Extradition (Provisional Arrest) Bill [HL] — House of Lords, 2020-06-15
Topic: Mixed Topics
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, the noble and learned Lord, Lord Judge, has added his name to Amendment 3, as the noble Lords, Lord Kennedy and Lord Anderson, did to a similar amendment at an earlier stage. I am grateful to my noble friend Lady Ludford, who dealt with the matter on our behalf on Report, when, with the leave of the Minister, it was agreed that it be taken at Third Reading We often hear from the mover of an amendment: "This is a simple amendment." Often, it is not quite that simple, but I believe this one is straightforward. When the Secretary of State lays regulations under new Section 74B(7) "to add, vary or remove a reference to a territory"— it is the addition that is the issue here—those regulations should apply only to a single territory. What I hope makes this simple to noble Lords is that there is nothing to prevent several instruments, each relating to one territory, being laid at the same time so that several territories can be specified within a matter of minutes of each other. But the crux is that Parliament should be able to reject one territory while happily accepting others In Committee, I used the examples of the Netherlands, a country which we respect, and Turkey, whose human rights record has regressed. I will use another pair today. I couple them only to distinguish between them: Sweden is a country we admire; Venezuela is one we do not, in this regard. If Parliament is presented with the choice of rejecting Sweden from the system because it wants to reject Venezuela, or accepting Venezuela because it wants to accept Sweden, how can Parliament possibly do the job we are all here to do when faced with an SI which is not amendable? The Minister has said previously that she would not present an SI that includes a country whose extradition requests we could not have confidence in due to their human rights record and would risk Parliament refusing extradition arrangements with a country that respects the rule of law. What the noble Baroness as an individual Minister might do is not the issue. I do not for a moment challenge her as an individual. This is a matter of system and procedure, not for an individual The previous amendment, which has just been agreed, referred to political motivation, and we must all be aware of the different criteria that different countries apply to the decisions they take as a state. Given the issues around relationships with countries regarding arms sales, for instance, is it any wonder that noble Lords are concerned about extradition to a country whose values, including valuing human life, are not our values The shortcomings and difficulties in procedures for dealing with secondary legislation are not a new point, but the fact that no amendments are possible is the most relevant one today. But, for once, we have a solution, which is to deal with these proposals one country at a time. I cannot understand an objection which seems to amount to no more than "It wasn’t invented here" or "not common practice", to use the phrase used in Committee I need say no more, as I know that other noble Lords will contribute to the debate. Unless the Minister concedes, which I do not expect, I will test the opinion of the House, but for the moment I beg to move.