HC Deb 29 January 1930 vol 234 cc965-7
5. Sir KINGSLEY WOOD

asked the Secretary of State for Foreign Affairs whether he has discussed with the Italian Ambassador the desirability of a reconsideration of the extradition treaty with Italy of 1873, and particularly of mutual provision being made for the delivery up to Great Britain and Italy, respectively, of persons charged with certain criminal offences?

Mr. A. HENDERSON

No, Sir. I have not discussed this matter with the Italian Ambassador. The existing extradition treaty with Italy provides for the surrender of persons charged with, or convicted of, certain crimes specified in the treaty. It contains a provision, however, that neither party shall surrender its own nationals. Negotiations with a view to the conclusion of a new extradition treaty have been proceeding for some time past with the Italian Government. While it is proposed that the new treaty shall contain an optional clause in regard to the surrender of nationals, I would point out that, according to the provisions of the Italian Criminal Code, Italian subjects cannot be extradited from Italy.

Sir K. WOOD

Is the Foreign Secretary fully seized of the serious allegations that were made by the Attorney-General against an Italian subject in a criminal trial last week, and is it true that, under the present Treaty, if representations are made by the British Government in such a case, provision is made under the Italian Penal Code by which the Italian authorities themselves can take action?

Mr. HENDERSON

Yes. I think that is correct. Of course, it would involve a great amount of expense for witnesses to be taken to Italy for the trial. I believe that the Department concerned has this matter definitely under consideration.

Sir K. WOOD

May I take it that the Foreign Secretary agrees that in the case of a friendly State, such as Italy, he does not apprehend any difficulty if a decision to that effect was arrived at?

Mr. SPEAKER

I understand that that is the subject of a question on the Order Paper to-morrow.

Mr. HORE-BELISHA

May I ask whether we observe the same practice, and whether cases have occurred in which we have refused to hand over British subjects to the Italian Government?

Mr. HENDERSON

I must ask for notice of that question.

7. Sir GEORGE PENNY

asked the Secretary of State for Foreign Affairs whether in view of the Hatry case and of the existing international ramifications of business and finance, he can make representations regarding the policy of extradition with Continental countries which at present give immunity to their nationals from being brought to England to stand trial for alleged offences against the laws of this country?

Mr. A. HENDERSON

The suggestion involves considerable difficulties which are being examined.