HC Deb 24 February 1863 vol 169 cc726-7
SIR GEORGE BOWYER

said, he rose to ask the Under Secretary of State for Foreign Affairs, Whether any Treaty, Agreement, or Convention has been entered into with the Government of King Victor Emmanuel regarding the extradition of persons charged with having committed offences in Italy and resident at Malta; and, if so, whether Her Majesty's Government will lay such Agreement, Convention, or Treaty upon the table, with the Correspondence relating to it; and, if not, whether any negotiation is going on between the two Governments for the purpose of concluding such an Agreement, Convention, or Treaty as above-mentioned for extradition, or whether such negotiation has been brought to a conclusion; and whether the Correspondence will be immediately, or when, laid upon the table.

MR. LAYARD

, in reply, said, that no Treaty or Convention, nor, indeed, in the strict sense of the word, Agreement, had been entered into by Her Majesty's Government with the King of Italy with regard to the extradition of offenders. What had taken place was this: —Some time ago the Italian Government proposed that this country should enter into an extradition treaty with them for the surrender of criminals who in large numbers had taken refuge in Malta. The British Government declined to enter into such Treaty, but suggested that they would do what was constantly done in the Colonies— namely, puss a local Ordinance for the surrender of certain criminals. This suggestion was accented by the Italian Go- vernment. An Ordinance had been prepared and had been submitted to the Council of Malta. According to the law, before an Ordinance could be passed, it must be published in draft for a certain period in the Gazette of Malta. It had been so published, but had not yet passed the Council. When it had passed, it should, with all the correspondence, be laid on the table of the House. But he could assure the hon. and learned Baronet there was no reference in the Ordinance to political offenders.

SIR GEORGE BOWYER

Is the hon. Gentleman aware that such an Ordinance has been proposed in the Council, that amendments have been moved, and that the Ordinance has been published in the newspaper?

MR. LAYARD

I have just stated that according to the law, the Ordinance must be published in draft before it can be passed. It has been so published, and when the requisite time has elapsed, it will then become law.

SIR GEORGE BOWYER

That is not answering my Question, which is, whether the hon. Gentleman is aware that that Ordinance had been passed in the Council—that it had been previously debated by the Council, and afterwards published in the Gazette.

MR. LAYARD

I am not aware that it has passed.

MR. HENLEY

Does the word "criminal" include political offenders.

MR. LAYARD

I have stated that it does not include political offenders.

SIR GEORGE BOWYER

May I ask whether that Ordinance is similar to the extradition clauses in the Treaties which have been entered into between this country and America and between this country and France; or whether that Ordinance includes a great number of offences besides those mentioned in the Treaties with America and France?

MR. LAYARD

The hon. and learned Gentleman did not give me notice of this part of the Question, and I cannot, therefore, give him an exact answer.