Gary McKinnon

Home Department written question – answered on 15th June 2010.

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Photo of Roger Godsiff Roger Godsiff Labour, Birmingham, Hall Green

To ask the Secretary of State for the Home Department what her policy is on the request from the US Administration for the extradition of Gary McKinnon.

Photo of Nick Herbert Nick Herbert The Minister for Policing and Criminal Justice, The Minister for Policing and Criminal Justice

The UK's policy and practice is to give maximum assistance to all of its extradition partners in accordance with domestic law and international obligations. It expects no less in return. In Mr McKinnon's case, proceedings under the Extradition Act 2003 are now at an end, but the Government have agreed to look afresh at whether new evidence demonstrates that extradition would breach Mr McKinnon's human rights. To that end, we are considering further representations which Mr McKinnon's solicitors submitted to us on 8 June.

More generally, the Government have undertaken to review the 2003 Act and the UK-USA Extradition treaty.

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Claire Simmons
Posted on 16 Jun 2010 3:22 pm (Report this annotation)

An interesting and curious answer to what seems a pretty straight-forward question. David Cameron, Dominic Grieve and Nick Clegg have all publicly voiced their opposition to this extradition. The LibDems' own channel shows Nick Clegg giving his view on the extradition:

As regards 'maximum assistance' to our extradition 'partners', is Mr Herbert referring to the assurances given to the USA that the UK would not be seeking extradition of suspected IRA terrorists?

Or to the previous government's exaggeration of the charges against Gary McKinnon (notably falsehoods told in Parliament by Alan Johnson)?

Or to the now disgraced Baroness Scotland's illogical claim that being 'in the business of protecting our citizens' is compatible with the removal of the prima facie requirement from the extradition arrangements, or her unapologetic admission that the UK is willing to extradite its citizens 'even though in corresponding circumstances the other country would not be prepared to extradite'?
Hansard link:

Surely the UK's policy and practice should be to protect the interests of UK citizens and of British justice above those of foreign powers?

What of Article 7 of the ECHR, which prevents retrospective application of law?

Or the US constitution, Article 1, Section 9, clause 3, which prevents ex post facto law?