Police Reform and Social Responsibility Bill

Ann Clwyd Excerpts

Monday 13th December 2010 Commons Chamber

[Mrs May]

I thank my hon. Friend for making that point. It is certainly clear that the current process for applying for an arrest warrant has deterred some public figures from overseas from coming to the UK. The Bill will make the process fairer and safer by requiring the consent of the Director of Public Prosecutions before a warrant can be issued.

[Ann Clwyd (Cynon Valley) (Lab)]

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[Richard Burden (Birmingham, Northfield) (Lab)]

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[Mrs May]

I am about to come to the end of my speech, but I will give way to the right hon. Member for Cynon Valley (Ann Clwyd).

[Ann Clwyd]

I am grateful to the Home Secretary. May I ask her what test the DPP will be expected to apply before an arrest warrant is granted under this new proposal that the district judge currently does not apply? What is the difference between them?

[Mrs May]

The key issue that the DPP will look at is the basis for the request for the arrest warrant and the extent to which there is a genuine basis for bringing it forward. He will look at the prospects for a successful prosecution and balance that issue in the view that he takes. At the moment, the threshold requirement is significantly less than would normally be required in bringing a successful prosecution.

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[Ann Clwyd (Cynon Valley) (Lab)]

I oppose clause 151, which is entitled “Restriction on issue of arrest warrants in private prosecutions”. I do so as chair of the Back-Bench all-party parliamentary human rights group, of which the hon. Member for Carshalton and Wallington (Tom Brake) is treasurer. I hope that my arguments will prevail on him, and that he too will see that to change the position in that regard would be invidious.

[Tom Brake]

Will the right hon. Lady give way?

[Ann Clwyd]

Certainly. It appears that the hon. Gentleman has already changed his mind.

[Tom Brake]

I think that if the Director of Public Prosecutions, having taken on this responsibility, is given resources enabling him or her to process a request for an arrest warrant in a very short time, all the right hon. Lady’s concerns may disappear. If they do not go away, will she explain why?

[Ann Clwyd]

I hope to, if I am able to develop my thoughts.

Much of our criminal law is territorial, applying to acts committed in England and Wales or by British people, but we have agreed to prosecute those who commit crimes, such as grave breaches of the Geneva Conventions Act 1957 and torture and taking hostages here, wherever or by whoever those crimes are committed. That is universal jurisdiction intended by all the countries who accede to it to ensure that there is no international hiding place for perpetrators of grave crime. We have a duty to seek out the culprits, and either to extradite them or to prosecute them here. For example, in 2005 an Afghan warlord, Zardad, was successfully prosecuted in the United Kingdom for torture offences abroad.

In the United Kingdom, it is not only the police who can initiate proceedings; any individual can apply to a magistrate for a summons or warrant to bring someone to court. The test for the magistrate is whether there is prima facie evidence of an offence on the part of the person named. Many cases involving serious offences cannot proceed beyond that stage without the Attorney-General's consent. I have a little experience of that, having chaired Indict, a human rights organisation which for seven years gathered evidence against Iraqi war criminals, many of whom are appearing in an Iraqi court or have already been sentenced. I have no time to go into what happened then, but in the current circumstances it is extremely difficult to obtain an arrest warrant. It took two years just to discuss the case of Tariq Aziz with the Attorney-General and with Scotland Yard. It was then thrown back to the Attorney-General, and we did not secure a decision. There was a strong possibility that Tariq Aziz, who travelled a good deal, had come to this country, perhaps to spend Christmas with George Galloway, who had spent Christmas with him in the past.

We did not manage to obtain that arrest warrant. English law does not allow arrest warrants to be granted on flimsy evidence, but although our evidence was very strong indeed, we still could not obtain one. Only two of the 10 private arrest warrant applications made in the past 10 years have been granted. Nothing needs fixing, as nothing has been broken.

Universal jurisdiction is a vital, agreed-on basis for tackling impunity in states that do not sign up to the International Criminal Court.

