UK-US Extradition Agreement

Greg Hands Excerpts

Thursday 23rd January 2020 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

Mr Deputy Speaker, while Members make their way out of the Chamber, I will take this opportunity to congratulate you on being the man who effectively announced our departure from the European Union. Your place in history is assured.

Since we agreed the UK-US extradition treaty in 2003, it has been abundantly clear that the British Government of the day struck a truly dreadful deal—asymmetric, sometimes ineffective and often unfair on British citizens. Countless examples down the years have shown that, from the NatWest three to Christopher Tappin, from Gary McKinnon to Anne Sacoolas, the person charged with causing the death by dangerous driving of Harry Dunn. We now risk yet another serious miscarriage of justice with the US extradition request for Dr Mike Lynch, a successful and entrepreneurial British businessmen. Dr Lynch founded an innovative data processing company called Autonomy, which by 2010 was Britain’s largest leading software company. In 2011 it was sold to Hewlett-Packard for £9 billion.

Several years later, Hewlett-Packard claimed that Autonomy was overvalued. Hewlett-Packard sued Dr Lynch for fraud in the United Kingdom. After a lengthy and costly civil trial, Dr Lynch is now awaiting judgment, and I am of course prevented from commenting further on that case due to the sub judice rules, although this is a trial by judge alone, not by jury, so the possibility of undue influence is near zero.

Dr Lynch is now facing almost identical criminal charges in the United States, in yet another aggressive attempt by American authorities to exercise extraterritorial jurisdiction. Despite the Serious Fraud Office deciding that there is no basis for a prosecution in the United Kingdom, the United States authorities are doggedly pursuing his extradition.

Civil cases in this country and the States are decided on the balance of probabilities, a much lower hurdle than for criminal cases, which have to be decided on a “beyond reasonable doubt” basis. If Hewlett-Packard fails to win its civil case against Dr Lynch here in the UK based on that much lower standard of proof than the criminal test, it is inconceivable that the authorities will win a near identical criminal case if it is tried fairly. Accordingly, the case for extradition would evaporate, so the only sensible course of action available to the UK authorities—in this case, the Home Secretary—is to delay the extradition until the United Kingdom judge has made his decision.

This case is important because it is characteristic of the way the American judicial system operates to favour American business. The United States has a tradition of using its broad extradition treaties to cast a wide legal net around the world. As with Mike Lynch, many of these cases are only tenuously linked to the United States. Cases such as those of Ian Norris, the former head of Morgan Crucible, or the NatWest Three all have common themes: they are all British citizens, the alleged crimes all took place on British soil, the United Kingdom system failed to protect them, and the US authorities ultimately got their way.

This does not, by the way, just apply to Britain. In March the US extradited three Credit Suisse bankers for alleged bribes passing between companies in London and Mozambique. The United States tenuously claimed jurisdiction because one transaction was operated through New York. Most of these United States cases are not in pursuit of terrorists or paedophiles or murderers, which is what the extradition treaty was originally designed for.

[Greg Hands (Chelsea and Fulham) (Con)]

I should state that Dr Lynch is my constituent, so I take a keen interest here.

Does my right hon. Friend agree that back in 2003 when the treaty first came in—I was not in the House then, but he was—we were sold it very much on the basis that it was to stop terrorists and committers of serious violence, rather than to deal with these kinds of commercial cases where somebody is effectively looking to repeat a trial, but under US jurisdiction?

[Mr Davis]

My right hon. Friend is exactly right. I was the shadow Home Secretary at the time and I opposed this treaty, but eventually our party gave in on the grounds that it was about paedophilia and terrorism and violent crime. That was the sole basis upon which we accepted what we thought at the time was a treaty that made it too easy for the US to extradite. And of course what we are seeing now is that that is not what is happening: the United States is going after white-collar businessmen and seeking to be the judge, jury and executioner for global commercial deals. Since 2003, some 80% of the extraditions were for non-violent crimes. This seems like very strange behaviour when we consider that this is a country that did not convict any American chief executives in the 2008 crisis, which clearly had some frauds behind it.

Dr Lynch is being charged with several counts of wire fraud, an offence originally designed to make a state crime into a federal crime so that prosecutions could be made by federal authorities. Its application quickly expanded, prompting one federal judge to say it has

“been invoked to impose criminal penalties upon a staggeringly broad swath of behaviour”.

That staggeringly broad swath is now being applied across national borders. In essence, a legal playbook designed to catch and convict mobsters and racketeers has first been repurposed to catch white-collar offenders, and now that repurposing has been extended outside American borders into what should be other countries’ jurisdictions.

