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Extradition (Provisional Arrest) Bill [Lords]

08 September 2020

Proposing MP
Ribble Valley
Type
Bill Debate

At a Glance

Issue Summary

The statement addresses amendments and new clauses for the Extradition (Provisional Arrest) Bill, focusing on excluding certain territories from provisional arrest arrangements. The MP discusses the situation in Hong Kong and the need for further action by the UK Government. The statement discusses amendments to the Extradition (Provisional Arrest) Bill that would remove the United States from a list of countries allowing provisional arrests without warrants. The statement discusses issues with the UK-US extradition treaty and its imbalance. The statement discusses the Extradition (Provisional Arrest) Bill and its need for safeguards such as parliamentary scrutiny, transparency, and fairness. The MP discusses principles for extradition legislation, emphasizing the need for justice against serious criminals while also protecting innocent individuals from unjust foreign justice systems. The statement discusses the Extradition (Provisional Arrest) Bill, which aims to allow British police to arrest suspects without a warrant for extradition purposes when dealing with trusted non-EU countries. Jim Shannon discusses the Extradition (Provisional Arrest) Bill and its implications on human rights and extradition treaties with Hong Kong and other countries. The statement addresses concerns about the Extradition (Provisional Arrest) Bill and its potential impact on British citizens, particularly whistleblowers like Jonathan Taylor. Joanna Cherry discusses support for amendments aimed at ensuring human rights standards are upheld during extradition processes, particularly regarding concerns about China and Hong Kong. Conor McGinn discusses new clauses and amendments to the Extradition (Provisional Arrest) Bill, focusing on transparency and scrutiny. Conor McGinn is addressing the Extradition (Provisional Arrest) Bill and discussing various amendments related to designated authorities, consultations for territory additions, and concerns about potential delays in extradition processes. The statement discusses the Extradition (Provisional Arrest) Bill which aims to grant UK law enforcement immediate power to arrest extradition fugitives from non-EU countries without first obtaining a warrant. The statement discusses the Extradition (Provisional Arrest) Bill, highlighting its safeguards and purpose to expedite extradition proceedings without altering existing legal frameworks or reducing judicial oversight. The statement is about the Third Reading of the Extradition (Provisional Arrest) Bill, which aims to expedite extradition proceedings for wanted individuals without altering the likelihood or process of successful extradition. The MPs discuss the Extradition (Provisional Arrest) Bill, expressing support for its principles but raising concerns over the Government's refusal to consult devolved administrations and intent to breach international agreements. The statement discusses concerns about protecting British citizens in extradition proceedings and the potential for improved extradition arrangements with Europe post-Brexit.

Action Requested

Nigel Evans discusses several amendments to prevent changes under the Bill applying to China/Hong Kong and the USA. He also proposes a new clause requiring an annual statement on arrests made under the Act and another for a review of the Act's operation within a year of its passage.

