Arrangements to Colonies

Part of Prayers – in the House of Commons at 7:30 pm on 16 June 1988.

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Photo of Mr Tony Worthington Mr Tony Worthington , Clydebank and Milngavie 7:30, 16 June 1988

I am grateful for that intervention because it enables me to make it clear that I did not object to the term "colony" but that the hon. Member for Orpington thought the word should be stamped out. I accept the advice of the hon. Member for Westminster, North (Mr. Wheeler) about the feelings of the citizenry of Gibraltar.

I should like the Minister to explain what are the colonies and what pressure has come from them to extend the legislation, especially with regard to those areas of the globe that are disputed territories, where there may be hostility between a colony and its neighbouring states. What is the implication of a request from a neighbouring state for extradition?

That leads me to the other imperfections in the Bill. The Opposition agree that the major imperfection is the abandonment of the prima facie rule. A fundamental principle of our system of justice—whether the English and Welsh or the Scottish system—is that a formal case should be made which is seen to have some substance, and that it should be brought before a court and deliberated upon in a judicial rather than political way before a decision is taken to extradite.

7.45 pm

If the Bill is passed, it is necessary only that a technically correct submission be put before the appropriate authorities. A case does not have to be made that a substantial act of illegality was committed so as to justify extradition. The Opposition are still uneasy about the prima facie rule being dropped, especially for colonies. I remain to be convinced by the Minister, but it is likely that the system of justice in a colony may not be as advanced as in this country. Our views are shared by eminent bodies such as the National Council for Civil Liberties, Justice and the Criminal Bar Association. In Committee, we frequently asked the Minister to give a much more substantial illustration of the extent to which Britain was a "problem" in sometimes being regarded as a haven for criminals. The Government have failed to do that, so we must take the opportunity presented by the new clause to ask for elaboration.

We are profoundly uneasy, especially after the vote a few weeks ago, about the idea that it is possible for an individual to be extradited to a country that still practises capital punishment. That issue has not been put right in the new clause. I should like to register our unease about extradition from this country and from the colonies to countries that still practise capital punishment.