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UK Extradition Arrangements

I am not sure that the hon. Lady's last point is right, but I take her general point, and obviously the CPS will have heard what she has said. Let me turn to the case of Gary McKinnon, which has been raised many times, not least by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes). This case is different from Mr Ahmad's, as it falls to be decided by my right hon. Friend the Home Secretary. I shall briefly explain the reasons for this. Mr McKinnon has exhausted all rights of appeal under the Extradition Act 2003, and the European Court of Human Rights refused an application to impose a stay on his extradition. However, under the Human Rights Act 1998 the Home Secretary is under a duty not to act in a manner that is incompatible with a person's rights under the European convention on human rights. She must therefore consider whether, as a result of events occurring after the extradition proceedings, it would be contrary to the convention for a person to be extradited. The sole remaining issue, therefore, is whether extradition is compatible with Mr McKinnon's convention rights. The Home Secretary sought the independent advice of the chief medical officer, who has provided the names of two experts whom she believes to be well placed to provide evidence on the relevant medical issues. Those experts are preparing a report that will help the Home Secretary to determine whether extradition would contravene Mr McKinnon's convention rights. We hope that the experts will report as soon as possible; but clearly a number of issues will need to be considered in depth. During tonight's debate, as in the previous debate, a number of concerns have been raised regarding specific European arrest warrant cases. We will take careful account of the points made by right hon. and hon. Members in respect of those cases. In the case of Benny Wenda, which was raised this evening by the right hon. Member for Oxford East (Mr Smith), we understand that an internal red notice for Mr Wenda has been issued by the Indonesian authorities. That does not constitute an extradition request for the purposes of the 2003 Act. Generally, if an extradition request is issued by a country in relation to which the person sought has refugee status, the Home Secretary can refuse to certify the request, and if it comes to the attention of the courts during extradition proceedings that the person sought has refugee status in relation to the country seeking extradition, the courts can discharge the person from extradition proceedings on human rights grounds. I hope that that helps the right hon. Gentleman. It is worth my repeating what I said on 24 November. We share the concern expressed by my hon. Friend the Member for Esher and Walton (Mr Raab) and many others—including my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) and the hon. Member for Edinburgh West (Mike Crockart) —about the issuing of European arrest warrants for trivial offences. That is a significant issue which the Government seek to address as a matter of urgency. As I said in our earlier debate, I know that Members' concerns are shared by other European Union member states and by the European Commission. While we are considering whether wider action is required to meet the challenge and resolve the problem, we continue to discuss the matter with, in particular, our Polish counterparts to encourage their prosecutors and courts to consider proportionality before an European arrest warrant is issued. The debate has made clear that Members in all parts of the House understand that these are complex and important issues and that there is significant evidence to be assessed, all of which requires careful analysis and reflection. The debate has provided much more useful information and analysis, all of which I know the Home Secretary will take carefully into account. As soon as we can, we will announce what action we propose to take in the light of the extradition review.