The Home Affairs Committee concluded, in a 2012 report on the UK-US extradition treaty, that the US

“has the power to reach out around the world and—provided there is a very, very tenuous connection with the US—it generally has the power to prosecute.”

In a 2011 report on our extradition arrangements, Lord Justice Scott Baker concluded that we do not need to change the rules to ensure that London-based offences are dealt with here in the UK. He was wrong. He failed to give enough weight to the US ambition to extend its extraterritorial jurisdiction on commercial crimes. He also made no allowance for the incredibly one-sided nature of the prosecution and trial of foreign suspects in the US justice system. This is the core problem of our asymmetric and unbalanced treaty with the US.

An American citizen facing extradition to the UK can challenge it in a US court on the basis that there is no “probable cause”, but a UK citizen facing extradition to the US has no right to a “reasonable grounds” hearing. This is what the Joint Committee on Human Rights called in 2011 a

“lack of reciprocity in the Treaty.”

It went on to recommend:

“The Government should increase the proof required for the extradition of British citizens to the US so as to require sufficient evidence to establish probable cause, as is required for the extradition of a US citizen to the UK.”

What is more, the US Secretary of State has far greater discretion to refuse an extradition than our Home Secretary. Just look at the rejected extradition request for Anne Sacoolas.

The British Extradition Act 2003 states:

“The Secretary of State must order the person’s discharge.”

The equivalent US code, however, states:

“The Secretary of State may order the person....to be tried”.

That sounds like a minor difference in language, but it has had a very, very big impact.

Since 2007, the UK has surrendered 135 UK nationals to the US, 99 of them for non-violent alleged offences. During the same period, the US has surrendered only 11 people to the UK. That is why countries such as France and Israel refuse to allow their citizens to be extradited. It seems inconceivable, then, that the UK has ceded so much of its discretion, particularly given the extraordinary way in which extradited suspects are treated in the US. Many people think the US justice system is broadly similar to ours. The reality is that it is much more slanted.

If Dr Lynch is unfortunate enough to be extradited and denied bail, as most foreign suspects are—they are taken to be an intrinsic flight risk—he will face appalling conditions that are much worse than anything found in the UK. He will likely find himself in a high-security prison in a cramped cell with gang members, drug dealers and murderers. Take the example of the NatWest Three. They were investigated by the UK authorities in 2001 for financial crimes. The alleged offences took place in London, while the three were employed by a London-based company. After the Financial Services Authority and the Serious Fraud Office decided that there was no basis for a prosecution in the UK, the three were extradited to the US because the Justice Department believed their crimes contributed to the collapse of Enron.

The NatWest three have since written vivid accounts of their experience. As soon as they stepped off the plane in the US, before a trial had even begun, they were treated like convicted criminals. Handcuffed and frogmarched to the jail, they were treated with contempt by marshals and subjected to a comprehensive and intrusive full-body search. It highlighted the classic approach that US authorities take. They were told that if they pleaded not guilty, they would be denied bail and get 35 years in a high-security US prison, but if they pleaded guilty, they would get only three years, possibly serving some of it in a British jail. In the end, they were sentenced to 37 months in a Texas prison because they gave way to the pressure.

That is standard practice in the American system, which has a corrosive over-reliance on plea bargains. Ninety-seven per cent. of cases are settled by a plea bargain in the United States. In the US, mandatory sentencing means that it is the prosecutor who determines the sentence, not the judge, which allows the prosecutor to operate a sort of judicial blackmail. The US imprisons a higher proportion of its citizens than any other country in the world. There are many reasons for that, but no doubt the ferocious use of plea bargains is a major factor.

Once charges have been brought, and after Dr Lynch—if he is unfortunate to suffer this—has spent months in appalling conditions, prosecutors will almost certainly try to convince him to admit guilt to a lesser charge. They will promise a shorter sentence, some of which might be served in the UK, and they will remind him of the huge financial cost of a protracted and complex trial. If he refuses, he will face the prospect of a deliberately intimidating lengthy sentence, and the costs of the trial could run into millions. The rules are set up for him to fail. He will be told that he must run his defence from his own prison cell, where he can only have one ream of paper at a time.

To put that in perspective, Dr Lynch’s trial so far has cost £40 million and has involved over 11 million documents. The opening arguments alone were 1,067 pages and the closing arguments were 4,494 pages. One can easily see how someone in Dr Lynch’s position would be coerced into giving in and admitting guilt, irrespective of the facts. I would not call that a plea bargain; I would call that blackmail. This is nothing like normal British justice. It effectively turns the presumption of innocence into the presumption of guilt.

