---

Police and Justice Bill

Indeed, and I will turn to the point of dual criminality in a moment, as it is extremely important. The second convenient fiction is that those of us who have opposed the measure from the beginning were doing so largely on the basis that it remained unratified by the United States Administration. That is absolutely not the case. Indeed, many of us have argued that ratification is almost irrelevant because of the Government’s pre-emptive action of putting the measure into effect in British law a full three years before it was ratified by the United States Senate—we understand that, although it has been passed by the Senate, it is still on the President’s desk, and the instruments of ratification have not yet been exchanged. If the treaty is unfair and unequal, ratification is irrelevant, as it is still not in the interests of the United Kingdom and its citizens. That is our point. There is a slightly erudite point, which ought at least to be mentioned, as to whether ratification is possible if the amendments are retained in the legislation. Undoubtedly, we would be brought into conflict with the law of international treaties if we have legislation in contradiction of the terms of the treaty that we have signed and ratified. That is a problem for the Government, however, and not for the House, which can only legislate on the basis of the measures before it, and their implications for British citizens. It is an illustration of the folly of using secondary legislation to put into law provisions that were not subject to proper consideration by the House.