the future Act. Citizens should not have to refer to the EU document "sitting behind" the Bill in order to know what the law is. We should know about the laws that we are passing. My third objection is that the situation is not static. Individual countries can add extra offences in each of the 32 categories—[Interruption.] I think that the Minister said "So can we". Even if he can tell us about every offence under each of the categories, including Finnish warmongering, he cannot reassure us that Governments will not create new offences in future. The protection of dual criminality would not exist for any of them. My final objection is that countries joining the EU could automatically be designated category 1 countries and therefore be part of the European arrest warrant system. In fact, there is no restriction on any country being designated category 1—it does not have to be a member of the EU. The Government said that they do not intend to designate other countries as category 1, but they seem to be retaining that possibility. Their reason for rejecting the Select Committee's recommendation was that they required flexibility to be able to designate other countries as category 1, so there is no reassurance there. Countries that join the EU or that become subject to the European arrest warrant can decide on their own interpretation of the 32 categories. They can decide which offences fall under them and add other offences in future. In summary, what that means for our constituents is that getting rid of dual criminality is no small thing. The Minister is not saying, "Here is a small list of offences in a small number of countries. They will not change and all I ask is that you trust their criminal justice systems in those limited cases." He is not saying that at all. In effect, he is saying, "Here is a list of 32 vague categories of offence but I cannot tell you which crimes will be included in them, nor can I tell you which new categories will be added in future. I cannot tell you which new offences will be added to those categories and I cannot tell you what countries joining the EU in future will do". There are no guarantees whatever. To put the matter in tabloid form, the Minister is not telling us to trust the current Greek, Portuguese or Spanish criminal justice systems. Instead, he is saying that we must trust any criminal justice system of any present or future EU country not as it is today but as it may be decades in the future. That is why we need a safeguard. New clause 9 is modest, and I can see no objection to it. We are asking only that the Home Secretary be allowed to decide in cases in which the offence is not a crime in this country. We should give him that backstop power. Will the Minister explain what is wrong with that? I can see only two possible objections. The first is that such a role is not appropriate for the Home Secretary—perhaps because he is too busy. I cannot believe that. Only a few cases would be involved. The Home Secretary should appoint another Minister to replace the right hon. Member for Southampton, Itchen (Mr. Denham). That would reduce the workload—[Interruption.] I am trying to help the Minister to have a fulfilling life. The Home Secretary has played a role in extradition for decades, so that cannot be an objection. As I said, there would be only a few cases in which people were subject to extradition for an alleged crime that is not an offence in this country. The only other possible objection is the one that I raised with the hon. Member for Torridge and West Devon (Mr. Burnett). I now know that the hon. Gentleman is a good man as well as a good European, because he supports a Europe of nation states.Independent nation states.
The hon. Gentleman gets better. Soon he will outflank me on the right.
The other objection relates to whether the provision would be allowable under the European arrest warrant. Will the Minister tell us what legal advice he has received on that? The House should try to get the law right for this country. There certainly should be expeditious extradition arrangements between European countries but we should not get rid of fundamental protections. The House should include a backstop power for the Home Secretary in the Bill and then we should see what the European Court makes of it. We should not lie down meekly because Ministers signed things away in Europe without thinking them through and say that we have to go along with them with no further debate. I hope that we shall divide on new clause 9 and that it will receive support from both sides of the House or, at the very least, from all the members of the Home Affairs Committee.It is with great humility that I shall try to follow the masterly summary of the arguments given by my hon. Friend the Member for Witney (Mr. Cameron). My hon. Friend the Member for Romford (Mr. Rosindell) also spoke passionately and well. I support in every particular the comments of my hon. Friend the Member for Surrey Heath (Mr. Hawkins).
