Proceeding contribution from Mike Crockart (Liberal Democrat) in the House of Commons on Monday, 5 December 2011. It occurred during Backbench debate on UK Extradition Arrangements.
UK Extradition Arrangements
I do indeed. That is exactly what the JCHR report asks for. It supports that unequivocally, as do I—[Hon. Members: ““Hear, hear!””] That does not make me anti-European, however. I am not saying that the use of EAWs has not been beneficial to the UK and Europe in the fight against serious and organised crime, or, to a certain degree, helpful in establishing a common area of freedom, security and justice, but we should not ignore the problems to support such advances. The independent Baker review focused on five areas of extradition. Although I disagree with many of its findings, I share many of its points. On the Home Secretary's power to extradite, I instinctively have grave reservations in giving Ministers further powers when the distinction between state and judiciary becomes blurred. I believe that human rights considerations are more appropriately examined by the judiciary rather than a Minister, with proper consideration of relevant case law. The Baker review also calls for a strengthening of legal representation in both issuing and executing states; an improvement in the process for the removal of EAW alerts, which was highlighted by the dreadful treatment received by Deborah Dark; and the prevention of excessive pre-trial detention. As a side comment, I would say that seven years is almost certainly excessive. There is a degree of unanimity on the need to act on those points. One fundamental consideration is lost in the detail: whether our constituents—British citizens—have sufficient protection in respect of their safety and human rights. As Liberty eloquently wrote in its 11 November letter to the Home Secretary, that is a balancing act:"““There is, of course, a balance to be struck in any system of extradition between the public interest in expeditious extradition to enable prosecution of crime and the provision of essential safeguards to ensure procedural fairness for the accused…the Extradition Act 2003 secures the former at the dangerous expense of the latter.””" I agree that the balance is wrong, and commend the Government's willingness to re-address it and secure the fundamental rights of the nation's citizens. However, I trust that the Minister will put a time scale on the willingness to act that is more precise than the one he articulated in last week's debate. Such affronts to justice have waited too long. We must put them right and do so soon.
Secondary information
- Type
- Proceeding contribution
- Reference
- 537 c99-100
- Session
- 2010-12
- Chamber / Committee
- House of Commons chamber
- Subjects
- Administration of justice Arrest warrants Extradition Human rights USA
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- View this Proceeding contribution on www.publications.parliament.uk
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