It is sometimes possible in the House to lose the will to live. Let me try again, and I will speak a little more slowly. The hon. Gentleman should understand that there is no reciprocity between the obligations imposed upon the United States as a requesting jurisdiction to Britain, as compared with Britain’s obligations when requesting extradition from the United States. So internally, within the treaty, there is no reciprocity. There is no balance. There is no meeting of obligations. That is point 1. [Interruption.]
There was no identical reciprocity. I accept that. The Home Secretary is mumbling again. Let me explain to him, too, as he is listening. It is very good of him to turn up. Under the 1973 treaty, we had to demonstrate probable cause in the United States; the US had to demonstrate a prima facie case in this country. We all accept—there is no controversy about this—that those were not exactly equal terms, but to all intents and purposes the courts on both sides of the Atlantic treated them as equal tests. They were both based on evidence. Now we have a different test. [Interruption.] We still have to demonstrate probable cause. That essentially means evidence that can be tested and which, if uncontradicted, allows a court to reach the conclusion that there is a good case to answer and that the person who is under the request is suspected of being guilty. The United States merely has to lodge with our courts information that comprises essentially untested allegations.
Police and Justice Bill
Proceeding contribution from
Lord Garnier
(Conservative)
in the House of Commons on Tuesday, 24 October 2006.
It occurred during Debate on bills on Police and Justice Bill.
About this proceeding contribution
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2005-06Chamber / Committee
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