Extradition (Provisional Arrest) Bill [Lords]

Part of the debate – in the House of Commons at 5:14 pm on 22nd June 2020.

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Photo of Jim Shannon Jim Shannon Shadow DUP Spokesperson (Human Rights), Shadow DUP Spokesperson (Health) 5:14 pm, 22nd June 2020

I have spoken on the issue of extradition on a number of occasions in the House, as I seek to ensure that we have in place understandings to allow the extradition of terrorists to our shores, as well as reciprocal arrangements. I commend the Minister and our Government for presenting the Bill—well done to him for introducing it. He outlined an example of something that will not be able to happen again, and that is why it is good to have this extradition legislation in place.

I am grateful to the Lords for their amendments that introduce additional safeguards to the process of adding further territories in future. I have no doubt that there will be a need to do just that. This accurately reflects the concern about the possibility of countries with poor human rights records abusing the extradition system. We simply cannot allow that to take place, and Mr Baker outlined that well in his intervention.

It is clear that these initial countries—Australia, Canada, Lichtenstein, New Zealand, Switzerland and the USA, along with some other EU countries—will not abuse human rights, and we can be content to allow them to be included. However, the Lords amendments look to the future to ensure that, for example, while we might have trading deals with China, we would not be comfortable extraditing political prisoners there. The same can be said for many countries, and for many reasons, such as freedom of religion or belief. I chair the all-party group on international freedom of religion or belief, and I think of China’s human rights abuses of many people—of Christians, in particular, and of the Uyghur Muslims and Falun Gong. It is really a despicable country when it comes to human rights. This is an issue of grave concern to me, and we must ensure that we offer protections for those who face losing their life simply because they chose to follow Christ.

I further agree with the terms for the Brexit negotiations and I welcome a withdrawal based largely on the EAW, but including further grounds on which extradition can be refused. These include the right for parties to refuse to surrender their nationals, as well as a requirement of double criminality. The act for which the individual is sought must constitute an offence in both jurisdictions, but the parties can waive this requirement on a reciprocal basis for certain serious offences, and that has to be good news. Unlike the EAW, this waiver will be optional.

The Bill also provides for parties to refuse on a reciprocal basis to surrender individuals sought for political offences, with an exception of certain specified terrorist offences. I agree on all these matters. In Northern Ireland, we saw many years of terrorists fleeing from their crime and finding refuge in the Republic of Ireland, only to return to carry out further crimes. I have spoken in the House before about my cousin, Kenneth Smyth, who was a sergeant in the Ulster Defence Regiment, and his comrade, Daniel McCormick. Both were murdered on 10 December 1971. Those responsible escaped across the border and nobody ever made them accountable for their crimes. It is absolutely despicable and wrong. They may not have been made accountable in this world, but they will certainly be accountable in the next, and I look forward to that. Acts of terrorism cannot be excluded from any extradition policy. Indeed, they must be the foundation for it and that is why I look to Government for leadership and commitment, which clearly will be there.

I welcome the shadow Minister, Conor McGinn, to his place. He and I have been good friends over the last few years and I am very pleased to see him there. Extradition is an essential part of any civilised country, and I believe that the foundations contained in the Bill allow effective extradition in all good conscience. I welcome the Bill.