Draft Extradition Act 2003 (Amendments to Designations) Order 2020

James Brokenshire Excerpts

Monday 2nd March 2020 General Committees

[The Chair]

I call the Minister, and I wish Members a happy St David’s day for yesterday.

[The Minister for Security (James Brokenshire)]

I beg to move,

That the Committee has considered the draft Extradition Act 2003 (Amendments to Designations) Order 2020.

Thank you, Mr Davies, and a happy St David’s day for yesterday to you too. It is a pleasure to serve under your chairmanship and to move the draft order. The order is required for the UK to fulfil its obligations under bilateral extradition treaties with Kuwait and Morocco and an extradition agreement between the European Union, Norway and Iceland, to which the UK is party during the transition period. I shall explain in a little more detail why the changes are being brought in at this time and the effect that they will have on our extradition arrangements.

First, the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 will replace the current designation of Norway and Iceland as part 2 territories based on the European convention on extradition. It will make clear that Norway and Iceland will become territories designated under part 1 of the Extradition Act 2003, based on the surrender agreement between the EU, Norway and Iceland, which entered into force on 1 November 2019. The agreement facilitates the exchange of warrants between judicial authorities, which are executed through a simplified system based on judicial decisions. Norway and Iceland will therefore be treated in a similar way to EU countries for the purposes of extradition. However, there are some differences—notably, parties can refuse to extradite their own nationals and can refuse extradition on the basis that the offence concerned is political. The agreement also allows parties to require that the relevant offence is an offence in both the requesting and the requested country—a rule known as dual criminality.

As the Committee is aware, during the transition period, the EU justice and home affairs tools that the UK has opted into, including this agreement, will continue to apply. The legislation will ensure that there is no disparity between our international obligations and domestic law, which could result in legal uncertainty and impunity for wanted fugitives.

The second part of the order will implement the extradition treaties concluded between the UK and Morocco in 2013 and the UK and Kuwait in 2016. The designation of these countries under part 2 of the 2003 Act will allow the UK to process extradition requests from Kuwait and Morocco in line with the obligations in the treaties. Both treaties set out a timeframe in which a full extradition request must be provided to the UK by Kuwait and Morocco when an individual has been arrested on a provisional arrest warrant.

The order therefore ensures that that is reflected in our legislation, by setting out that, in the case of Kuwait and Morocco, the judge must receive the papers within 65 days of the person’s provisional arrest, in line with standard practice. That will allow for the countries to provide the request to the Secretary of State within 60 days, as the treaty provides for, and for the Secretary of State to have five days to certify the request and send it to the appropriate judge. Once the designations have been made, the Kuwait and Morocco treaties will be ratified. Morocco and Kuwait are both important partners for the UK, and the treaties will enhance our ability to work in close co-operation with both on important issues.

The introduction of the formal bilateral basis for extradition for conduct covered by the treaties will lead to a more efficient and effective process for extradition between the UK and respective countries. I urge the Committee to consider favourably the amendments made by the statutory instrument, to ensure that the United Kingdom can comply with its obligations under the relevant international extradition arrangements.

When considering any request for extradition, our arrangements are balanced by provisions in the 2003 Act, which serve to protect an individual’s rights where extradition is not compatible with our law. We must remember that extradition is a valuable tool in combating cross-border crime. Offenders should not be able to escape justice simply by crossing international borders; no one should be beyond the reach of the law. Having efficient extradition arrangements that are clear and effective is vital for safeguarding our security and preventing fugitives from escaping justice. I commend the order to the Committee.

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[James Brokenshire]

I will respond briefly to the points that have been made. Equally, I welcome the support for the order.

The hon. Member for Torfaen raised the issue of our future relations in discussions regarding the position post-transition. Equally, he made reference to the negotiating mandate that has recently been published. I stress to the Committee that the safety and security of our citizens is the Government’s top priority, and we stand ready to discuss an agreement on law enforcement and criminal justice co-operation in criminal matters. That agreement should equip our operational partners—the police and other law enforcement agencies—on both sides with the capabilities that help to protect citizens and bring criminals to justice, promoting the security of all our citizens. The hon. Member made reference to the negotiating mandate. That does underline that, although we do not intend to participate in the European arrest warrant, the agreement should provide for fast-track extradition arrangements with appropriate further safeguards for individuals.

