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My right hon. Friend will be aware of the notorious NatWest Three's decision yesterday to plead guilty to conspiring with Enron staff to defraud NatWest of $19 million. Does he agree that that vindicates the changes that the Government made to our extradition rules with the US, and that Opposition claims that—
Asked by
Anne Snelgrove (Labour)
Answering body
Treasury
Topical questions - Supplementary
Status
Answered
Date
29 November 2007
Reference
468 c432
House
House of Commons

US-UK Extradition Treaty. Emergency debate following a Standing Order No. 24 application. Motion to adjourn. Agreed to on division (246 to 4).

Lead member
Nick Clegg
Answering member
Jack Straw
Department
Leader of the House of Commons
Type
Adjournment debates; Emergency debates
Notes
At this time, Emergency debates were made in the form of a motion for the adjournment.
Date
12 July 2006
Reference
448 c1396-450
House
House of Commons

From a Government—[Interruption.] I think that I have the Floor, Mr. Deputy Speaker.

Member
George Galloway (Respect Party)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1436
House
House of Commons

Forgive me, but I had better press on because I think that the wind-ups will start in about 10 minutes. My second point is specific to the United States. I speak as one who is a longstanding friend of the United States. My grandmother was an American citizen from Tennessee,...

Member
Viscount Hailsham (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1439-40
House
House of Commons

Perhaps another reason was that the Home Secretary retained residual discretion not to extradite.

Member
Viscount Hailsham (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1420
House
House of Commons

My right hon. and learned Friend is of course right. That is one of the issues that have arisen over the past two weeks. When people have written to me saying that the Home Secretary should exercise his discretion not to extradite, I have had to write back pointing out...

Member
Dominic Grieve (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1421
House
House of Commons

The provisions of the European convention on extradition were incorporated in the Extradition Act 1989 by the Conservative Government, but the natural forum protection provisions were not. Why did the Conservative Government not include those provisions?

Member
Mike O'Brien (Labour)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1420
House
House of Commons

The Solicitor-General makes a good point. The answer to his question is that I do not know, but I would hazard a guess. At that time, we were still operating on the basis of having to show a prima facie case. The removal of that essential safeguard makes it all...

Member
Dominic Grieve (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1420
House
House of Commons

At the cost of arguing against myself, I did mention Guantanamo. I do not think there is any evidence that the three people involved in this case will be given uniforms like those who are detained there. We should also bear in mind what the United States Supreme Court has...

Member
David Winnick (Labour)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1422-3
House
House of Commons

I have listened carefully to my hon. Friend’s argument, and it is an important argument—but, with the greatest respect to my hon. Friend, he is making a legal point. He is claiming that there is not a broad similarity between the two tests. As far as I can see, this...

Member
Mike O'Brien (Labour)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1423
House
House of Commons

I have reservations and concerns about what we are debating, but I will say this: if the position were different and either of the Opposition parties were in office, the same procedure would be taking place. I know that the Opposition parties do not agree. My hon. and learned Friend...

Member
David Winnick (Labour)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1421-2
House
House of Commons

When the hon. Gentleman reflects on the American system, perhaps he should keep in mind Guantanamo Bay, and also the extraordinarily long prison sentences that are being imposed in respect of matters that would attract very modest sentences in this country.

Member
Viscount Hailsham (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1422
House
House of Commons

I want to clarify the nature of the hon. Gentleman’s argument. He seems almost to be suggesting that we should make it the responsibility of a judge at a hearing to determine whether it is appropriate for the Serious Fraud Office in this case, but in other cases the Crown...

Member
Mike O'Brien (Labour)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1419-20
House
House of Commons

I am afraid that the Solicitor-General again does himself less than justice. Other courts, such as the Irish jurisdiction, are perfectly capable of resolving the issue of the forum test. He has once again moved from the general points that I want to make to the particular points about the...

Member
Dominic Grieve (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1420
House
House of Commons

I congratulate the hon. Member for Sheffield, Hallam (Mr. Clegg) on obtaining the debate and on the way in which he opened it. I also congratulate the shadow Attorney-General on the extremely cogent points that he made, and I find myself in total agreement with the speech of the hon....

Member
Lord Howard of Lympne (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1424-5
House
House of Commons

And what is more, the imbalance is perpetuated in the terms of article 8(3)(c) of the treaty. The imbalance is actually stated there.

Member
Viscount Hailsham (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1425
House
House of Commons

Indeed, it is stated explicitly in article 8(3)(c). The difference, in a nutshell, is this. In order to obtain the extradition of anyone from the United States, we have to show that there is probable cause that the person concerned has committed the relevant offence, whereas the United States has...

Member
Lord Howard of Lympne (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1425
House
House of Commons

I am equally stung by the assertion that those who criticise the Government’s approach are anti-American. Is the right hon. and learned Gentleman as struck as I am by the report of the American Bar Association’s symposium last year? The Las Vegas transcript of the symposium shows the US authorities...

Member
Nick Clegg (Liberal Democrat)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1425-6
House
House of Commons

The hon. Gentleman is right. Other distinguished American lawyers have repeatedly made similar points. They cannot believe that this country so readily agreed to such a one-sided set of arrangements. The Solicitor-General referred rather contemptuously to what he described as a ““fracas”” that I had with the President of the...

Member
Lord Howard of Lympne (Conservative)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1426
House
House of Commons

I give the right hon. and learned Gentleman the same opportunity as I gave the shadow Attorney-General to explain why, if the forum clause is so important, the Conservative Government decided not to include it in their 1989 legislation.

Member
Mike O'Brien (Labour)
Type
Proceeding contributions
Date
12 July 2006
Reference
448 c1426
House
House of Commons