Key Facts

  • Amendment 1 aims to ensure provisional arrest arrangements do not apply to extradition requests from China or Hong Kong.
  • New clause 1 requires the Secretary of State to lay an annual statement on arrests made under the provisions within this Act, broken down by protected characteristics as defined in the Equality Act 2010.
  • New clause 2 mandates a review of the operation of the Extradition Act 2003 amendments within 12 months after the Bill is passed.
  • Jimmy Lai has been charged with undermining state.
  • Benny Tai was fired from his teaching post due to his involvement in the yellow umbrella protest.
  • The New York Times relocated its staff after a senior journalist's visa renewal was rejected.
  • Dozens of countries have held elections during the covid pandemic, contrasting with Hong Kong's postponement.
  • Visa fees for BNO passport holders could be prohibitive and discourage people from obtaining passports.
  • Disney has worked with security services in Xinjiang involved in forced sterilisation and labour camps.
  • The amendments would remove the United States from a list allowing provisional arrests without warrants.
  • The Government claims these provisions are necessary to prevent suspects from evading arrest, but David Davis argues they are not needed in practice.
  • The Home Office's impact assessment estimates that only six individuals annually will enter the criminal justice system more quickly due to this provision.
  • Since 2007, 135 UK nationals have been surrendered to the US, with 99 being non-violent offenders.
  • The Home Affairs Select Committee’s 2012 report concluded that the US has expansive power for prosecution globally.
  • Only three violent offences per year require extradition to the US under current arrangements.
  • Amendments from the Lords focus on transparency, fairness, and parliamentary scrutiny.
  • The Bill should consult with devolved Administrations before adding or removing territories.
  • Adding territories individually increases scrutiny and prevents problematic human rights records countries from being included.
  • Annual updates on arrest numbers would help measure effectiveness of extradition measures.
  • Continental countries used the European arrest warrant eight times more often than the UK from 2010 to 2018.
  • The Government defines extradition for offences commanding a prison sentence of three years or more in the UK.
  • The MP suggests reviewing the list of European countries and their justice standards.
  • The Bill allows British police to arrest suspects without a warrant for extradition purposes.
  • It applies to countries with robust legal systems such as Canada, Australia, New Zealand, the US, Liechtenstein, and Switzerland.
  • Amendment 15 allows for territories listed in new paragraph 3A of schedule A1.
  • The highly respected National Crime Agency must confirm that a valid request has been made.
  • New clauses would require reports on extraditions every 12 months with detailed breakdowns.
  • An amendment would prevent the application of the Bill to China and Hong Kong.
  • The UK has extradition arrangements with more than 100 territories around the world.
  • The Secretary of State announced an end to the Hong Kong extradition treaty due to the imposition of a new security law by Beijing.
  • A 12-year-old child was arrested in Hong Kong for allegedly being a protester, highlighting police brutality.
  • Caroline Nokes raises concerns about her constituent Jonathan Taylor, who is fighting extradition to Monaco.
  • Mr. Taylor is a whistleblower with cases involving evidence provided to jurisdictions such as the United States, Brazil, and the Netherlands.
  • The MP acknowledges that Monaco's exclusion from Bill changes is pertinent but does not directly affect the current case.
  • Joanna Cherry supports amendments related to human rights protections in extradition processes.
  • The Scottish National party is concerned about human rights abuses in China and Hong Kong.
  • Government amendment 15 seeks to include EEA countries in proposed new schedule A1.
  • Amendment 13 removes a provision for consultation assessments and reports on regulations under section 74B(7) of the Extradition Act 2003.
  • New clause 1 would require reporting on individuals arrested under the Act, broken down by characteristics as per the Equality Act 2010.
  • New clause 2 requires a review of the Act within one year of its passage.
  • A European Parliament study in February last year examined abuses of Interpol’s notice system.
  • The National Crime Agency is defined as the designated authority.
  • Amendments from the Lords are sought to remain intact for proper process consultation and assessment.
  • Government amendment 13 seeks to undo an amendment made in the Lords by Lord Kennedy of Southwark, which required key conditions before changes can be made.
  • Each order under new schedule A1 must contain no more than one territory.
  • The justice and security talks with the EU are progressing slowly towards a deadline of December 31st without positive signs of agreement.
  • Richard Martin warned in February 2019 about the implications of losing the European arrest warrant, stating fallbacks would be slower and less efficient.
  • The current lack of an equivalent power to arrest under the European arrest warrant for extradition purposes from non-EU countries.
  • The Bill ensures immediate police action against individuals wanted by trusted countries, preventing public risk and potential absconding.
  • Some fugitives can come to police attention through chance encounters, making immediate arrest necessary.
  • The Bill includes five main safeguards.
  • The power will only be available in relation to offences that would result in at least three years of prison sentence in the UK.
  • Amendment 11 provides a contingency for arrest powers post-transition period.
  • Government suspended the extradition treaty with Hong Kong due to national security legislation.
  • A new bespoke immigration route is being created for citizens from Hong Kong.
  • The Bill is designed to bring wanted persons into extradition proceedings more quickly.
  • It ensures that UK laws do not create a possibility of impunity for those accused or convicted of serious criminal offences.
  • The Bill aims to provide UK police officers with arrest powers needed to keep up with transnational crime challenges.
  • MPs thank officials for their assistance during the scrutiny of the Bill.
  • The SNP supports reasonable measures to tackle transnational crime while emphasizing the importance of protecting human rights.
  • The Government refuses to consult devolved administrations on changes to extradition provisions related to territories.
  • Concerns are raised about potential breaches of international treaties and the rule of law.
  • The statement addresses concerns about the treatment of British citizens during extradition proceedings.
  • The European arrest warrant had features not to this country's liking, implying an element of compromise was involved in its creation.
  • Some Members hope for a better system if there is no European arrest warrant post-Brexit.
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