It would be foolish to pretend that the Bill is objectionable in every respect. I welcome some aspects of it, such as the speeding up of some of the procedures. The Minister heard a great deal in Committee about cases such as that of Rachid Ramda who was involved in the Paris metro bombing and succeeded in spinning out his case against extradition from the UK to France for seven years. It would be a very good thing if men like him were not able to monkey around with the judicial process for so long. I want to focus on dual criminality, as my hon. Friends the Members for Witney and for Romford and other hon. Members have done. I can understand that we have something to gain and something to lose by getting rid of the principle of dual criminality in the case of European extradition warrants. We have heard that we would gain in cases where we wanted to extradite to this country someone who was guilty of something that we had made a crime in this country. but was not criminal conduct in another country where that person happened to be. Swindling, the age of consent and various other examples of how we might gain have been raised. We would have something to lose, of course, and I want to range against each other two principles of law—mutual recognition and legal certainty. In my judgment, there is an overwhelming case for preserving legal certainty, not going down the route that the Minister constantly invites us to take, which he calls mutual recognition. There is a reason for that: this is not mutual recognition, properly so-called. I said that time and again in Committee until I was virtually blue in the face. I had the great joy of spending five years in Brussels, reporting on the creation of the single European market, very largely brought about by Baroness Thatcher—it was in many ways a Conservative programme of extending the benefits of free trade and mutual recognition of standards and norms across the EU. Lord Cockfield, a former Conservative Cabinet Minister, who was the Commissioner responsible for the single market, pioneered the principle of mutual recognition, which is, of course, instantiated in the famous Cassis de Dijon case. Under the principle of mutual recognition, if the Minister manufactures sausages that contain a red dye that is approved in his constituency, but not in Germany, or the Germans do not approve of the standard of sausages that he makes because they contain too much red dye, that sausage must be—Extradited.
No, not extradited. That sausage must be legally bought and consumed in Germany. The rule of mutual recognition says that what is sauce for the goose is sauce for the gander, and if we in this country say that the sausage is perfectly good for us and perfectly good for the Minister and made him what he is—a fine figure of a Minister—there is no reason why the Germans should not eat it too. That is mutual recognition.
I want to tell the House in all candour that that principle can be very happily transferred to the criminal law. A moment or two's reflection will show why that is the case. It is possible throughout the Community to recognise two different types of sausage—the type that the Minister makes, in my hypothesis, and the type that the Germans want—so we could have German sausages and the Germans could have British sausages. There is a free movement of sausages—mutual recognition of sausages. It is not possible to bring that about in the criminal law. It is not possible simultaneously to make it legal to drive on the right and on the left in all Community countries. The Minister will start to appreciate the point that I am making. It is not possible simultaneously to have a legal age of consent at 15 and at 18 in this country, and there are variations across the Community. Therefore, what we are talking about is not mutual recognition, as it has been generally understood in building the Community. If anything, what we are trying to introduce by the European extradition warrant and the wrongful importing into the argument of the principle of mutual recognition is the assumption that, in any dispute between two criminal jurisdictions involving an argument about whether or not something is a crime, the higher standard will prevail; it will be assumed that that act is a crime for the purposes of extradition. That is not what is meant by mutual recognition. I am belabouring that point, and I mean to belabour it because I do not feel that it has been properly understood. I have tried to din it into the heads of Labour Members, but they have remained obstinately immune.3.15 pm
The hon. Gentleman will forgive me if I do not engage in a debate about sausages, but does he believe that, if the age of consent is 18 in another European country—to use the example he gave—and people from this country went there and committed an offence, they should not be eligible for extradition?
As I said in my opening remarks, I really think—I shall come to this point again in a minute—that we have something to gain and something to lose from such extradition. There will be things that we think are criminal, that are not recognised as crimes in other countries, for which we would like to extradite people to this country, and we will lose that opportunity.
It is a simple question, Boris.
My answer is no. I do not think that that involves mutual recognition. The House is being asked to agree that, in any dispute between two criminal jurisdictions, it should be assumed in deciding the matter of extradition that there is criminal conduct. It may be that the country in which the person currently resides says that the conduct is not criminal but, if there is a dispute, it will be assumed for the purposes of extradition that criminal conduct has taken place. That is something different from mutual recognition, and that fact should be recognised.
During the hon. Gentleman's five years of journalism in Brussels, did he obey Belgian law or English law? Is it not the height of arrogance for him to suggest—this is the conclusion of his argument—that people from this country who go abroad are bound by their native law, not by the law of that other country? In effect, that is what he is saying.
I am not going to take that criticism from the hon. Gentleman. Of course I obeyed Belgian law. As my hon. Friend the Member for Romford pointed out, we should obey the law of whichever Community country we happen to be in. Of course that is what we are saying, but we are also saying that when people are in Britain, they should have the legal certainty that the laws of this country, not those of another Community country, will apply to them. The whole point is that they will be vulnerable to extradition for things that are not crimes in this country. That is the point on which we differ.
