Clause 126 - Consent to other offences being dealt with

Part of Extradition Bill – in a Public Bill Committee at 3:30 pm on 14th January 2003.

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Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath 3:30 pm, 14th January 2003

I beg to move amendment No. 163, in

clause 126, page 62, line 14, leave out '91' and insert

'78, 91, 92 and 93'.

The amendment is brief. It adds extra clauses that the Secretary of State must consider. Subsection (5) currently provides that the Secretary of State must consider only clause 91. The Law Society of England and Wales supports our belief that the provisions under clauses 78, 92 and 93, as well as 91, should be included to ensure that the Secretary of State should consider all the possible bars to extradition. I am sure that the Minister's officials will have advised him of the reasons why the Secretary of State's consideration should be restricted to the bar in clause 91 relating to the death penalty.

Who, if not the Secretary of State, will consider the other bars to extradition? It seems to the Opposition and to the Law Society of England and Wales that Parliament can scrutinise this new extradition legislation only by the Secretary of State exercising his powers. He is accountable to Parliament and through Parliament to the citizens of his country. He should surely consider all the possible bars to extradition before he takes that decision.

We will listen with interest to what the Minister has to say. There may be a good reason why the Bill does not include these clauses. It would be much clearer if the Secretary of State considered all the bars to extradition. If he does, the Bill should include them.