Police and Justice Bill

My Lords, the House has had the benefit of very weighty legal arguments, but those arguments on the alleged imbalance in respect of the evidential burden and in respect of the forum were largely the same as those adduced during the July debates. It is as if nothing has happened since the July debates which, as your Lordships will recall, largely turned on the context of the three British businessmen who are called by their supporters the ““NatWest Three”” and by those who do not support them the ““Enron Three””. In my judgment, something of significance has happened since the July debate and the House should take note of that. The debate in July, which turned on questions of fairness and reciprocity, was proper and it strengthened my noble friend’s hand in Washington. The outcome seems to be better than many of us had assumed. I refused to support the Government in the July debate and was highly sceptical that my noble friend could persuade the US legislators to change their position. I now confess that I was wrong and my noble friend was far more persuasive than I had imagined. I had assumed that we were in the hot atmosphere of the debates prior to the mid-term elections and that legislators asking, ““How many votes do you have?”” would be the decisive factor. Indeed, we know that the US Senate Committee on Foreign Relations has, according to its constitutional function, given its advice and consent, which is important. We also know that if the amendments were carried, the treaty would fall. The treaty has important consequences for our citizens—in my judgment, far more important than the concerns expressed about them. I therefore congratulate my noble friend. Having gone to the US surrounded by the scepticism of many of us, she persuaded her US counterparts on this issue. She did not have to persuade the Executive because the US Administration were already on side; it was the legislature that had to be persuaded. We must concede that she has brought about a sea change and should be congratulated. In my judgment, it is therefore important for us to ratify the treaty. It is certain that we would not be able to do so if the additional restrictions imposed by the amendments we accepted by the House. The possibility of renegotiation, as put forward by the noble Lord, Lord Goodhart, is probably as realistic as the renegotiation of the Treaty of Rome, which some people put equally unpersuasively. Finally, I note that the noble and learned Lord the Attorney-General is discussing with his US counterpart, Mr Gonzales, protocols which would affect the choice of forum. We know that the question has been live since July and for some time previously. As the protocols are broadly accepted—we are told that the protocols will be agreed shortly—it is unfortunate that they have not been brought before the House so that we could reach a judgment on them. That said, it is clear that there has been a substantial change since July. It was important that we had the debate then and were able to strengthen the hands of my noble friend to convince our US friends of our legitimate concerns. Therefore, in those changed circumstances, I am ready to support my noble friend and congratulate her on what she did in the US.