Extradition Treaty: UK and the State of Kuwait — House of Lords, 2018-10-30
Topic: International Affairs
Annabel Goldie (Conservative, Centre-right): My Lords, I am pleased to speak for the Government today on the important matter of extradition, a matter in which I know the House has taken a close interest over recent years. By way of introduction, I say to the noble Lord, Lord Collins, that I have observed his disquiet over procedure. In the small number of debates we have had on treaties—I think we had two before tonight—we have not had speakers’ lists, but I am prepared to take it up with the usual channels, because in terms of certainty, and so that people can make a judgment on whether they wish to participate in the debate, further information might be helpful. I undertake to relay that to my very good chum the Chief Whip and see what progress I can make I am grateful to the noble Lord, Lord Collins, for securing this debate to discuss a further step forward in enhancing the close relationship between the UK and an important and valued historical friend in the Middle East: Kuwait. Our co-operation with Kuwait in recent years has spanned the entire spectrum of the UK’s strategic priorities. It has focused on building links between our economies through developing trade and investment, working together to counter the threat from extremism, radicalisation and terrorism that we both face, and continuing to enhance our close and valuable military relationship. Together, we also strive to support peace and stability in a changing region. Kuwait is a major donor in areas of conflict, providing humanitarian aid in Syria and Yemen, as well as supporting projects for the reconstruction of Iraq The UK has strongly supported Kuwait’s mediation efforts in recent talks in the Gulf and its support for de-escalation and Gulf unity has demonstrated its commitment to regional stability. As a non-permanent member of the United Nations Security Council since January 2018, Kuwait has also worked effectively alongside the UK, during which time Kuwait has arranged a fact-finding mission on the Rohingya crisis, supported sanctions against the DPRK and condemned the use of, or threat to use, chemical weapons following the appalling incident of the Salisbury poisoning in our own country. As a close friend, we are also able to offer support and advice, where appropriate, as Kuwait continues to develop its democracy, governance and human rights frameworks. I will come to this point and points specifically raised by noble Lords in the course of my comments The next important frontier in our co-operation with Kuwait is that of criminal justice. The noble Baroness, Lady Northover, asked about the context of all this. I have tried to explain that we value our very close relationship with Kuwait and we want to reach a mutually supportive situation in which we can each play our role in dealing with challenging issues that arise in the field of and in relation to criminal justice. That is why co-operation on criminal justice with Kuwait is very important In July, the Policing Minister laid before Parliament a package of judicial co-operation measures, comprising treaties on mutual legal assistance and extradition. Kuwait has acted with admirable swiftness to be ready to ratify both treaties. I am very pleased that they have now been laid before the House for the requisite number of sitting days to now allow the Government to move towards ratification. As your Lordships may be aware, the mutual legal assistance treaty needs no further legislation to be able to enter into force and will be ratified in the coming months In accordance with the provisions of the Extradition Act, Kuwait must be designated a Part 2 country before ratification of the latter treaty can take place. As the noble Baroness, Lady Northover, observed, there have been pressures on the parliamentary timetable with Brexit, but the Government intend to lay a statutory instrument to effect ratification as soon as the parliamentary timetable allows. Orders made under the Extradition Act are made under the affirmative procedure, so it will not be long before your Lordships have the opportunity to debate this treaty a second time. Work is proceeding on the drafting. As I say, the next task is to find a slot in the parliamentary timetable By way of general comment on extradition, the UK’s extradition framework is an essential tool for ensuring that those who seek to flee from their crimes are not able to evade justice. In a world where crime and terrorism are no longer contained within national borders, the importance of ensuring effective co-operation on criminal justice has never been greater. We all share a deep respect for the fundamental principle that no one should be above the law. The extradition treaty we are discussing tonight is a further building block in an international structure that will facilitate our collective global ability to bear down on terrorism and serious organised crime. The Government are pleased to have the co-operation of Kuwait on this important issue The noble Lord, Lord Collins, and the noble Baroness, Lady Northover, have tonight raised a number of issues relating to Kuwait’s human rights record and the continued use of the death penalty. Let me reaffirm: this Government are committed to upholding human rights and oppose the death penalty in all circumstances as a matter of principle. The safeguards available in the Extradition Act are strong and reliable in that respect. Extradition from the UK is not possible if it would be incompatible with a person’s human rights. The Home Secretary must not, in law, order an individual’s extradition if they have been, will be or could be sentenced to death. I hope that clarifies matters that naturally concerned the noble Lord, Lord Collins, and the noble Baroness On the broader issues raised, the Government of Kuwait respect our position on this matter and we have accordingly included provisions in the treaty before both Houses that make it entirely clear On human rights, the noble Lord, Lord Collins, referred to the position of LGBT persons in Kuwait. I was looking at the grounds for refusal in the treaty.