The hon. Member asked what precedents we can point to. The order indicates that it is possible to create fast-track arrangements in the way that Norway and Iceland have. We go into these discussions in an even-minded fashion, as a shared endeavour and with a shared desire to have a system that works well, but, clearly, with the issues that we have set out in the negotiating mandate.

[Nick Thomas-Symonds]

What does the Minister believe is defective about the European arrest warrant arrangement?

[James Brokenshire]

It is important to understand that we will be in a fundamentally different relationship with the European Union, and that is the approach to the negotiations that we rightly take. We are seeking to enshrine further important safeguards in our extradition arrangements, including the ability for a judge in the UK to dismiss a warrant from an EU member state on the basis of proportionality, for example, or if there has not yet been a decision to charge and try the wanted person.

Judges will also be required to establish that the offence is also an offence in the UK—that is, the dual criminality issue. The order refers to Norway and Iceland having negotiated those arrangements with the EU, which underlines that doing so is entirely possible and practical. Indeed, on the issue of the EU court, Norway and Iceland have sought to manage that and to find a resolution in terms of dealing with disputes that does not take that into account. Therefore, the order practically underlines the way in which we should be positive about what can be secured through these negotiations.

The hon. Member has rightly highlighted concerns about human rights—an issue that he raised specifically in relation to Kuwait. I can categorically confirm the opposition of the UK to the death penalty in all circumstances as a matter of principle. The death penalty undermines human dignity, and any miscarriages of justice are, by their nature, irreparable. The Extradition Act is clear: an individual cannot be extradited if

“he could be, will be or has been sentenced to death”.

It is important to underline that. The hon. Member may know that, under the category 2 process, which Kuwait and Morocco would fall within, there has to be satisfaction in relation to that point. If the individual

“could be, will be or has been sentenced to death”,

that bar clearly exists, unless there is an “adequate” assurance that

“a sentence of death—(a) will not be imposed, or (b) will not be carried out”.

That is understood in how this issue is approached.

To highlight some broader human rights issues, I reassure the Committee that, although this is not linked explicitly to the treaty, we have a regular dialogue with Kuwait, including about fair, open and transparent systems and the rule of law. Those are things that we in this country hold dear, and we will continue to underline their significance to our friends, allies and partners. Our ambassador and our Ministers regularly raise the issue of human rights with their Kuwaiti counterparts.

[Nick Thomas-Symonds]

On the subject of the Government’s commitment to human rights, can the Minister confirm that it is the Government’s policy to remain signatories to the European convention on human rights?

[James Brokenshire]

It is beyond a certainty that we are members of the European convention on human rights, which is a separate legal jurisdiction. Sometimes people conflate what is EU law and what is ECHR law, but, obviously, while we leave the European Union, we firmly remain subject to the jurisdiction of the European Court of Human Rights.

With those assurances, I will draw my comments to a close and seek the Committee’s approval for the order.

Question put and agreed to.

Prevention and Suppression of Terrorism

James Brokenshire Excerpts

Wednesday 26th February 2020 Commons Chamber

[The Minister of State, Home Department (James Brokenshire)]

I beg to move,

That the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2020, which was laid before this House on 24 February, be approved.

The people of the United Kingdom continue to live under the threat of terrorist violence. None of us has forgotten the terrible tragedy at London Bridge last November or the attack in Streatham less than four weeks ago. I would like once again to pay tribute to the police, emergency services and members of the public, whose swift action and selfless bravery prevented further loss of life. Those are only the most recent incidents in a string of attacks that have repeatedly shocked the country in recent years, but the fortitude of the British people and their refusal to be cowed or intimidated has made it clear to those responsible that they can never win.

The most recent attackers in this country had been radicalised and motivated by a dangerous perversion of the Islamic faith, but as the appalling murder of nine innocent people in the German city of Hanau has shown, no ideology has a monopoly on hatred. The visceral racism of the extreme right is just as likely to inspire terrorism as any religious fanaticism. We have a duty to our allies, as well as to our own people, to tackle those groups that inspire and co-ordinate international terror.