Mike Lynch could be arrested any day now and sent to the United States to go through this appalling ordeal, but I hope not. I hope that the Home Secretary will use every legal mechanism available to delay this extradition until the judge has made his decision in the civil trial. UK and European law guarantee a right to a fair trial. An extradition before a UK trial has concluded is incompatible with that right, as it pre-empts the judgment of the court. The Home Secretary should therefore delay the extradition on grounds of basic justice, just as my right hon. Friend the Member for Maidenhead (Mrs May) refused the extradition of Gary McKinnon on human rights grounds when she was Home Secretary in 2012. If the Home Secretary certifies the extradition request, it is out of her hands. If she holds off certification, we can let British justice take its course.

In the longer term, we need to take a fresh look at our extradition arrangements with the United States, particularly as we embark on a new trading relationship with them. In the next decade, Britain and the US will develop even closer commercial relationships. Businesses developed by brilliant British inventors will look to merge, co-operate, or sell to big US companies. If the current extradition treaty stands, every one of them could face American extraterritorial legal action and a legal system stacked against them. In the interests of both countries, this has to change. We need to find a way to rein in the US’s extraterritorial tendencies and ensure that our arrangements are fair, balanced and based on reciprocity.

The simplest way to do that is to change the British law to exactly mirror the American law—the Americans cannot possibly complain about that—and say that the Secretary of State “may” extradite, rather than “must”. If the American system insists on trying to exercise extraterritorial jurisdiction in the American interest, perhaps we should mimic Israel and refuse to extradite British citizens for anything other than serious crimes of violence and terrorism. We need to give British citizens, businessmen and entrepreneurs the protection, certainty and justice that they deserve.

Operation Midland Independent Report

Greg Hands Excerpts

Monday 7th October 2019 Commons Chamber

[Kit Malthouse]

I am sorry that the exigencies of operational independence, plus the fact that Mr Beech has lodged an appeal against his conviction, naturally limit what I am able to say, which may come as a disappointment to some of those against whom false allegations were made. However, on my right hon. Friend’s second point, as I said earlier, it is absolutely right that the House looks at how the protections, privileges and, indeed, power exercised by hon. Members on an almost daily basis are used responsibly by finding some mechanism to ensure that those who would seek to use them irresponsibly cannot do so.

[Greg Hands (Chelsea and Fulham) (Con)]

Of course, the immediate day-to-day responsibility for the Metropolitan police lies with the Mayor of London, as my hon. Friend perhaps knows better than anybody. The Mayor of London, as we know, is normally very vocal about pretty much anything that is not in his portfolio, but this is very much within his portfolio of interests. Does my hon. Friend share my surprise that the Mayor of London has neither accepted nor even responded to the important recommendations in this report?

[Kit Malthouse]

Given my previous position at city hall, with responsibility for the Metropolitan police, I have been surprised at the lack of reaction from the primary accountability body for the Metropolitan police. I would certainly urge the Mayor and his deputy mayor for policing and crime to take a much more proactive and vigorous approach to making sure that this sort of thing never happens again.

Oral Answers to Questions

Greg Hands Excerpts

Monday 1st April 2019 Commons Chamber

[Greg Hands (Chelsea and Fulham) (Con)]

Can we do more to help victims of car theft? My constituent Linford Haggie faced an extraordinary situation where his car was stolen, and the police told him he could retrieve it, but because the car had been kept to gather evidence and forensics, he had to pay a £150 release charge plus £20 a day for storage. Surely we should not be penalising victims of crime in that way.

[Mr Hurd]

I understand the point that my right hon. Friend makes. We are concerned about the increase in vehicle crime. That is why I have convened a taskforce to bring everyone together to look at it. There are costs that need to be recouped, but he raises a serious point, and we have agreed to look at that again.

Knife Crime

Greg Hands Excerpts

Monday 4th March 2019 Commons Chamber

[Sajid Javid]

I mentioned earlier that serious violence and the priority of tackling it was discussed in Cabinet in the past few weeks, and the matter is being taken seriously in every Department. The Department of Health and Social Care is key if the public health approach that I have talked about is to be success.

[Greg Hands (Chelsea and Fulham) (Con)]

The impact of knife crime across London has been horrific in recent months, but has the Home Secretary seen the recent extraordinary comments from the Mayor of London? He said that it would take him 10 years to deal with the London knife crime epidemic—longer than anybody has served as Mayor—yet his website says that he has responsibility for the “totality of policing” in London. My constituents and other Londoners will not wait 10 years, so what discussions has the Home Secretary had with the Mayor of London?

