§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department when the 1960 extradition treaty between Great Britain and West Germany was last amended; in what way and for what reason it was amended; and if the House was notified of the change.
§ Mr. Merlyn Rees:Extradition between the United Kingdom and the Federal Republic of Germany is governed by a treaty of 1872, as amended by an agreement concluded in 1960 and by an exchange of notes in September of this year.
The exchange of notes amends the treaty in three ways. First, it amends article I so that the treaty covers offences committed within the jurisdiction rather than within the territory of the requesting State. Secondly, article II is amended 4W to bring within the scope of the treaty, in addition to the offences listed there, any offence which is extraditable in United Kingdom law and which is punishable by one year's imprisonment or more in German law. Finally, article III is amended so as to remove the former prohibition on the surrender by each State of its own nationals, and instead to make such surrender discretionary, and to place an obligation on the requested State to consider prosecution where extradition is denied on grounds of nationality.
The treaty was amended as part of the continuing process of improving our extradition arrangements. It is now common form to include these provisions when amendment or replacement of an existing treaty is being negotiated with a member State of the Council of Europe.
Effect was given in the United Kingdom to the exchange of notes by the Federal Republic of Germany (Extradition) (Amendment) Order 1978, which was made on 29th September 1978 and came into operation on 3rd October 1978. As required by section 2 of the Extradition Act 1870, the order was laid before Parliament on 2nd October 1978.