§ Mr. Farrasked the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the position with regard to extradition from United Kingdom dependent territories in connection with hijacking offences.
§ Lord BalnielI have today laid before the House the Hijacking Act 1971 (Overseas Territories) (Amendment) Order 1973.
This order revokes those provisions of the Hijacking Act 1971 (Overseas Territories) Order 1971 which relate to extradition from United Kingdom dependent territories for offences in connection with hijacking, and replaces them with identical provisions.
The Hijacking Act 1971 (Overseas Territories) Order 1971 was made by Her Majesty in Council on 27th October 1971 and came into operation on 1st November 1971. Most of the order was made under Section 6(2) of the Hijacking Act 1971 and did not need to be laid before Parliament. But the provisions relating to extradition were made partly under the Foreign Jurisdiction Act 1890 and partly under Section 17 of the Fugitive Offenders Act 1967, as extended by Section 6(1) of the Hijacking Act 1971.
Orders under the Foreign Jurisdiction Act 1890 are subject to laying before both Houses of Parliament in accordance with Section 11 of that Act, and orders 338W under Section 17 of the Fugitive Offenders Act 1967 are subject to annulment by resolution of either House in accordance with that section. These provisions were unfortunately overlooked with the consequence that the 1971 order was not laid before Parliament, and this omission has recently been discovered. Since matters of extradition arising out of the Hijacking Convention are involved I considered that the remaking of those parts of the 1971 order which ought to have been laid before Parliament was the only proper course to take. Fortunately occasion has never yet arisen for action to be taken under the 1971 order.
I wish to express the apologies of all concerned for the failure to lay the 1971 order.