The first is a “forum” test which would allow for removals to be halted – a safeguard which Liberty and parliamentarians of all political persuasions have long lobbied for. Regrettably the inadequate test suggested by Ministers would tie the hands of judges and set such a high threshold that it’d likely make little difference.
Secondly, the proposals would remove the Home Secretary’s ability to rely upon
human rights grounds to block extradition – precisely the power Theresa May
used to save Gary McKinnon from removal to the US. This is a seismic shift in
the law and the loss of a vital protection.
Two amendments in the name of Lord Dubs, boasting cross-party support from the Commons, were tabled which would have gone some way to tackle such shortcomings. The amendment would have put in place a rebuttable presumption against extradition where forum arises, real judicial discretion would have been introduced into the proposed “forum” test and the suggestion of removing the Home Secretary’s obligation to consider human rights would have been eradicated.
Frustratingly it wasn’t to be and the Government’s amendments were indeed passed. It’s perhaps unsurprising given how late in the Bill’s passage they were introduced and how little time there was for debate and discussion in both Houses.
And so last night’s opportunity to address our rotten extradition arrangements went begging. Nevertheless, cross-party consensus on the need for proper reform is growing and the campaign to introduce some much-needed fairness – and Liberty’s part in it – certainly continues.
