Extradition Bill

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Mr. Hawkins: I am not satisfied with that. I am glad that my passionate speech on new clause 4 got the Minister so carried away that he forgot about new clause 5. They are both equally important. When the Minister says that this matter will get the same level of scrutiny as normally occurs, we all know that in practice that means none at all. Once something is on the statute book, the temptation is for Ministers to forget all about it and move on to the next thing. That is the nature of Government: Ministers and officials always have more problems to deal with and new Bills to examine.

Mr. Carmichael: That is what we are afraid of.

Mr. Hawkins: Indeed. Problems may arise with the Bill's implementation. For example, the police may find that things are going wrong or my hon. Friends and I may see the dangers that we mentioned arising. We may go down the slippery slope that we warned against or problems may arise from the interaction between this legislation and an international police co-operation Bill. That could form the thin end of a large wedge. If that happens, Parliament will not have a chance to scrutinise the operation of the Bill, other than when Ministers tell us that we can have a half-

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hour Adjournment debate on it, which often happens. I regularly go to business questions, and when concerns are raised about the operation of legislation, the Leader of the House frequently says that the Member can raise it on the Adjournment. If we agreed to new clause 5, there would be proper scrutiny. The Bill is a major departure, so we should have exceptional measures to deal with it, as the hon. Member for Orkney and Shetland said. I will press the Committee to a Division.

4 pm

Question put, That the clause be read a Second time:—

The Committee divided: Ayes 5, Noes 8.

Division No. 21]

AYES
Burnett, Mr. John Carmichael, Mr. Alistair Hawkins, Mr. Nick
Johnson, Mr. Boris Watkinson, Angela

NOES
Ainsworth, Mr. Bob Campbell, Mr. Alan Crausby, Mr. David Dobbin, Jim
Harris, Mr. Tom Hughes, Mr. Kevin Stoate, Dr. Howard Twigg, Derek

Question accordingly negatived.

New clause 5

Annual report

    'The Secretary of State shall publish, and lay before both Houses of Parliament, an annual report on the operation of this legislation.'.—[Mr. Hawkins.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:—

The Committee divided: Ayes 5, Noes 8.

Division No. 22]

AYES
Burnett, Mr. John Carmichael, Mr. Alistair Hawkins, Mr. Nick
Johnson, Mr. Boris Watkinson, Angela

NOES
Ainsworth, Mr. Bob Campbell, Mr. Alan Crausby, Mr. David Dobbin, Jim
Harris, Mr. Tom Hughes, Mr. Kevin Stoate, Dr. Howard Twigg, Derek

Question accordingly negatived.

New clause 7

Political reasons

    '(1) This section applies if the Secretary of State believes that the conditions in subsections (2) and (3) are satisfied in relation to a person.

    (2) The first condition is that the person's extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

    (3) The second condition is that the extradition request has been made for political reasons.

    (4) The Secretary of State may certify that the conditions in subsections (2) and (3) are satisfied in relation to the person.

    (5) If the Secretary of State issues a certificate under subsection (4) he may—

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    (a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

    (b) direct that a request for the person's extradition in respect of the offence is not to be proceeded with.

    (6) If the Secretary of State issues a certificate under subsection (4) he may order the person's discharge (instead of or in addition to giving a direction under subsection (5)).

    (7) These rules apply if the Secretary of State gives a direction under subsection (5)(a) in respect of a warrant—

    (a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

    (b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

    (c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

    (e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (8) These rules apply if the Secretary of State gives a direction under subsection (5)(b) in respect of a request—

    (a) if he has not issued a certificate under section 69 in respect of the request he is no longer required to do so;

    (b) if the person is arrested under a warrant issued under section 70 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

    (c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 71, 73, 74 and 75;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 77 to 88;

    (e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (9) These must be made under the hand of the Secretary of State—

    (a) a certificate under subsection (4)

    (b) a direction under subsection (5);

    (c) an order under subsection (6).

    (10) The preceding provisions of this section apply to Scotland with these modifications—

    (a) in subsection (8)(a) for ''he has'' substitute ''the Scottish Ministers have'' and for ''he is'' substitute ''they are'';

    (b) in subsection (8)(e) for ''Secretary of State for his'' substitute ''Scottish Ministers for their''.

