The
Committee consisted of the following
Members:
Allen,
Mr. Graham
(Nottingham, North)
(Lab)
Campbell,
Mr. Alan
(Lord Commissioner of Her Majesty's
Treasury)
Donohoe,
Mr. Brian H.
(Central Ayrshire)
(Lab)
Etherington,
Bill
(Sunderland, North)
(Lab)
Fabricant,
Michael
(Lichfield)
(Con)
Featherstone,
Lynne
(Hornsey and Wood Green)
(LD)
Garnier,
Mr. Edward
(Harborough)
(Con)
Hodgson,
Mrs. Sharon
(Gateshead, East and Washington, West)
(Lab)
Hunter,
Mark
(Cheadle)
(LD)
Mahmood,
Mr. Khalid
(Birmingham, Perry Barr)
(Lab)
Marsden,
Mr. Gordon
(Blackpool, South)
(Lab)
Ryan,
Joan
(Parliamentary Under-Secretary of State for the Home
Department)
Scott,
Mr. Lee
(Ilford, North)
(Con)
Smith,
Mr. Andrew
(Oxford, East)
(Lab)
Spink,
Bob
(Castle Point)
(Con)
Stanley,
Sir John
(Tonbridge and Malling)
(Con)
Todd,
Mr. Mark
(South Derbyshire)
(Lab)
Geoffrey
Farrar, David Weir, Committee
Clerks
attended the Committee
Eleventh
Delegated Legislation
Committee
Thursday 7
December
2006
[Hywel
Williams in the
Chair]
Draft Extradition Act 2003 (Amendment to Designations) Order 2006
8.55
am
The
Parliamentary Under-Secretary of State for the Home Department (Joan
Ryan): I beg to move,
That the Committee has
considered the draft Extradition Act 2003 (Amendment to Designations)
Order 2006.
The Committee
is today concerned with the further secondary legislation required to
amend the Extradition Act 2003 (Designation of Part 1 Territories)
Order 2003 and the Extradition Act 2003 (Designation of Part 2
Territories) Order 2003. The order reflects the separation of Serbia
and Montenegro into two independent states, the accession of Bosnia and
Herzegovina to the European convention on extradition, and it will
allow Romania and Bulgaria to operate the European arrest warrant
procedure when they accede to the European Union on 1 January 2007. The
amendments are necessary to ensure that the United Kingdom complies
with its obligations under the relevant international extradition
agreements.
A
referendum was held in Montenegro on 21 May 2006 and its citizens voted
to separate from the state of Serbia and Montenegro. Montenegro
subsequently declared its independence in June so Serbia and Montenegro
are now separate countries. The order reflects the new political status
of the two countries. Extradition will continue to take place under the
European convention on extradition, to which both countries are
party.
Bosnia and
Herzegovina is also now party to the European convention on extradition
and an amendment to previous orders is required to update our
extradition arrangements with that country, which currently fall under
an old bilateral extradition treaty with Yugoslavia. That treaty
required prima facie evidence in support of an extradition request,
which is not a requirement under the European convention on
extradition. The order therefore amends the designation of Bosnia and
Herzegovina so that we comply with the terms of the European convention
on extradition. Bosnia and Herzegovina will no longer be required to
submit prima facie evidence in support of its extradition requests, in
the same way that the UK is not required to submit such evidence in
extradition requests made to Bosnia and Herzegovina.
The Committee will be aware
that Romania and Bulgaria will accede to the European Union on
1 January 2007. From that date, EU extraditions with those
states will cease to take place under the European convention on
extradition and will fall under the European arrest warrant procedure.
It is therefore necessary to redesignate the countries as part 1
territories to ensure that we comply with our obligations under the
framework decision on the European arrest warrant.
The decision on the accession
of Romania and Bulgaria to the European Union was not taken lightly.
The European Council and the Commission monitored both countries
carefully to ensure that they were ready to accede to the European
Union. The European Council could have used powers contained in the
accession treaty to delay accession until 2008, but the Commission
report of 26 September 2006 did not recommend a delay and accession
will go ahead as planned.
I repeat the decision has not
been taken lightly. Bulgaria and Romania have made significant progress
on the reform and modernisation of their judicial systems.
Additionally, important safeguards are built into the accession treaty
and the Commission will take action pursuant to the justice and home
affairs safeguard provision. Robust benchmarks for progress on justice
and home affairs have been set for both countries. The benchmarks cover
continued reform of the judiciary, including measures to enhance
efficiency, transparency and accountability. The Commission will
monitor the countries closely, and will report to the European Council
and the European Parliament by June 2007 on the progress that the
countries have made against the benchmarks.
