| Previous Section | Index | Home Page |
Foreign Governments (Extradition Cases)
27. Mr. Christopher Chope (Christchurch): In how many extradition cases his Department is acting on behalf of foreign Governments. [137162]
The Solicitor-General (Mr. Ross Cranston): The Crown Prosecution Service acts for foreign Governments requesting the extradition of persons to their states. It ensures that formal extradition requests comply with any relevant treaties or conventions and with the Extradition Act 1989. It also advises requesting states on any further material required. In addition, it drafts proposed committal charges, liaises with all interested parties and appears on behalf of the requesting state at court. At the beginning of November 2000, the CPS was recorded as acting for foreign Governments in approximately 79 individual requests. It is advising foreign Governments in approximately 112 further cases where extradition has been requested.
Mr. Chope: One of those cases involves the Portuguese Government and one of my constituents. Does
the Solicitor-General accept that in such circumstances it is desirable to have communication between those acting for the individual and the Government of the foreign country? Will he do something about the fact that, for four and a half months, even the Portuguese ambassador--in response to my letters and those of my constituent's solicitor--has not been able to get a firm response from Lisbon after a change of circumstances that render continued prosecution, and extradition in this case, redundant?
The Solicitor-General: The hon. Gentleman raised a specific case, in which, I understand, the divisional court will consider an application for habeas corpus soon. So I should not comment on that. As a result of his question, I have reconsidered the role of the CPS in carrying forward extradition requests. At present, under a decision called "Thom", it acts purely in a solicitor-client relationship. I have raised questions about that and I will pursue the matter further.
Importantly, in recent times the CPS has dealt with requests by the United States Government for the extradition of the alleged bombers of its embassies in Africa and it has acted on a request for the extradition of a person alleged to have committed war crimes. It operates effectively in that area, although there is the problem that the hon. Gentleman raised and I will come back to him on that.
Mr. Andrew Mackinlay (Thurrock): What new responsibilities does my hon. and learned Friend anticipate that his Department will have if and when we get around to enacting our obligations under the treaty of Rome to create the international criminal court? Clearly, we will have new duties relating to extradition--duties that we would wish to pursue with vigour.
The Solicitor-General: I agree. As I said, we have already responded to a request by the war crimes tribunal for Rwanda and I anticipate that we would act in the same vigorous way when we receive requests from the new international criminal court.
Human Rights Act 1998
28. Mr. Andrew Robathan (Blaby): What assessment he has made of the effect of the Human Rights Act 1998 on the conduct of prosecutions. [137163]
The Solicitor-General: The significance of the Human Rights Act on the work of the Crown Prosecution Service was recognised at an early stage and a high priority was given to ensure that the CPS was well prepared for the implementation of the Act.
In consultation with other prosecuting agencies and leading human rights experts outside the CPS, it developed a comprehensive training programme for prosecutors. That training programme and the continued guidance and advice that CPS staff receive has ensured that cases giving rise to human rights issues have been dealt with professionally and effectively. We had expected that human rights problems would be raised in ordinary cases and that they would be dealt with in the ordinary way. That has proved to be the case.
The Human Rights Act has meant that the courts are considering many new arguments. A number of cases raising human rights points are already going to the appeal courts.
Mr. Robathan: Is not the nub of the matter the fact that, due to the workings of the Human Rights Act 1998, some prosecutions are failing or are not being taken forward by the CPS, because evidence or the methods of gathering it are being ruled inadmissible? Is it not true that since the Government introduced the Act, guilty people will walk free because of its long-term and unforeseen consequences?
The Solicitor-General: That is certainly not the case. As the hon. Gentleman will be aware, the Act provides specifically that legislation continues in force. Courts must apply the legislation. It is the case that several human rights points have been raised, as I pointed out in my original answer, but the CPS is prepared with particular lines to take when such cases are raised. Defenders will raise all sorts of arguments on behalf of their clients--we can expect that. Occasionally, courts at the lower level may favour those arguments, but we have already implemented a fast-track procedure whereby such cases can be taken quickly to appeal. I can give the House an assurance that criminals will not be walking free as a result of the Act.
Mr. Edward Garnier (Harborough): What lessons has the Solicitor-General learned about the effect of the Human Rights Act on section 2 of the Crime (Sentences) Act 1997, following last week's Court of Appeal decision in the case of the Crown against Offen?
The Solicitor-General: I am aware of the case; the judgment is being considered. That case simply involved an interpretation of "exceptional circumstances" in the Act. The Home Office is considering the implications of the Act, but the important point is that--as I said in my reply to the hon. Member for Blaby (Mr. Robathan)-- the courts cannot disapply the Act; they must apply legislation. In some cases, of course, they can make declarations of incompatibility and in such cases we might decide, as a Parliament, that remedial action should be taken and that the legislation should be amended. However, the basic point remains that legislation cannot be disapplied; it must be applied by the courts.
Crown Prosecution Service
29. Mr. Bill O'Brien (Normanton): What improvements he has made to the performance of the Crown Prosecution Service over the past three years; and if he will make a statement. [137164]
30. Mr. Desmond Swayne (New Forest, West): What recent assessment he has made of the effectiveness of the Crown Prosecution Service. [137166]
The Solicitor-General: In May 1997, the Government announced that the CPS would be reorganised into 42 areas with the same boundaries as police forces; we also established the Glidewell review to recommend changes to make the CPS more effective against the background of that decision. The review reported a year
later and its recommendations were almost wholly accepted. In implementing the recommendations, the CPS has undergone major organisational change affecting all staff, but has maintained its performance. Extra money was made available in the spending review, including money for a performance improvement programme. That will assist the CPS to become even more effective.
Mr. O'Brien: What action is my hon. and learned Friend taking to improve the rate of successful prosecutions? Does he agree that in order to do so we need to improve the level of representation made in the courts by the CPS?
The Solicitor-General: I agree with my hon. Friend. As a result of the Glidewell recommendations, one change is that the agencies are working together much more effectively. For example, in my hon. Friend's area, in Wakefield, the agencies--the CPS, the police and so on--recently agreed a protocol on racial crimes. As I have said to the House on previous occasions, information technology is much more effective in the agencies; the CPS has an extensive programme for implementing IT. I assure my hon. Friend that all steps are being taken to make the CPS more effective.
Mr. Swayne: Does the hon. and learned Gentleman agree that there is little value in providing additional funds to police forces so that they can apprehend criminals if we are unable to follow that through with successful prosecutions? Is he convinced that the CPS is adequately funded? The representations that I have received--especially from magistrates--are that it is not; it is thus not capable of delivering that follow-through.
The Solicitor-General: The hon. Gentleman cannot have heard the announcements made about, for example, the extra £15 million next year for the CPS and the considerable increase in funding--about 8 to 10 per cent.--over the next three years under the comprehensive spending review. However, I take his point that if the police are to take forward charges effectively, they need effective prosecutors. We are taking steps to ensure that that need is met.
Mr. John Burnett (Torridge and West Devon): During the progress of the Bill that became the Crown Prosecution Service Inspectorate Act 2000, I emphasised to the Solicitor-General the importance of effective monitoring of other prosecution agencies. What is the hon. and learned Gentleman doing about that?
The Solicitor-General: The different prosecutors fall under the auspices of other Ministers, but I take the hon. Gentleman's point that each prosecuting agency must work effectively, and an inspection service can ensure that. The point that the hon. Gentleman raised about the extension of the scope of the responsibilities of the CPS inspectorate is an interesting idea and may be taken forward at some stage, but that would require the House to change the 2000 Act.
| Next Section
| Index | Home Page |