Some 75 international terrorist organisations are currently proscribed under the Terrorism Act 2000. Thanks to our security and intelligence services, most of those groups have never carried out a successful attack on UK soil. Proscription is a vital tool to disrupt terrorist networks and bring those who support them to justice. Once proscribed, an organisation is outlawed and unable to operate in the UK. It becomes a criminal offence to be a member, to support them or to encourage the support of others. Proscription makes it harder for banned groups to fundraise and recruit members. Their assets can become subject to seizure as terrorist property, and those linked to them may be excluded from the UK using immigration powers.

Today’s order makes certain changes to the list of proscribed groups under the Terrorism Act 2000. First, it adds a new group, Sonnenkrieg Division or SKD. This is a white supremacist group formed in March 2018 as a splinter group of System Resistance Network, itself an alias of the proscribed group National Action. Members of SKD were convicted of encouraging terrorism and possession of documents useful to a terrorist in June 2019. The group has encouraged and glorified acts of terrorism via its online posts and images. It has also issued home-made propaganda using Nazi imagery, calling for attacks on minorities. The images can reasonably be taken as implying that these acts should be emulated, and therefore amount to the unlawful glorification of terrorism. SKD is the second right-wing group to be proscribed in the United Kingdom.

This order also seeks to add two more names to the list, as aliases of the PKK, an armed separatist group that advocates an independent Kurdish state in south- east Turkey. The TAK—from the Kurdish for Kurdistan Freedom Hawks—has been proscribed as a terrorist organisation in its own right since July 2006. Although it presents itself as a breakaway faction of the PKK, the Government now understand it to be an alias of that group. The same goes for the HPG, another PKK alias that is not currently recognised as such in the UK. Amending the PKK listing to include both TAK and HPG as its aliases will send a clear message that the UK recognises the ongoing threat that the PKK poses, and that we will never be a haven for international terrorism.

By way of separate order under the negative resolution procedure, we have also updated the Act to include System Resistance Network or SRN as an alias of the proscribed group National Action. National Action is a neo-Nazi group that was established in 2013. It has a number of branches across the UK that conduct provocative street demonstrations and stunts aimed at intimidating minority communities. Its activities and propaganda materials are particularly aimed at recruiting and indoctrinating young people. The group is virulently racist, antisemitic and homophobic. Its ideology promotes the idea that Britain will inevitably see a violent race war, of which the group claims it will be an active part. The group rejects democracy, is hostile to the British state and seeks to divide society.

In 2016, National Action was assessed to be concerned in terrorism, and became the first right-wing terrorist group to be proscribed in the UK. The group’s online propaganda material, disseminated via social media, frequently features extremely violent imagery and language. National Action also promoted and encouraged acts of terrorism following the tragic murder of our colleague Jo Cox, condoning and glorifying those who have used extreme violence for political or ideological ends.

It is right that we take the threat of the extreme far right seriously. That is why the 2011 Prevent strategy explicitly discusses the threat of extreme right-wing terrorism and our 2015 counter-extremism strategy sets out how we will challenge extremism in all its forms, including from far-right racist beliefs. Since the proscription of National Action and its aliases, 27 individuals have been arrested on suspicion of being a member of the group, 15 of whom have been charged with terrorism offences. Since March 2017, our security and intelligence services have disrupted no fewer than eight major right-wing terrorist plots and our Channel programme seeks to safeguard people who are vulnerable to radicalisation from the far right. Of the 561 individuals who were adopted to a local Channel panel last year, 45% were referred for concerns related to right-wing terrorism. Of course, our police forces are making full use of public order powers to disrupt far-right demonstrations and organised intimidations.

The proscriptions that have been laid before the House are a key part of our strategy. Terrorist organisations are seeking to change their names, hiding behind aliases to avoid detection and prosecution. They seek to circumvent our robust anti-terror laws so that they can continue to spread hatred and inspire violence. It is vital that the Government’s counter-extremism strategy challenges extremism in all its forms—violent and non-violent, Islamist and neo-Nazi—and it does, and will continue to do so. We will not tolerate any groups who spread hate by demonising those of other faiths or ethnicities, and who deliberately raise community fears and tensions by bringing disorder and violence to our communities. As the threat posed by these groups continues to evolve, so will our response to them. These proscriptions are part of that evolution, and I urge hon. and right hon. Members on both sides of the House to join me in supporting them today.

