My Lords, that gets the noble Lord no further, because I think that he was inclined to accept that the 2003 treaty only repeated previous extradition treaties with the United States going back to the middle of the 19th century. All have had this imbalance—if you call it an imbalance. They have had this imbalance because of, as we all know, the provisions of the Fourth Amendment of the United States constitution. That is the reason for it. I say in passing that this problem arises not only with the United States, but with other countries, such as Australia and New Zealand, with which no difficulties seems to have arisen. Like the United States, they require something more than mere information; they require some evidence.
Extradition has had a long history since the 1870 Act. Anybody who has had any part in trying an extradition case will know that, as the years go by, it becomes more and more difficult and more and more complicated. More and more technical points are raised in order to prevent extradition. The change set in in 1957 with the European convention, because it was seen as absurd to create these unnecessary difficulties when one was dealing with other countries in the European Union. Surely the same must also apply, as was so eloquently put, to the United States. To remove the United States from paragraph 3(2) of the designation order would be a thoroughly retrogressive step as well as being, as I understand it, contrary to our treaty obligation whenever that in due course comes into force.
Police and Justice Bill
Proceeding contribution from
Lord Lloyd of Berwick
(Crossbench)
in the House of Lords on Wednesday, 1 November 2006.
It occurred during Debate on bills on Police and Justice Bill.
About this proceeding contribution
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686 c297 Session
2005-06Chamber / Committee
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