It is perfectly clear that there is a list of 32 broad categories of offence. As my hon. Friend the Member for Witney pointed out, that list can be varied at will by the European Council on a majority vote. There is no way that we can possibly influence the changes made to those categories of crime or, indeed, to the criminal justice systems of other countries, so we are giving up our democratic right to make the law of this country.To clarify the situation, the list can only be changed by unanimity. What we cannot do, however, is prevent the Belgians from changing Belgian law, or the French from changing French, law first as we will not allow them to prevent us from changing British law. If we changed British law, would we not expect people in our country to obey our new law?
I am grateful to the Minister for clearing up the point about unanimity and majority voting, and I am sorry to have got that wrong just now. He makes the point well that it is up to the Belgians to vary their own criminal justice system. We will have absolutely no influence over that. The net result will be that a citizen in this country can be extradited to Belgium or to another category 1 country to face charges for something that is not a crime in this country. In my view, that is taking away the legal certainty of people whom we represent and the freedoms of people whom we were elected to serve. It is rash of us to do that, particularly when we consider how deeply at variance we currently are about one aspect of international law: we cannot agree with the French about the legal status of the action that we are taking in Iraq. There is a huge difference of opinion about the legality of that most vital international operation. How, therefore, can we expect to have consensus and harmony about a great host of minor matters, and how can we possibly expect our citizens to have any certainty about what laws apply to them as they move around the country?
The hon. Gentleman is in danger of misrepresenting the case by almost suggesting—I know that he did not intend to say this—that a citizen of this country who has never set foot outside it will somehow be subject to extradition because he has broken a law in Britain that applies in another country. That is of course not the case. Citizens of Britain who go abroad are subject to the laws of that realm, and if they commit a crime in that country, irrespective of whether it is a crime in this country, they must surely be held accountable in the country that they have freely chosen to visit. Surely that is a fundamental point.
Of course such people must be held to account, and I am not opposed to their being held to account for crimes that they may have committed in foreign countries. Of course we must respect the legal systems of other Community countries. I am simply saying that when we think that there is no crime under our laws, it should be possible for the Home Secretary—a democratically elected representative of our people—to decide that there is no case for immediate extradition. The European extradition law means immediate extradition, with no argument and no discussion. All that the Opposition are suggesting is that that very small safeguard should be built into the Bill. That seems not much to ask.
The hon. Gentleman is making a powerful point, with which I have considerable sympathy. As he knows, dual criminality is abolished for category 1 countries. For example, someone who might have broken a swindling law in another category 1 country might be completely oblivious of the fact that he has broken any law whatever and would consider himself entirely innocent. Does the Gentleman agree that in those circumstances there must be some safeguards and there should not be immediate extradition?
I am very grateful to the hon. Gentleman, who advances ever further in the hierarchy of soundness and common sense. It is miraculous what common sense Liberal Democrats in the west country show when they are up against Conservatives.
To return to the previous intervention from the hon. Member for Glasgow, Cathcart (Mr. Harris), I am in favour of us all obeying the laws of other Community countries and taking the consequences when we get home, provided that there is dual criminality. The Gentleman should bear in mind, however, that under the Bill, as he suggests, someone might be sitting in their front room doing something on a computer—as that is envisaged in the text of the Bill—and, as I read it, it is not outside the bounds of possibility that they could be extradited without having even set foot in a foreign country. The possibility that he raises as a reductio ad absurdam is therefore not as absurdam as he suggests. Finally, I want to revert to the case of the Kalamata plane spotters, as the last time I did so I said that it would have been awful had they come back to Britain and been extradited on the spot. I think the Minister stood up and said, "Ha, ha! They could already be extradited, even without this extradition warrant Bill, because they were arrested under charges of espionage, and they would have had to go back." It was a good point. As I was able to say to him then, however, and as I shamelessly repeat now, the point is that under the current law the Home Secretary can decide whether to vary that warrant. It would be a small protection for our citizens to give the democratically elected Home Secretary the ultimate power to decide whether an extradition request from a European country was vexatious or improper. It is not beyond the imaginative powers of the Minister to understand how the Home Secretary, who is a very capable and intelligent man—unless the Minister is trying to tell me otherwise—could decide whether an extradition warrant was proper or not. He would simply decide whether the case had been well made and whether there was a case to answer, even if he could see no dual criminality, and then sign the case off. Installing such a small protection for the people whom we represent is the very least that we can ask of the Government. I do not understand why the Minister does not do that because I can imagine the headlines that will be written after the provision bites. There will come a time when he will be recognised as the author of this sad legislation. I can imagine his future embarrassment and what certain tabloid newspapers will do to him. I could write the headlines for him—maybe I will. If he has any power of reflection, I urge him to think twice and accept the amendment.It is a great pleasure to follow the hon. Member for Henley (Mr. Johnson), not least because my hon. Friend the Member for Liverpool, Walton (Mr. Kilfoyle) tells me that the hon. Gentleman has an iconic status among the young people of Liverpool. I am not entirely sure how that has arisen, but no doubt I shall gain some brownie points from my hon. Friend for speaking against the hon. Gentleman.
