HL Deb 22 July 1988 vol 499 cc1598-9

61 Clause 19, leave out Clause 19, and insert the following clause:

Application of general extradition arrangements to colonies. '(1) Upon the making of an Order in Council under section 2 above, the provisions of this Act specified in subsection (2) below shall, unless the Order otherwise provides, extend to every colony, as regards the extradition arrangements to which the Order refers, but subject—

  1. (a) to the modifications set out in subsections (3) to (6) below; (b) to any further modifications as to procedure prescribed by the law of the colony; and
  2. (c) to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.

(2) The provisions of this Act mentioned in subsection (1) above are—

  1. (a) section 1(1) to (8);
  2. (b) sections 3 to 10;
  3. (c) sections 12 to [Persons serving sentences outside country of conviction]; and
  4. (d) this section.

(3) A reference to the colony shall be substituted for any reference to the United Kingdom or Great Britain.

(4) An extradition request may be made to the governor and the governor may exercise the powers of the Secretary of State.

(5) A reference to a consular representative recognised by the governor shall be substituted for the reference in section 4(1) above to a diplomatic representative recognised by the Secretary of State.

(6) Any reference to a magistrate, judge or court shall be construed as a reference to such judicial authority as the law of the colony may provide.

(7) Her Majesty may by Order in Council direct that in any colony specified in the Order—

  1. (a) the Extradition Act 1870 shall have effect with the amendments made by this Act; and
  2. (b) the Fugitive Offenders Act 1967 shall have effect with the amendments and repeals so made.'.

62 After Clause 19, insert the following new clause:

Special extradition arrangements—colonies

'(1) Her Majesty may by Order in Council direct that this section shall extend to any colony specified in the Order in the case of foreign states with whom there are no general extradition arrangements, subject to the limitations, restrictions, exceptions and qualification, if any, contained in the Order.

(2) Where arrangements have been made in respect of a person under which extradition procedures under this Part of this Act will be available as between a colony to which this section applies and a foreign state, such extradition procedures shall be available in the case of that person, as between the colony and the state with whom the arrangements have been made, subject—

  1. (a) to the modifications of the provisions of this Act specified in subsection (2) of section (Application of general extradition arrangements to colonies) above set out in subsections (3) to (6) of that section;
  2. (b) to any further modifications as to procedure prescribed by the law of the colony; and
  3. (c) to the limitations, restrictions, exceptions and qualifications, if any, contained in the arrangements.

(3) The provisions of this Act mentioned in section (Application of general extradition arrangements to colonies) (2)(a) to (c) above shall extend to the colony so far as is necessary for the purposes of the arrangements.

(4) If the governor or the Secretary of State issues a certificate—

  1. (a) that such arrangements have been made; and
  2. (b) that extradition procedures are available in the case of the person named in the certificate as between the colony and the foreign state to the extent specified in the certificate.
it shall be conclusive evidence of all matters stated in it.'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 61 and 62. The revised Clause 19 inserted by Amendment No. 61 ensures that the substantive law contained in the Bill can have effect with appropriate modifications in one dependent territory or dependent territories generally. It therefore ensures that new extradition arrangements made by the United Kingdom can apply to a dependent territory or to dependent territories. The revised Clause 19 was introduced in another place because after consideration it was thought that the earlier version could be improved upon and be made clearer.

The clause introduced by Amendment No. 62 allows the ad hoc extradition procedures which are being introduced by United Kingdom law by Clause 11 of the Bill to be made available in the colonies by order in council. Its terms follow the provisions of Clause 11 but with modifications so that the wording is appropriate for the colonies. The modifications reflect those made by revised Clause 19 in respect of the application of general extradition arrangements to the colonies. For example, references to the United Kingdom or Great Britain will become references to the colonies. I commend the amendments to the House.

Moved That the House do agree with the Commons in their Amendments Nos. 61 and 62.—(Earl Ferrers.)

On Question, Motion agreed to.