In the event that the
benchmarks are not adequately addressed, the Commission can trigger the
justice and home affairs safeguard and temporarily suspend specific
rights of Bulgaria and Romania under EU laws and standards. For
example, current member states could refuse the automatic recognition
and enforcement of certain civil and criminal judgments and arrest
warrants in either country, including the European arrest warrant. The
monitoring mechanism, therefore, is a tough and unprecedented approach
that will also act as a powerful lever for further reform.
Failure to redesignate Bulgaria
and Romania would place the UK directly in breach of its international
obligations under the framework decision on the European arrest
warrant. We have had extradition relations with Bulgaria and Romania
since they became parties to the European convention on extradition in
September 1995 and December 1997 respectively. Since then, they have
not had to provide prima facie evidence in support of extradition
requests made to the UK. Although the number of extradition requests
has been small, the system is working well.
I am satisfied that sufficient
safeguards are in place for those who may find themselves the subject
of a European arrest warrant request from Bulgaria or Romania, as
indeed they are in the case of any request from an extradition partner.
The Extradition Act 2003 contains a number of very effective
safeguards. For example, the subject of a European arrest warrant
cannot be surrendered to another member state if it appears that he or
she is being prosecuted or punished on account of race, religion,
nationality, gender, sexual orientation or political opinions.
Extradition would also be barred if the judge decided that it would not
be compatible with human rights. No UK nationalnor indeed a
national of any countrywould be extradited to another country
if it was believed that extradition would be a flagrant breach of the
human rights of the
person sought. In the event that a UK national was extradited to another
country, they would be entitled to consular support from the UK's
embassy or high commission in the country concerned.
Romania and Bulgaria themselves
are also parties to the European convention on human rights, which
means that they are obliged to ensure that any subsequent domestic
criminal trials do not breach a person's human rights under the ECHR. I
hope that, with that explanation, the Committee will support the
order.
9.2
am
Mr.
Edward Garnier (Harborough) (Con): May I welcome you,
Mr. Williams, to our deliberations this morning? The
Minister has given a helpful explanation of her case, which has removed
the need for a lengthy debate. I have one or two questions, however.
First, what study has she made of the arrangements that Bulgaria and
Romania have put in place to ensure that our citizens are safeguarded
against unfair trials and prosecutions? Secondly, what would be the
role of the House and Parliament as a whole were the European Union to
suspend those two countries in the way that she indicated? Subject to
satisfactory answers to those questions, the Opposition are content to
support the
measure.
9.3
am
Joan
Ryan: I thank the hon. and learned Member for Harborough
for his support. On his question regarding studies of arrangements in
Bulgaria and Romania, he will know that the Government have been
working closely with the two countries in recent years. That
co-operation has stepped up significantly over recent months.
Operatives from the Serious Organised Crime Agency are working in both
countries, and Government officials and law officers have liaised
closely with the Bulgarian and Romanian judiciaries. We have made great
efforts to assist Bulgaria and Romania to bring their judicial
practices up to the standard that we believe is required, and to
increase
transparency.
That
work is ongoing, which is why the safeguard measures were welcomed.
Although we think that Bulgaria and Romania have now reached a standard
whereby we are happy for accession to occur, we still think that
monitoring should continue to ensure that there is no slipping back.
There were times when concerns existed as to whether sufficient
progress was being made, but I am pleased that in recent months the
Commission has been much more satisfied about progress. We are working
both with the Commission and the two countries themselves to ensure
that standards meet the ones that we would expect for British
citizens.
On the
second question, if concern led to the suspension of the European
arrest warrant and if the monitoring mechanism was triggered, we would
return to extradition requests being processed through the
Ministers office. The hon. and learned Gentleman will be aware
that, although I am the Minister responsible for extradition, in the
case of the European arrest warrant I do not actually see extradition
requests. When an extradition decision is made in court, the person
concerned is extradited without the matter coming through my office as
it would in the case of part 2 requests and I would not have to
ascertain, for instance, whether anybody would face the death penalty.
The structure of the European arrest warrant, the framework decision,
and the fact that the countries concerned are all partner countries
means that I do not deal with those matters. If the warrant was
suspended, however, we would revert to the other process and there
would be a ministerial role.
Mr.
Garnier: That is interesting, but my question was about
the role of Parliament.
Joan
Ryan: Individual extradition requests would come to me. As
for the country itself, a debate would always be possible. The scrutiny
Committees in this House and the other place also have a role and I
expect that the issue would come before them. I think that that covers
both of the hon. and learned Gentlemans questions. I commend
the order to the Committee.
Question put and agreed
to.
Resolved,
That
the Committee has considered the draft Extradition Act 2003 (Amendment
to Designations) Order 2006.
Committee rose at seven
minutes past Nine
oclock.