Part of Oral Answers to Questions — Prime Minister – in the House of Commons at 12:00 am on 12th October 2016.

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Photo of Theresa May Theresa May The Prime Minister, Leader of the Conservative Party 12:00 am, 12th October 2016

My hon. Friend campaigned long and hard for Gary McKinnon, and I obviously took that decision. At that time, it was for the Home Secretary to decide whether there was a human rights case for an individual not to be extradited. We subsequently changed the legal position on that, so this is now a matter for the courts. There are certain parameters that the courts look at in terms of the extradition decision, and that is then passed to the Home Secretary, but it is for the courts to determine the human rights aspects of any case that comes forward. It was right to introduce the forum bar to ensure that challenge on whether cases should be heard here, but the legal process is very clear, and the Home Secretary is part of it.