Clause 182 - Extradition
Enterprise Bill
4:45 pm
Mr Nigel Waterson (Eastbourne, Conservative)
I beg to move amendment No. 92, in page 132, leave out lines 31 and 32.
This is a fairly short point but it fairly puzzling to say the least. Clause 179 contains the main offence, the so-called cartel offence. Clause 179(1) makes it clear that there must not only be dishonesty but the individual must agree
''with one or more other persons to make or implement, or to cause to be made or implemented, arrangements of the following kind''.
The offence clearly involves people coming together and agreeing something. It is not therefore clear what the purpose is of 182(b),
''conspiracy to commit such an offence''
and (c),
''attempt to commit such an offence.''
The main offence involves agreeing to enter into certain arrangements, as opposed to implementing such arrangements, and so it seems somewhat contradictory. Is it possible under English law to have a conspiracy to agree to enter into something, when the main offence involves agreeing to enter into a cartel?
One or two questions at this point may obviate the need for a full stand part debate. How will these arrangements for extradition to this country from overseas interact with the law in the United States? There are reports in all the media today of the outcome of the Sotheby's-Christie's trial in the US. One of the main offenders, Mr. Taubman, is on his way to ''Club Fed'', whereas Sir Anthony Tennant will avoid trial and punishment as long as he does not go the US. Under existing US law, as I understand it, he cannot be extradited for trial for his involvement in antitrust breaches. How will the US authorities view the fact that we will give ourselves the power to extradite people from the US to here, but there is still no power to do the opposite? Is the Under-Secretary aware that the US intends to change its rules to fit in with ours?
There has to be an element of give and take about extradition. In the not too distant past countries such as Spain became a haven for British criminals because the extradition laws did not allow them to be extradited back here. Can the Under-Secretary help? She may care to write to us about this. I hope that the point of the amendment is clear: including offences of conspiracy or attempt to commit an offence is unnecessary given the nature of the main offence.