I listened carefully to the hon. Gentleman and, to put it kindly, the logic of his argument was muddled. He seemed to advance the theory that extradition should be right and permissible only when the offence that is committed in one country is roughly the same as an offence under our criminal law, which I assume he would concede to be the principle of dual criminality. I think that that was the burden of his argument, although he might wish to correct me because he was somewhat muddled and I might have misunderstood him. I found it rather shocking that the hon. Gentleman made that argument, and I have two problems with it. I think that he believes that nation states have the right to decide what is right and appropriate for them. I presume that his time spent as a journalist in Brussels reinforced that view because I have heard him advance the argument in the past. If he accepts that any nation state, whether in the EU or not, has the right to make such decisions, it follows that any visitor to a nation state is bound by its law and that any visitor who commits an offence there yet manages to get home should expect to be extradited back to that country to face the music. I have no problem with the logic of that and I do not know why the hon. Gentleman, who is a great defender of nation states, cannot understand why that must be the case.rose—
rose—
I shall give way to the hon. Member for Witney (Mr. Cameron) and then the hon. Member for Henley.
Surely the logic of the hon. Gentleman's argument is that we should remove the protection of dual criminality not only from EU states, but from states throughout the world.
3.30 pm
No. The omission that the hon. Gentleman makes in raising that point is that all other EU states, and even to some degree the applicant countries, recognise that there is already a framework setting down some minimum standards. So, there is a distinct difference. For argument's sake, I would not say that that would be so in all countries in the world, because clearly there are some places where criminal law is not as sophisticated as that in most European states and ours.
rose—
I will not give way to the hon. Gentleman again, because I said that I would give way to the hon. Member for Henley.
I am not, of course, saying that people should not be extradited except where dual criminality applies. No one on the Conservative Benches is saying that. The hon. Gentleman grossly misrepresents my argument. All we are saying is that when dual criminality does not apply, the Home Secretary should have the power to decide whether to go ahead with the extradition. I thought that I had made that abundantly clear.
The hon. Gentleman's indignation overtook my ability to make my second point, which was indeed to talk about the Home Secretary's role. I happen to have been a junior Minister at the Home Office when my right hon. Friend the Member for Blackburn (Mr. Straw), as Home Secretary, had to study and make a decision on the Pinochet case. I shall not go into all the rights and wrongs of that, but I will make a couple of observations about the process.
First, a cordon sanitaire had to be built around my right hon. Friend because it was properly recognised by officials that he could not be easily influenced by anything else going on and that he had to concentrate uniquely and almost single-mindedly on the arguments for the application for extradition and their merits or otherwise. Secondly—rose—
If the hon. Gentleman will let me finish my point, I will allow him to intervene.
Secondly, although I had no direct or even indirect involvement in the Pinochet case, I know that my right hon. Friend had to concentrate on the legal arguments that both sides put before him. He was not acting as some superimposed arbiter of right and wrong, but deciding on the legal arguments which, in almost any other circumstance, would have fallen to a judge.The right hon. Member for Blackburn (Mr. Straw) was in a difficult position because as a youth he had been out demonstrating against Mr. Pinochet. As far as I can remember, that was the particular difficulty that beset him. It is hard to imagine similar difficulties affecting future Home Secretaries in making such decisions. I therefore do not see why the hon. Gentleman's point invalidates the general desirability of a Home Secretary making such a final, safety, backstop judgment on whether extradition should go ahead.