[Sajid Javid]

The Mayor of London is an important partner in this, and he is a member of the serious violence taskforce. We do not have 10 years to deal with this, of course not. There are certain things that will take time, but there are also things that could be done that would have a much more immediate impact, such as some of the legal changes that will be brought in by the Offensive Weapons Bill. My right hon. Friend highlights the need to work together in partnership.

Stop and Search

Greg Hands Excerpts

Monday 12th November 2018 Commons Chamber

[Mr Hurd]

I can certainly assure the right hon. Gentleman—and former colleague—that policy making in Government will, as ever, be evidence led. As and when we have taken decisions on what we would like to do, we will engage fully on that, including with Parliament.

[Greg Hands (Chelsea and Fulham) (Con)]

One way to make more officers available for stop and search would be to bear down on bureaucracy in policing, especially in London. Does my right hon. Friend share my concern about the expansion of Mayor Khan’s Mayor’s Office for Policing and Crime—MOPAC—from £36 million in its last year under my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) to £61 million today? That is a 70% increase in just two years on police bureaucracy, which would pay for 233 extra officers in London able to carry out stop and search.

[Mr Hurd]

As a fellow London MP, representing constituents in Ruislip, Northwood and Pinner, I have a personal view on this which I think is reflected by my constituents. Given a choice between £1 of their money being spent on more bureaucracy in the centre and £1 being spent on local police officers, we both know what their priority would be. It is for the Mayor and his office to explain to the public they serve their decisions and the allocation of their budgets at this time.

Leaving the EU: Rights of EU Citizens

Greg Hands Excerpts

Monday 5th November 2018 Commons Chamber

[Caroline Nokes]

The hon. Gentleman is right. Citizens need clarity, and that is why this Government have set it out, not only in the citizens’ rights agreement but in the settled status scheme, which, as I have said, is now open in one of its private beta testing phases. Phase 1 went very well, and phase 2 is now under way. After a firebreak over Christmas, we will be opening it up in phase 3. To me, it is obvious that the best solution is to ensure that these rights are enshrined in UK immigration law, which is what we are going to do.

[Greg Hands (Chelsea and Fulham) (Con)]

My right hon. Friend will know that around one in seven of my constituents are EU nationals. That is possibly the highest proportion in the country. In my experience, most of them are very appreciative of the guarantees given by the Government so far. Nevertheless, most of them had no reasonable expectation that they would ever have to clarify their immigration status. Will my right hon. Friend make it clear that we will treat those cases sensitively and individually? I have quite a few cases involving people who have been here for perhaps 20 years and have strong roots in this country, but who have spent some time abroad during the past five years, for example.

[Caroline Nokes]

UK Visas and Immigration is already on-boarding significantly increased numbers of caseworkers for the European Economic Area casework that will flow through from the settled status scheme. It is important that individuals are given as easy a journey as possible through the process and, to date, 95% of those who have completed the settled status process have found it easy to do so. My right hon. Friend makes an important point, however. We want to be in a position to support individuals through the process, and to have a “computer says yes” attitude rather than a “computer says no” attitude. People will only have to demonstrate that they have been in the UK, which will in many cases be done best by sharing HMRC records with the Home Office.

Oral Answers to Questions

Greg Hands Excerpts

Monday 29th October 2018 Commons Chamber

[Sajid Javid]

If the hon. Lady would care to write to me, I will look closely at the case that she has mentioned.

[Greg Hands (Chelsea and Fulham) (Con)]

Next March will see the 40th anniversary of the brutal assassination of Airey Neave on these premises. Airey Neave’s family, my constituents, are seeking more information about the circumstances of the murder. I have been told that my questions on this have been transferred from the Northern Ireland Office to the Home Office. Will my right hon. Friend the Home Secretary agree to meet me and Airey Neave’s family to discuss how they can get answers on how and why Airey Neave was murdered 40 years ago?

[Sajid Javid]

Yes, I will.

Socio-economic Equality Duty

Greg Hands Excerpts

Thursday 18th November 2010 Commons Chamber

[Lynne Featherstone]

I think the hon. Lady misheard. I did not say that. I said that if we want to make a difference with substantive legislation, we should introduce it. I have already said that the Equality Act 2010 is substantive legislation, but that duty is a little bit of it that is not substantive.

[Greg Hands (Chelsea and Fulham) (Con)]

My hon. Friend is right to focus on specific measures. Does she therefore agree that it would be better to enact practical measures such as the right to request flexible working?

[Lynne Featherstone]

Yes, obviously.