    (11) In subsection (2) the reference to an enactment includes an enactment comprised in or in an instrument made under, an Act of the Scottish Parliament'.—[Mr. Hawkins.]

Brought up, and read the First time.

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Motion made, and Question put, That the clause be read a Second time:—

The Committee divided: Ayes 5, Noes 8.

Division No. 23]

AYES
Burnett, Mr. John Carmichael, Mr. Alistair Hawkins, Mr. Nick
Johnson, Mr. Boris Watkinson, Angela

NOES
Ainsworth, Mr. Bob Campbell, Mr. Alan Crausby, Mr. David Dobbin, Jim
Harris, Mr. Tom Hughes, Mr. Kevin Stoate, Dr. Howard Twigg, Derek

Question accordingly negatived.

New clause 8

Trivial offences

    '(1) This section applies if the Secretary of State believes that the conditions in subsections (2) and (3) are satisfied in relation to a person.

    (2) The first condition is that the person's extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

    (3) The second condition is that the offence for which extradition is sought is trivial.

    (4) The Secretary of State may certify that the conditions in subsections (2) and (3) are satisfied in relation to the person.

    (5) If the Secretary of State issues a certificate under subsection (4) he may—

    (a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

    (b) direct that a request for the person's extradition in respect of the offence is not to be proceeded with.

    (6) If the Secretary of State issues a certificate under subsection (4) he may order the person's discharge (instead of or in addition to giving a direction under subsection (5)).

    (7) These rules apply if the Secretary of State gives a direction under subsection (5)(a) in respect of a warrant—

    (a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

    (b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

    (c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

    (e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (8) These rules apply if the Secretary of State gives a direction under subsection (5)(b) in respect of a request—

    (a) if he has not issued a certificate under section 69 in respect of the request he is no longer required to do so;

    (b) if the person is arrested under a warrant issued under section 70 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

    (c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 71, 73, 74 and 75;

Column Number: 26

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 77 to 88;

    (e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (9) These must be made under the hand of the Secretary of State—

    (a) a certificate under subsection (4)

    (b) a direction under subsection (5);

    (c) an order under subsection (6).

    (10) The preceding provisions of this section apply to Scotland with these modifications—

    (a) in subsection (8)(a) for ''he has'' substitute ''the Scottish Ministers have'' and for ''he is'' substitute ''they are'';

    (b) in subsection (8)(e) for ''Secretary of State for his'' substitute ''Scottish Ministers for their''.

    (11) In subsection (2) the reference to an enactment includes an enactment comprised in or in an instrument made under, an Act of the Scottish Parliament'.

    ORDER OF THE HOUSE [9th DECEMBER 2002]{**qc**}

    That the following provisions shall apply to the Extradition Bill—

    Committal{**qc**}

    (1) The Bill shall be committed to a Standing Committee.

    Proceedings in Standing Committee{**qc**}

    (2) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 21st January 2003.

    (3) The Standing Committee shall have leave to sit twice on the first day on which it meets.

    Consideration and Third Reading{**qc**}

    (4) Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    (5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

    (6) Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

    Other proceedings{**qc**}

    (7) Any other proceedings on the Bill (including any proceedings on consideration of Lords amendments or any further messages from the Lords) may be programmed.—[Mr. Hawkins.]

    Brought up, and read the First time.

    Motion made, and Question put, That the clause be read a Second time:—

    The Committee divided: Ayes 5, Noes 8.

    Division No. 24]

    AYES
    Burnett, Mr. John Carmichael, Mr. Alistair Hawkins, Mr. Nick
    Johnson, Mr. Boris Watkinson, Angela

    NOES
    Ainsworth, Mr. Bob Campbell, Mr. Alan Crausby, Mr. David Dobbin, Jim
    Harris, Mr. Tom Hughes, Mr. Kevin Stoate, Dr. Howard Twigg, Derek

Column Number: 27

Question accordingly negatived.

Question proposed, That the Chairman do report the Bill, as amended, to the House.

 
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