§ Lord Scott of Foscoteasked Her Majesty's Government:
Whether, pursuant to Articles 24(5) and 38 of the Treaty on European Union, there are any constitutional procedures required to be followed in the United Kingdom in order for the Extradition and Mutual Legal Assistance Agreements between the European Union and the United States to become binding in the United Kingdom; and, if so, what those constitutional procedures entail. [HL4061]
§ Baroness Scotland of AsthalNo ratification procedure is required for the agreements. The provisions in the Extradition Agreement are either contained or reflected within the Extradition Bill that is currently before Parliament, or within the UK—US bilateral extradition treaty, signed on 31 March 2003; or else they require administrative changes that will simplify and speed up the procedures before transmitting extradition documentation.
The provisions of most articles of the Mutual Legal Assistance Agreement are either already in place or reflect those in the Crime (International Co-operation) Bill that is also now before Parliament; or else can be provided for using secondary legislation under that Bill and earlier Acts of Parliament.
§ Lord Scott of Foscoteasked Her Majesty's Government:
With regard to the Extradition and Mutual Legal Assistance Agreements between the European Union and the United States, what steps they are taking to ensure that the assurances given orally to 35WA Sub-Committee E of the European Union Committee by Bob Ainsworth MP on 4 June, recorded in a letter to the Minister dated 12 June, and concerning compliance with the European Court of Human Rights, non-imposition of the death penalty; no substitution of a capital charge; trial before an ordinary federal or state court, and not before a military tribunal; and no mutual assistance except where an investigation is in progress and the requesting authority has criminal competence, are made known to those facing extradition pursuant to the Extradition Agreement or otherwise likely to be affected by either of the Extradition or Mutual Legal Assistance Agreements. [HL4062]
§ Baroness Scotland of AsthalThe assurances given by my honourable friend, the then Parliamentary Under-Secretary of State at the Home Office, Bob Ainsworth, on 4 June 2003, as recorded in the letter to him from the noble Lord, Lord Grenfell, of 12 June, are a matter of public record.
The Extradition Bill, currently before Parliament, is consistent with the assurances by guaranteeing that there will be no extradition where there is a possibility of the death penalty being carried out, and no extradition where it would breach the European Convention on Human Rights.