Draft Extradition Act 2003 (Amendment to Designations) Order 2025
(1 day, 10 hours ago)
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The Minister for Border Security and Asylum (Alex Norris)
I beg to move,
That the Committee has considered the draft Extradition Act 2003 (Amendment to Designations) Order 2025.
It is a pleasure to serve under your chairship, Mr Stringer. I take this opportunity to register my solidarity and that of my colleagues with you and your community for what you have been through in recent days. An attack on your community is an attack on all of us, and we stand with you.
The Chair
Alex Norris
In an increasingly interconnected world, where crime knows no borders, international co-operation that promotes justice and helps keep the British public safe has never been more important. The statutory instrument before the Committee today will enhance our extradition arrangements and bring compatibility between our domestic and international legal frameworks governing extradition co-operation. I shall start by explaining in a little more detail why these changes are being brought at this time and the effect that they will have on our extradition arrangements.
The draft order amends the designation under the Extradition Act 2003 of three states: Chile, Hong Kong and Zimbabwe. Taking those in turn, Chile’s designation is required as it has recently acceded to the 1957 European convention on extradition, of which the UK has been a long-standing supporter. In the light of that change, it is both appropriate and necessary that Chile’s designation be amended from a part 2, category B territory to a part 2, category A territory. The change will mean that Chilean extradition requests will no longer require the provision of prima facie evidence, streamlining co-operation to reflect the underlying international legal framework now in place. It is worth reflecting that this designation is not simply a matter of administrative convenience, but a recognition of Chile’s commitment to international legal standards and a reaffirmation of our own dedication to maintaining robust and principled extradition arrangements. It will enhance the efficiency of our judicial co-operation, reduce unnecessary delays and ensure that justice can be pursued swiftly and fairly.
Turning to the de-designation of Hong Kong, as Members will be aware, the UK suspended its extradition treaty with Hong Kong in July 2020. The move was taken in response to the imposition of national security legislation by the Chinese authorities—legislation that was and remains wholly incompatible with the principles underpinning our extradition framework and the rule of law. Since the suspension, there has been no formal treaty framework in place to underpin extradition co-operation with Hong Kong. The draft order before the Committee today formalises that reality, removing Hong Kong’s designation under the Extradition Act, thereby aligning its status with other non-treaty jurisdictions. I want to be crystal clear about the impact of this legislation. For the avoidance of any doubt, it does not reinstate extradition co-operation between the UK and Hong Kong. It also does not create any new powers for the Government and does not change any powers of UK courts to consider extradition requests.
I am aware of concerns raised by Members across the House, particularly regarding the safety of pro-democracy activists and critics of the Chinese Government who have sought refuge in the UK. I assure the Committee that we take our responsibility towards those potentially at risk of persecution extremely seriously, and that our courts remain independent and vigilant in upholding the rights and freedoms of all individuals. This de-designation is a necessary step to reflect accurately the international legal position in our domestic law. It protects the integrity of our extradition process and safeguards the rights of those Hongkongers in the UK who have fled political repression.
Finally, the draft order de-designates Zimbabwe. Zimbabwe was originally designated as a part 2, category B territory on the basis of its participation in the London scheme for extradition within the Commonwealth, a multilateral treaty arrangement that underpinned co-operation among Commonwealth nations. Zimbabwe, however, formally withdrew from the Commonwealth in 2003, and as such the legal foundation for its designation under the Act has since ceased to exist. De-designation now is therefore not a reflection of any change in our diplomatic posture, but rather a necessary legal correction, given that the current designation is incompatible with the UK’s domestic legal framework and international obligations. Zimbabwe’s continued designation was an oversight spanning many years and multiple Governments, which we seek to put right today.
More broadly, this issue highlights the potential for a country to remain listed under part 2 despite the underlying treaty or arrangement no longer being in force. I can therefore confirm, because I know there will be interest in this, that measures have now been put in place to strengthen co-ordination between policy, legal and operational teams across Government to ensure that designation status accurately reflects the relevant frameworks in a timely manner.
To conclude, extradition is a vital tool in our fight against cross-border crime. Offenders should not be able to escape justice by crossing borders. This order ensures that our system remains principled, effective and fit for purpose. I therefore commend the order to the Committee.
Matt Vickers (Stockton West) (Con)
It is a pleasure to serve under your chairmanship, Mr Stringer. I echo the Minister’s thoughts and sympathies with regard to the horrendous incident inflicted on your community.
For the reasons the Minister has outlined, I can state clearly our support for this order. We all recognise the need to maintain our international agreements and to ensure that our extradition laws remain in line with our current realities. On the more positive side of the ledger, it is always welcome to see the enhanced agreement with Chile; the UK’s first extradition treaty with the country dates back to the 19th century.
