Schedule 12 - Extradition
Police and Justice Bill
4:00 pm
James Brokenshire (Hornchurch, Conservative)
I think that my hon. Friend was referring more to the generic hoover variety, rather than anything presidential. He talked about people being sucked over from the US.
Liberty has been stringent and strong in its criticism from the human rights angle. Shami Chakrabarti said:
“The Extradition Act 2003 is a breathtaking example of a sovereign government trading away the rights and freedoms of its citizens as a political gesture for a foreign power. Human beings are to be sent across the world like sacks of carrots, away from family and friends, to be detained for long periods pending trial. There is no need to show even a prima facie case to a UK court. If we are wrong that this is a violation of fundamental rights, why will the US Government not allow similar traffic for its own citizens in the other direction?”
I would not use such emotive language as Ms Chakrabarti, but there are clearly fundamental concerns. Her last point about the US not allowing similar traffic underpins the argument and illustrates the anomaly in the positions on each side of the Atlantic.
What statement of facts should the US Government provide when seeking extradition? I understand that the statement of facts is not a list of evidential information but almost a list of allegations against an individual. That will not necessarily fulfil the test or provide the robustness that one might hope for with a check to ensure that the power is being used properly.
In terms of jurisprudence and legality, the United States is known for its extra-territorial approach to its legislative framework. That is the way in which it adopts its law, and I make no comment on or criticism of the way in which its jurisprudence has grown up. Clearly, that extra-territorial approach gives scope for wide interpretation and the ability to use the legislation more widely than might be the case in other jurisdictions. The amendments that my hon. Friend the Member for Arundel and South Downs proposes raise the issue of where the most appropriate forum to deal with such matters might be and underscores the need to ensure that the most appropriate forum is used.