UK-US Extradition Treaty

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 decided on Guantanamo—a decision of which I am sure the right hon. and learned Gentleman is aware. By and large, on the basis of what I have read and seen in films—although it may not reflect reality—I am by no means persuaded that the United States criminal justice system is inferior to ours. That is not part of my argument today, although it may be part of the arguments of others. Let me return to the reason why I am concerned enough to speak in the debate. The treaty between the United States and ourselves is one-sided. As has been emphasised enough times before, and will be emphasised again, it is not reciprocal. We will not be able to extradite from the United States people living there, as US nationals or otherwise, on the same basis that enables the United States to extradite people from Britain. All that I would ask the Government—not, I repeat, as a lawyer—is why the same level of evidence is not required on both sides. That, surely, is the issue: that is the principle that we are debating. It is simply not good enough to argue that the earlier treaty tended to be more one-sided in Britain’s favour—although that may be so. In fact, the consensus is that it was slightly more one-sided in Britain’s favour. But surely the remedy is not to reverse that. Surely the remedy is obvious, even, as I say, to a non-lawyer. There should be a balance: the same level of evidence should be the requirement. That is not the position now, and despite what has been argued by my hon. and learned Friend the Solicitor-General and others, I simply cannot be persuaded that what is being done is the remedy.