Although this piece of secondary legislation encompasses multiple countries, it would be improper not to reflect on the terrible situation faced by those who have had to leave Hong Kong, and by those who have remained and suffered abominable infringements of their rights. Those rights, once so firmly instilled, have withered away under intolerable changes in the law. Jimmy Lai’s recent trial is a timely reminder of how people’s freedoms continue to be undermined.
Meanwhile, in the United Kingdom itself, we see complete disregard for individual freedoms. Pro-democracy protester Bob Chan—a Hongkonger—was injured after being dragged on to consulate grounds and beaten by assailants in 2022. More recently, the use of bounties by Hong Kong’s police force, encouraging the targeting of opposition voices, is heinous. That underscores why it was paramount that the last Government took steps to suspend the treaty, and it is right that the Government recognise that concern by continuing legal steps to sever extradition powers. I hope that the Minister and his former colleagues, many now outside the Home Office, recognise the need to be robust with representatives of Hong Kong and China when dangers present themselves.
On the order itself, I thank the Minister for providing written assurance to my colleagues about these proposals, as it is right that we make sure that any changes the UK makes do not undermine the security of people living in this country, and that extradition is not a tool that can be misused. I particularly welcome his commitment that the Government will never allow a situation where Hongkongers or people of any other nationality are extradited for politically motivated purposes. I hope that the Security Minister continues to take steps to ensure that, including by making certain that no diplomatic building can be used for malign purposes.
It is right that our extradition system is fit for purpose, so I am pleased to be able to support these proposals.
Edward Argar (Melton and Syston) (Con)
I will be brief. I associate myself with the Minister’s remarks to you and your constituents with respect to recent events.
It is a pleasure to make a brief speech in a Delegated Legislation Committee opposite the Minister. When he shadowed me, and sat on this side of the Committee Room, we spent many a happy hour on the Committee Corridor. However, he should rest assured that I do not intend to use this opportunity to get my own back on him for what he did back then, because I regard him not only as a friend, but as an extremely diligent Minister.
In that vein, regarding the largely technical measure before us, I seek only one real assurance from him. It reflects the penultimate two paragraphs of the letter sent yesterday by the Security Minister to members of the Committee. He has reassured the Committee that he has put in place ongoing co-ordination processes to ensure that, on an ongoing basis, any issues that arise are dealt with in a timely fashion.
I seek the Minister’s reassurance that he and his officials are now confident that they have taken this opportunity—with this piece of delegated legislation—to remedy any other errors that might have been identified, or at least checked that there were no other anomalies in the existing legislation.
Alex Norris
I am grateful for those constructive and thoughtful comments from colleagues opposite. I share the positivity that the Opposition spokesperson feels around the progress made with Chile. It just shows that these partnerships, built over time, can build an international rules-based order that creates freedoms around the world. That is something we should be very proud of.
I would also like to make it very clear that I strongly share the shadow Minister’s views on Hong Kong, and I hope colleagues will take comfort from what the Security Minister said yesterday about the Government’s resolution to stand with members of the Hong Kong community, who have really catered to our country. They are making a huge impact in Nottingham, as they are across the country, and we are committed to supporting them. We are proud to stand up for the rights of the people of Hong Kong, and we will continue to monitor developments closely.
The shadow Minister asked for assurance on our robust engagement with China and Hong Kong, and I can absolutely give him that commitment. As he said so importantly, I also restate the shared view across multiple Governments, and across the House, that extradition must never be used for political purposes. I think we can have a significant degree of assurance that the systems underpinning extradition in this country will endure whatever the changes of Government or political mood or sentiment. The 2003 Act, which we are amending today, and the European convention provide a sound underpinning that gives an independent judiciary the ability to ensure that individuals have that protection. I hope that reassures the shadow Minister and colleagues.
I had a degree of trepidation when I saw the right hon. Member for Melton and Syston—I also cannot get used to saying that name, as I said Oadby and Wigston so many times.
Alex Norris
Charnwood—gosh, it does seem like a thousand years ago. The right hon. Member for Melton and Syston was an excellent and helpful Minister when I shadowed him during the pandemic, which was an exceptionally important period for our country. I gave him a tricky ride at times, but I did so in good humour, as he always was too. I am grateful that he is yet to repay that debt, although I am sure that is inbound.
It is worth noting the timeliness of the correction on Zimbabwe, which is 22 years out of date. Thinking back to 2003, I had terrible highlights and was dancing to Busted on the campus of the University of Nottingham, and I was not generally thinking that I would be here 22 years later. When we find something like this, it behoves us to scrub to ensure that there is nothing else. I can assure the right hon. Gentleman that we have done that scrub, and there are no other such anomalies to be tidied up in the future.
To conclude, I want to reiterate that this order does not reflect a change in Government policy towards the countries named, or the extradition system more generally. It seeks to ensure that changes to the international framework are reflected in our domestic law. On that basis, I hope the Committee can support the order.
Question put and agreed to.