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[Jim Shannon (Strangford) (DUP)]

First, I thank the Minister for bringing this order to the House, which is really important. There is rightly a focus on ISIS terrorism here in the United Kingdom, on the mainland, but there is also a rise in right-wing terrorism. He mentioned the attacks in Germany, but here on the UK mainland, there are indications of a rise in right-wing extremism. These groups may masquerade as different organisations and try to transform or transmute into something else, and the proscription of the SKD is very important. Has the Minister, or perhaps the Minister for Crime and Policing, had an opportunity to have talks with the Police Service of Northern Ireland? It is a yes/no question; we do not need the detail.

[James Brokenshire]

I look forward to maintaining the contact with the PSNI that I enjoyed while holding other responsibilities, and I know the importance of focusing on security in Northern Ireland. Equally, I will take this opportunity to underline, in relation to the prevention work for those involved in terrorism, that we are committed to the independent review of Prevent, and this important work will go ahead. We will be running a full and open recruitment process to appoint the next reviewer, and further details will be announced shortly.

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[Jim Shannon]

Yes, I wholeheartedly agree. I think there probably is a method in place for doing that already. I believe there is—I know it is done in different ways in this House and outside this House—and I know that the Minister’s role as a former Secretary of State for Northern Ireland gives him a real insight into what happens in Northern Ireland.

I wanted to ask that question because my understanding is that there is a growth in right-wing extremism in the Province, probably masquerading under the proscribed organisations already there. I know it is very important, so could I, for the record, gently refer to the IRA dissident threat? It is still very clearly there for police officers and prison officers, with booby-traps under their cars. A large bomb, destined for the Larne ferry, was found and thwarted by the police and intelligence officers—and a real biggie that would have been for the IRA. Again, however, it shows that police forces are on top of that. It is very clear to me that this is a salient reminder that IRA terrorists and IRA dissidents in particular are just as dangerous in the United Kingdom, as indeed are ISIS terrorists.

The Minister referred to going for the assets. I welcome his comment, but could we have a bit more detail, if possible, for the record? It is so important that the assets of such organisations are targeted and focused on in order to take away the money and the opportunity that they quite clearly have. In Northern Ireland, paramilitary groups are involved in drug dealing, trafficking, protection rackets and all of those things. Again, I understand that the close contacts between paramilitary and right-wing organisations in Northern Ireland and those on the mainland involve all the spheres of fundraising that they are trying to use.

[James Brokenshire]

I can absolutely give the hon. Gentleman reassurance on the issue of tracking terrorists’ finance and assets. Proscription actually aids this, which is why we have brought this order before the House today.

I just want to assure the hon. Member for Feltham and Heston (Seema Malhotra) that my door is open to all Members across the House on issues relating to how we can brief and give updates. I very much remain open to all colleagues who wish to come and talk to me and, if they have concerns, to draw them to my attention.

[Jim Shannon]

Again, I thank the Minister for the confirmation he has given.

I have one wee thing to say on the assets issue. Very often, paramilitary groups or criminal groups turn some of their ill-gotten gains and money into businesses that are legitimate, and they may even pay tax. However, the issue of the moneys to create those assets and those money-making opportunities needs to be addressed. For a company taking on the assets, if we destroy the money-making capabilities, we destroy the organisation that is trying to succeed.

I want to raise a last point with the Minister in relation to the contact he has very clearly said he has with the PSNI. May I ask what contact there has been with the Garda Síochána? I am ever mindful that the person in charge down there is a former police officer from the PSNI, with a good pedigree, and I think the relationship should be strong. Again, would the Minister confirm that that is the situation?

[James Brokenshire]

Briefly, I can assure the hon. Gentleman that we maintain very close contacts with a number of our security partners. Obviously, as he will understand, I will not go that in any detail, but I do recognise the point he makes.

[Jim Shannon]

I really welcome what the Minister has put forward tonight, and I am reassured by what he has said. For us back home in Northern Ireland, including in my constituency, and all the other people across the world who wish to build a future that is free of terrorism, the comments the Minister has made are reassuring. They reassure me personally, and I hope they reassure my constituents as well.

Question put and agreed to.