Police and Justice Bill

It has to be my assumption that the reverse is the case. I have taken part in many debates in this House as a Minister, and I have occasionally had cause to be not entirely satisfied with the quality of the briefing that one gets. But if a treaty had been under negotiation, it is extraordinarily unlikely that the Home Office would have told my predecessor Committee that there were no plans to negotiate a further treaty, or that I, as a Minister, would not have had something of that sort drawn to my attention in the background notes, given the obvious danger of misleading the House of Commons, were one to be asked about such matters. It seems more likely, although I cannot be certain about it, that the treaty was negotiated in short order. We therefore approach today’s debate against the background of several high profile cases that have had a great deal of publicity, some of it wildly misleading about the case against individuals, in a position whereby the treaty was not in force and only half the agreement had been implemented—unilaterally by this country. That has overshadowed the debate. I believe that we should resist the Lords amendments on the substance of the issue. I shall make three brief points and outline one aspect to which the Government need to give much greater attention. Reciprocity is important but it has never been an absolute principle in our law. For a long time after introducing the Extradition Act 1870, we extradited people to many countries that, on constitutional grounds, never extradited anyone back to us. Parliament took the view that it was better to serve the interests of justice in one direction even if they were not served in the other. Reciprocity is not an absolute principle. Whatever concerns most of us have about many other justice systems, there is no doubt that, if the United States did not have a constitutional bar to dropping the requirement for prima facie evidence, it would, like the other 50 countries on the list, be a country with which we had an agreement not to require prima facie evidence. I accept that, as Baroness Scotland said, there is no absolute parity in the test. Her comments were accurate and the right hon. and learned Member for Folkestone and Hythe (Mr. Howard) referred to them earlier. However, is the difference so great that it creates genuine injustice or are we pursuing a difference because we do not like the US at this time in politics? Without the constitutional bar in the US to dropping the requirement for prima facie evidence and with a requirement for information on both sides, we would show little hesitation in reaching an agreement. In that case, people would be extradited from the US on exactly the same basis as people are extradited from this country under the treaty. The big question is, therefore, whether the difference is so great that we should support the Lords amendment. I do not believe that it is. My second point is about ““forum””, which the Lords amendments cover. If the process had been more open and the treaty had been up for a longer period of discussion and debate, we could have sorted out many such matters. Determining the appropriate jurisdiction is complicated. There were genuine concerns about the European arrest warrant when one of those accused of taking part in the 21 July attempted bombings fled to Italy. We were worried that demands could be made to try him in Italy because it was suggested that he might have committed offences there. We said that that would be wrong and that he must return here, where the major crime took place. There are matters of judgment, and I am unclear from my hon. Friend the Under-Secretary’s comments about the exact criteria that the Crown Prosecution Service is expected to use when judging whether someone should be tried here, if that is possible, or in the US, if that is possible. Those criteria should be made explicit. They do not form part of the treaty arrangements and that is why we should not support the amendments, but the Government need to set out more clearly the basis on which we expect the CPS to make such decisions.