UK–US Extradition

House of Lords written question – answered at on 8 September 2003.

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Photo of Lord Scott of Foscote Lord Scott of Foscote Crossbench

asked Her Majesty's Government:

Whether, pursuant to Articles 24(5) and 38 of the Treaty on European Union, there are any constitutional procedures required to be followed in the United Kingdom in order for the Extradition and Mutual Legal Assistance Agreements between the European Union and the United States to become binding in the United Kingdom; and, if so, what those constitutional procedures entail.

Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State, Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management)

No ratification procedure is required for the agreements. The provisions in the Extradition Agreement are either contained or reflected within the Extradition Bill that is currently before Parliament, or within the UK–US bilateral extradition treaty, signed on 31 March 2003; or else they require administrative changes that will simplify and speed up the procedures before transmitting extradition documentation.

The provisions of most articles of the Mutual Legal Assistance Agreement are either already in place or reflect those in the Crime (International Co-operation) Bill that is also now before Parliament; or else can be provided for using secondary legislation under that Bill and earlier Acts of Parliament.

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