Foreign Fighters and the Death Penalty Debate

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Department: Home Office

Foreign Fighters and the Death Penalty

Joanna Cherry Excerpts
Monday 23rd July 2018

(5 years, 9 months ago)

Commons Chamber
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Ben Wallace Portrait Mr Wallace
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I hear my right hon. Friend. I do not believe it is necessary or right to withdraw from the European convention on human rights. I believe it is incredibly important that we all follow the rule of law—both our obligations under the ECHR and United Kingdom law—and that is what we have done in this case. Where we have gaps in our statute book, we are seeking to fill them. The Counter-Terrorism and Border Security Bill is passing through this House to make it easier to prosecute and to ensure we are able to do so, and it includes changes to extraterritorial legislation so that our offences reach such places. In this case, however, it was decided—because of the horrendous crimes being alleged, with victims on both sides of the Atlantic—that it was important to seek the most appropriate jurisdiction. When the request came in for sharing the evidence, this Government took the decision, rare as it is, to share that evidence without seeking assurances.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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It goes without saying that we all condemn terrorism and that we all believe terrorists should be brought to justice, and it really is not good enough for the Minister to imply that any of us in the House is against terrorists being brought to justice. The issue is why and in what circumstances the UK Government are departing from their long-standing policy of opposing the death penalty “in all circumstances”. In using those words, I am reading from the UK Government’s death penalty strategy. Curiously, it was not of course renewed when it was due for renewal in 2016, so will the Minister tell us when it will be renewed?

Not only Members of Parliament but the public are getting increasingly frustrated by the failure of Ministers in this Government to answer questions at the Dispatch Box. I will give him another chance: what are the strong reasons that the Home Secretary says exist for departing from the policy? I have another question for him: what requests were made by the Trump Administration with regard to the waiver of our long-standing policy? Was the decision to waive our long-standing policy on the death penalty signed off by the Prime Minister, and will the Minister tell us whether the waiver will happen only in relation to the United States, or will it happen in relation to other countries and allies, such as Saudi Arabia?

Ben Wallace Portrait Mr Wallace
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The hon. and learned Lady is a wise and knowledgeable barrister in her own right, and she will know that coming to this House to discuss individual cases that are subject to ongoing investigations does two things: it puts the investigation and the potential to bring charges at risk; and it could undermine the likelihood of those individuals getting a fair trial if we comment on it. I am sure that she, as a student of justice, would not wish that to happen. I will therefore not comment further on the cases involving these individuals. As we have said, it is incredibly rare in the first place that such issues are brought to the House or discussed in it.

There was no request from the US Administration for us to vary our assurances. That decision was taken within the United Kingdom by Ministers, and the Prime Minister was aware of that decision.