Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-04-11
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to the Minister for explaining this instrument. However, I have some concerns not only about the instrument, but about what she has just said. On execution by lawful injection, she said that the UK would not help any country with capital punishment. I regret to say that recent developments show that that is not the case. I will explain what I mean There have been and continue to be concerning developments in the Government’s attitude towards the death penalty in other countries, contrary to what the Minister has just said. In a recent case of suspected so-called Islamic State terrorists, the United Kingdom did not seek the usual death penalty assurances from the United States in providing evidence to assist in the prosecution of the alleged terrorists. The Government stated that it was a wholly exceptional case During the passage of the Crime (Overseas Production Orders) Act, which enables UK law enforcement to make application to UK courts for orders to secure data from overseas companies, the Government refused to guarantee that any treaty that such orders would rely on would contain a death penalty assurance. I understand that negotiations are ongoing between the UK and the United States to agree a data-sharing treaty that would also enable US law enforcement to secure evidence from the UK for use in American criminal trials, which could result in the death penalty. It was made clear that, should the US refuse to sign such a treaty if it contained a death penalty assurance, the UK would not include one. In other words, the "wholly exceptional" case of not seeking a death penalty assurance in the case of the alleged ISIS terrorists would become the norm It appears to me that the direction of travel of this Conservative Government is to reverse the UK’s long-standing commitment to make efforts to encourage the abolition of the death penalty wherever it was legal to carry it out. Against that background, while additions to the goods covered by these regulations can and should be made by the Secretary of State by negative resolution, I am concerned that the removal of any goods from those currently listed as those that could be used for capital punishment should be by the affirmative resolution and not the negative It was explained that such a data-sharing treaty with the United States was potentially so valuable that we were prepared to forgo the death penalty assurance. I am concerned that a future free trade agreement with the United States might be so valued by this Government, or any future Government, that they might be prepared to remove certain goods from the list of those that could be used for capital punishment at the request of the United States, if this was necessary to ensure such a free trade agreement. The Government are already prepared to provide evidence to United States law enforcement even if it results in someone being sentenced to death. I am now concerned that this Government may also be prepared to provide the United States with the goods that would enable the US to carry out such an execution, without the explicit consent of both Houses of Parliament. I look forward to the Minister’s assurance that this will not be the case.