Police and Justice Bill

The hon. Gentleman is right on that last point. What should we do with this hopeless treaty? The short answer is that the Government must renegotiate it to ensure that there is a genuine rough parity, rather than an entirely imaginary one. In those negotiations, or even before them, the Government could consider whether the provisions offer latitude for courts to consider matters of forum. I think that that would be entirely appropriate. Earlier, the Minister had no response to my earlier question about clause 4 of article 2 in the treaty. It gives our Executive discretion to ensure that justice is done in matters where the Americans claim universal jurisdiction and we do not, but it is not contained in the Extradition Act 2003 or the relevant statutory instruments. I do not understand how the Government can have ignored the treaty’s one bit of discretion for preserving British citizens’ interests. As a legislator in this House, I am entitled to ask why the Government are ratifying a treaty when one of its key provisions in respect of British citizens has not been incorporated into British law. I do not believe that the articles of ratification can be exchanged until the Executive address that gap. We are told that other matters to do with protocol and the use of the extradition treaty will be negotiated. I hope that they are reported in full to the House, and that the Government will give us a clear exposition before the Bill finishes its passage through the House. If the amendments are knocked out tonight, I am sure that we will have another opportunity to discuss these matters, so there will be time for the Attorney-General to report back on the progress of his discussions with the Americans. Finally, I agree with the hon. Member for Rhondda (Chris Bryant) that our process for dealing with treaties is disgraceful. It takes us back to the problem of the royal prerogative, which is a relic of a previous age and inconsistent with a modern legislature. Executives should report back to this House on treaty negotiations, and seek its assent on treaties that they have signed. Treaties should be subject to proper scrutiny: never again should unequal provisions of a treaty be put into British law, unilaterally and three years before the other party even considers them for ratification. That is an outrage, and an example of the supine acquiescence that has characterised the Government’s approach to the treaty. Everything was done in a rush, to please the Americans. The Home Secretary at the time was inadequately briefed in advance, and it is British citizens who will pay the cost.