The hon. Gentleman's point applies not only to my right hon. Friend but to almost all politicians. The truth is—and the hon. Gentleman is no exception to this rule—we all have form. Every one of us in pursuit of our political careers has taken positions on all sorts of things. If the hon. Gentleman ever found himself in a position such as the one I have described, he too would have form—not necessarily on Pinochet, but he will have made pronouncements not only in his political life but during his career in journalism. That is why it is far better for such things to be decided by judges than by those of us who find ourselves in political positions that on occasions may have quasi-judicial implications. The hon. Gentleman has not made a strong case. All the arguments go in the opposite direction, and I certainly shall not be voting for the Opposition amendments.
Where do I start? I thank my hon. Friend the Member for Knowsley, North and Sefton, East (Mr. Howarth) for trying to help me bring a little clarity and logic to the debate, although that is pretty difficult.
Let us try to unravel some of the jumbling that has gone on since the Conservative Back Benchers, joined by the hon. Member for Torridge and West Devon (Mr. Burnett), took over the debate. The hon. Member for Torridge and West Devon complained about the list, and someone not knowing whether or not he was committing an offence. I understand that the Gentleman is a lawyer. If he is seriously telling the House that ignorance of the law is a reason for rendering one immune to prosecution, he should stand up and say so, otherwise he should not have come to the House and spoken about someone not knowing they had committed an offence.Of course, I recognise and acknowledge that ignorance of the law is not a defence against a charge. Having said that, if someone commits an offence overseas which he believes is not an offence—he believes that it is an entirely innocent—act and is then subject to extradition, surely there must be some safeguards.
So if a German, for example, comes to our country, breaks our law, returns to Germany and says, "But wait a minute, I didn't know I was breaking the law," he should not be sent back here to face justice.
rose—
No, I am not going to give way to the hon. Gentleman again.
That is exactly what the hon. Gentleman is saying—there must be a safeguard that prevents that man from being returned. His ignorance of the fact that he was breaking the law ought to provide him with protection from prosecution.The whole point, as the Minister well knows, is that ignorance of the law of one's own country is not a defence—that is indisputable. However, let us suppose that a fine, influential, upstanding Home Office Minister went to Finland and made a speech defending the behaviour of the coalition forces in the war, argued that there were good reasons for supporting military action in the Gulf, then went back to London thinking that he had done a good job, only to find that he was guilty of breaching the Finnish law on warmongering, would that Minister he wholly innocent or not on the ground that he did not know—and I bet that the Minister does not know, but perhaps he will correct me—that warmongering is an offence in Finland?
Let me try to deal with the issues that have been raised.
rose—
l shall not accept interventions for the moment, but of course I will allow hon. Members to intervene later.
We have heard numerous contradictions, including many in the speech of the hon. Member for Henley (Mr. Johnson). He said that if the age at which someone could be prosecuted as a criminal in this country was different from that in another country they should not be sent back. However, only a couple of sentences later, he agreed that when he was in Belgium he abided by Belgian law. He cannot have it all ways. The hon. Member for Witney (Mr. Cameron) spoke about somebody who had committed an offence in Spain and returned to this country. That person could be extradited and, during that process, at no time would it be asked whether or not what he had done was an offence in that country.No, I did not say that.
Wait a minute, that is what the hon. Gentleman said. If he wants to check the record, he can do so, as that is clearly what he said. I do not know whether he spoke in error.
rose—
I urge the hon. Gentleman to sit down, as I am not going to give way to him. That is what he said. If he said it in error, I accept that, but he did say it.
That idea is being bandied around in Conservative circles, and people are beginning to believe their own propaganda. There is nothing whatsoever in the Bill that says that people can be extradited for activities in this country that are not an offence here. I wish that hon. Members would stop making that allegation because it is not true. The Bill includes a requirement that provides the legal certainty that the hon. Member for Henley asked for. The Bill contains a requirement that whether or not somebody crosses a border, people must abide by the law of the country within which they are. That applies to people who come to our country as it applies to UK citizens who go abroad. If a German, a Frenchman or a Spaniard comes to our country and breaks our—Will the Minister give way?
Hold on for a moment.
If that person comes to our country and breaks our law, he or she would be punished under our law while present in this country. In my view, t