rose to move, That the draft Extradition Act 2003 (Amendment to Designations) Order 2008 laid before the House on 6 May be approved.
The noble Lord said: My Lords, the Extradition Act 2003 streamlined and modernised the UK’s extradition relations with the rest of the world when it came into effect on 1 January 2004. Today, in an effort to further improve international cooperation, we are seeking to add the United Arab Emirates to the schedule of territories designated as extradition partners under Part 2 of the Act. We are concerned here with further secondary legislation required to amend the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003. This instrument affects the UK’s extradition arrangements with the United Arab Emirates. The order reflects the fact that the UK and UAE signed a bilateral extradition treaty on 6 December 2006 and exchanged instruments of ratification on 3 March this year. Designation of the UAE as a category 2 territory will enable the advantages of this treaty to be given full effect in the UK.
The treaty between the UK and UAE signed by the then Home Secretary and the UAE Minister of Justice in December 2006 is one of a package of measures designed to increase cooperation between the law enforcement agencies of our two countries. Besides the extradition treaty, we have also concluded a treaty on mutual legal assistance in criminal matters and a treaty on judicial co-operation on civil and commercial matters. The extradition treaty allows extradition to be requested for any offence that attracts a maximum penalty of at least 12 months’ imprisonment in both the UK and the UAE. The evidential requirements set out in the treaty mean that both the United Kingdom and the United Arab Emirates must provide a prima facie evidential case against any person whom they wish to extradite.
There are currently no formal extradition arrangements between our two countries outside a number of international conventions to which we are both parties, which deal with a limited number of specific offences concerning serious criminal conduct, such as terrorism or drug smuggling. The introduction of a formal basis for extradition for conduct covered by the bilateral extradition treaty will lead to a more efficient and effective process for extradition between our two countries. That is preferable to relying on the ad hoc provisions in domestic extradition law for the many serious offences, such as murder and rape, that do not fall under the international conventions that I have referred to. One of the advantages of the new arrangements is that we will improve our ability to achieve justice for British victims of serious crimes.
The extradition treaty between the United Kingdom and the United Arab Emirates will provide both Governments with a sound formal framework for future co-operation. The UAE is a key partner for the UK in work on financial crime and counterterrorism. We are clear that we will not allow criminals who evade our borders to escape justice and we are committed to assisting our international partners in doing the same. The order is necessary to ensure that the United Kingdom is able to comply with its obligations under the bilateral extradition treaty with the United Arab Emirates. That is what the order seeks to achieve and I hope that noble Lords will give it their full support. I beg to move.
Moved, That the draft order laid before the House on 6 May be approved. 20th Report from the Joint Committee on Statutory Instruments.—(Lord Bassam of Brighton.)
Extradition Act 2003 (Amendment to Designations) Order 2008
Proceeding contribution from
Lord Bassam of Brighton
(Labour)
in the House of Lords on Tuesday, 10 June 2008.
It occurred during Debates on delegated legislation on Extradition Act 2003 (Amendment to Designations) Order 2008.
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