§ Mr. Robert Maclennan (Caithness and Sutherland)I beg to ask leave to move the Adjournment of the House, under Standing Order No. 10, for the purpose of discussing a specific and important matter that should have urgent consideration, namely,
the imminent extradition of Mr. Ernest Kirkwood to the United States of America.The matter is specific in that Mr. Kirkwood, a United States citizen, is accused on two counts of murder and one of attempted murder in San Francisco. Under article 4 of the extradition treaty between the United States and this country, the Home Secretary signed a warrant of surrender on 2 February. In so doing he exercised a discretion that he was not bound to exercise and this raises the point of importance and difficulty which I believe should be considered by the House.Unusually, Mr. Kirkwood has applied to the European Commission of Human Rights for consideration to be given to the argument that extradition would be in breach of article 3 of the European convention on human rights in that the inordinate delays in carrying out the death penalty in California amount to inhuman and degrading treatment and punishment.
The European Commission—
§ Mr. SpeakerOrder. The hon. Gentleman must not refer to the arguments that he might use in his speech if the application were granted.
§ Mr. MaclennanI appreciate that, Mr. Speaker.
The commission has given notice to the Government that it intends to consider the admissibility of the application during its session beginning on Tuesday. If this extradition is proceeded with today or tomorrow—and in the light of a judgment given in the House of Lords this morning, that appears to be the prospect — the commission will be frustrated in its purpose of hearing the case, and this country, as a party to the convention, has an interest in ensuring that the purposes of the convention are not so frustrated. This is the last opportunity that Parliament has to consider this issue, which is why it is urgent.
Mr. Kirkwood has applied to the commission under rule 26 of its rules, and has asked for the commission to give an indication to the Government that they should not allow this extradition to go ahead, which application would be considered on Tuesday. I do not seek to oppose the extradition beyond the hearing of the case by the commission, but to frustrate the purposes of the commission is a most serious matter, almost without precedent. In the only case where there was a precedent, the Amekrane case in 1974, the British Government allowed a deportation to Morocco where a man was subsequently executed, and damages were paid by the British Government of £36,500 to the widow because of the failure to observe the provisions regarding the European convention. I submit that this is a specific, urgent and serious matter for your approval, Mr. Speaker, and for the House to consider.
§ Mr. SpeakerThe hon. Member asks leave to move the Adjournment of the House for the purpose of discussing a specific and important matter that he thinks should have urgent consideration, namely, 417
the position of Mr. Ernest Kirkwood, at present held in prison following the refusal of leave to appeal to the House of Lords, and his subsequent application to the European Commission of Human Rights for an interim stay of the enforcement of the warrant for his extradition under rule 26 of the Commission's rules.I have listened very carefully to what the hon. Gentleman has said, and I am sure that his arguments will be noted by those who are responsible. I have to rule, however, that I do not consider that this matter is appropriate for discussion under Standing Order No. 10, and I cannot, therefore, submit his application to the House.