Chile

HC Deb 27 October 1998 vol 318 cc140-2

6. Mr. Eric Pickles (Brentwood and Ongar)

If he will make a statement on the UK's relations with Chile. [54290]

The Secretary of State for Foreign and Commonwealth Affairs (Mr. Robin Cook)

I met the Deputy Foreign Minister of Chile, Mr. Mariano Fernandez, on Saturday. I explained to the Minister that the Government of Britain had no power to intervene in the court proceedings concerning Senator Pinochet, and nor would it be proper for us to direct the police in the execution of a magistrate's warrant. I also stressed to Mr. Fernandez the determination of the Government to prevent these legal procedures from undermining our excellent relations with the democratic Government of Chile.

Mr. Pickles

Will the right hon. Gentleman join me in congratulating the people of Chile on the smooth transition from dictatorship to a robust democracy? Does he agree that one of the most remarkable features of that is that opponents of the former regime worked side by side with people who supported it, forswearing individual acts of violence, to build a strong and robust democracy in Chile? Does the right hon. Gentleman understand that that balance between opponent and supporter is a fine one and that outside influences are not welcome in that process? If he agrees with that, has he had an opportunity over the past fortnight to pass on that view to other members of the Government?

Mr. Cook

Of course there is a fine balance in direct conciliation and accommodation in Chile. That fine balance includes 14 current prosecutions outstanding against Senator Pinochet.

Of course we warmly welcome the progress of Chile and many other countries of Latin America towards democracy. One of the important founding stones of democracy is the rule of law and the clear principle that politicians should not decide who is arrested and who is not, and it is that principle that we are upholding in Britain.

Mr. Donald Anderson (Swansea, East)

I have never had tea and sympathy with General Pinochet, and, having visited Chile during the reign of terror in the early 1980s and seen the way in which the oldest and longest democracy in Latin America had had its democracy subverted, I would never seek to parley with that gentleman. However, our views are surely irrelevant: will my right hon. Friend confirm that, once a proper application had been made under the Extradition Act 1989, we had no option but to let due process proceed?

Mr. Cook

My hon. Friend is absolutely correct. One of the most curious features of the past few days and the comments on them is the idea that the Bow Street magistrates issuing a warrant and the Metropolitan police executing it somehow adds up to a left-wing conspiracy. The Government are clear: due process of law must be carried out and it must not be warped to fit anybody's political agenda.

Mr. Michael Howard (Folkestone and Hythe)

Is it not correct that the handling of this arrest and the possible extradition of General Pinochet have been bedevilled by chaos and confusion throughout? Why have the Government still not established whether or not the Spanish Government, as opposed to one Spanish judge, are applying for his extradition? Is the right hon. Gentleman not aware that the Home Secretary had a discretion not to authorise the grant of a warrant and could at that point have taken into account many factors, including the implications of the arrest for the future of democracy in Chile?

Mr. Cook

The right hon. and learned Gentleman wrote to me last week saying that, if an extradition request were made, of course the normal processes and procedures should be followed. It is difficult to see that sentiment in the question that the right hon. and learned Gentleman has just put to me. Of course we have had no contact on the question with the Spanish Government. It would be deeply improper to do so. The extradition request has been processed by entirely competent legal authority in Spain. It is for the Spanish authorities to decide whether they wish to withdraw it, not for us to decide whether we should ignore it. The Home Secretary was entirely proper in allowing the due process of law to proceed. There was a time when the Conservative party would have prided itself on being the party of the rule of law. It is rather sad that it has now departed from that principle of our constitution.

Mr. Howard

Does the Foreign Secretary not appreciate that the rule of law in this matter includes a discretion for the Home Secretary to take into account factors such as those that I mentioned, before authorising a warrant? On what conceivable basis does the Foreign Secretary allege that it would be improper to ask the Spanish Government whether they, as opposed to one judge, want General Pinochet to be extradited?

Mr. Cook

It is a matter for the Spanish legal authorities to decide whether to proceed with this, just as it is a matter for the British courts to decide how to proceed on it. Of course, areas of discretion are available to the Home Secretary after due process and after the matter has been before the courts. If the right hon. and learned Gentleman is really saying that there were occasions when, in secret, he squashed a warrant for extradition, he should tell the House when it was.