Extradition Act 2003 (Amendment to Designations) Order 2008

My Lords, I am grateful again to both noble Baronesses for their contributions to this short debate on this important matter. The noble Baroness, Lady Hanham, asked about the number of days. Part 2 of the Act provides for 45 days for the receipt of documents. It is certainly the case that some treaties require a longer period. The noble Baroness, Lady Miller, asked whether we are satisfied that there are sufficient protections. We think that there are sufficient protections here and that the UAE is a competent judicial authority. It ought to be remembered that there are a number of safeguards which must be considered before extradition can be ordered. They relate to identity; extradition is barred if the judge is not satisfied that the person in front of them is the person sought. They also relate to dual criminality; extradition is barred if dual criminality is not established. There has to be competence there. Extradition is barred if prima facie evidence is not included; for example, evidence that would justify the person’s trial if the offences had been committed in the United Kingdom. It also has to be the case that no request can be made for improper reasons; extradition is specifically barred if the judge decides that the request has in fact been made to prosecute or punish the person on the ground of race, religion, nationality, gender, sexual orientation or political opinion. Extradition can also be barred where it is felt that there has been an injustice due to ill health or the passage of time and/or where it would be oppressive due to the passage of time since the offence was committed, or due to that person’s physical or mental health. I cannot speak with any knowledge of the issue that the noble Baroness, Lady Miller, raised. I recognise that it is an important issue. I would not in any event want to comment on an individual case; it would be wrong and improper of me to do so. I take her point and will ensure that we properly review the position with regard to the case. I can do no more than that. On that basis, I invite the House to support the order.