[Mr Slaughter]

My right hon. Friend clearly knows what she is talking about. I do not know whether she was as dismayed as I was by the fact that the Home Secretary clearly did not know what she was talking about when she was asked what standard of evidence the DPP would require. Is it the prima facie test, the full code test by the prosecutor, or something in between? Perhaps my right hon. Friend, like me, hopes that the Minister will clarify the matter in summing up the debate. If the answer is a full prosecutorial test, that effectively means that no warrants will ever be issued, because that standard of evidence will not have been gathered at the arrest stage.

[Ann Clwyd]

I am grateful to my hon. Friend for reinforcing that point, on which I attempted to extract more information from the Home Secretary. I am afraid that I did not get an answer however, and I too hope this might be explained further in the summing up.

The 1949 Geneva conventions require us to seek out and prosecute absolutely anybody suspected of committing war crimes. Similar duties exist under the torture convention, where we also have a duty to apply criminal law uniformly. A special legal or procedural system for those cases that is different from the rest of criminal law could breach that obligation. Victims securing the arrest of visiting suspects fulfil an important rule-of-law purpose. No state inference should bar their access to courts. As Lord Wilberforce said in 1978, the right to bring private prosecutions remains

“a valuable constitutional safeguard against inertia or partiality on the part of the authority”.

Lord Diplock similarly described it as

“a useful constitutional safeguard against capricious, corrupt or biased failure or refusal of those authorities to prosecute offenders against the criminal law”.

[Michael Ellis]

Does the right hon. Lady not accept that many countries with similar legal systems to our own—Canada, for example—have established a similar system? In the Canadian context, the Attorney-General or deputy Attorney-General has to give leave before the exercise of their universal jurisdiction power. Many other countries have similarly fettered the misuse of universal jurisdiction, which has often taken the course of party political or other politically biased purposes, and they have not had any difficulties in respect of the point the right hon. Lady is making. Where Lord Diplock and others refer to interference of the state, they did not apply it to this test.

[Ann Clwyd]

I hope the hon. Gentleman will seek to catch Mr Speaker’s eye, as he obviously has a speech in the making. I have experience of trying to get an indictment against some of the Iraqi war criminals in other countries such as Sweden, Norway, Switzerland and Belgium. The closest we came to getting an indictment was in Belgium, but that was thwarted at the last moment because somebody brought an indictment against Sharon, and the Belgian Government changed the law. Sometimes the pressures can be very different, but we do not have time to go into the details of this now.

[Mr Slaughter]

Does my right hon. Friend agree that the difference between what is being proposed and what happens in Canada is that in Canada the DPP is entitled to appear and present evidence for or against the issuing of a warrant, but the decision is a judicial one? What is being proposed here is wholly different, although the hon. Member for Northampton North (Michael Ellis) perhaps does not understand that. The decision is made by the state, before the court has a chance to consider the matter.

[Ann Clwyd]

I am grateful for my hon. Friend’s expert knowledge of this issue.

Senior district judges are trusted to deal with highly sensitive terrorism and extradition cases. They are very highly thought of—I would like to hear anybody say they are not highly thought of—and their role should not be undermined, but that is precisely what the Government are attempting to do. These judges are known to have thrown out cases against Israeli Defence Ministers Mofaz in 2004 and Barak in 2009, plus several cases against Mugabe. Eight refusals out of 10 means the system is already robust enough to weed out illegitimate cases. Indeed, there is not a single example of the current system failing to filter out cases that are an abuse of process. What is the evidence that the judge acted wrongly in the two cases in question? Does the Crown Prosecution Service have a view? Perhaps we will hear.

Some people are, of course, wildly exaggerating the real impact of the current law on them and officials from other countries. We know very well that many people from other countries who are currently in government—Presidents, Prime Ministers, Foreign Ministers and perhaps sometimes Defence Ministers—are free from any arrest warrants of this kind and can travel freely. In fact, absolute immunity applies to serving Presidents, Prime Ministers, Foreign Ministers and so forth, so I do not know what the problem is. It is a problem of the Government’s own invention, and I am sorry my Front-Bench team seems to be going along with them at the moment as does the coalition partner—although the hon. Member for Carshalton and Wallington might like to indicate whether he has changed his mind again. I think they are misled and we do a disservice to the many people all over the world who have been injured in some way by some of the people who can clearly be identified as war criminals.

[Several hon. Members]

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