HL Deb 25 July 1990 vol 521 cc1606-7WA
Lord Kennet

asked Her Majesty's Government:

Whether they have now studied the opinion of the Supreme Court of the United States, announced on 28th February 1990, and whether they have since discussed with the United States Administration the apparent failure of the United States legal system to recognise either the sovereign rights in international law of other states in their own territories, or the status of the High Seas as one precluding searches and arrests otherwise than in accordance with international law; if so to what effect; and if not what steps they are taking to clarify or rebut the claim enunciated by the United States Supreme Court for Government agents of the United States to enforce that country's criminal law in other countries, to enter homes, carry out searches and arrests, including the use of armed force, "halfway round the globe"; and whether they accept any of these claims.

The Minister of State, Home Office (Earl Ferrers)

The United Kingdom is aware of the judgment of the United States Supreme Court, given on 28th February, in the case of a Mexican citizen, Verdugo-Urquidez. This case apparently involved officials of the United States Drug Enforcement Administration participating in the search of premises in Mexico with the authority and consent of the Mexican authorities, and accompanied by Mexican officials. The issue before the Supreme Court was whether the United States officials should also have had the authority of a United States search warrant: the opinion of the Supreme Court was that the protections provided for in the United States constitution relating to search and seizure were not applicable in this case.

Although the judgment appears unlikely to affect the interests of this country, Her Majesty's Government have made clear to the United States authorities that they do not accept that any foreign country has the right to exercise extra-territorial jurisdiction in the United Kingdom.