Police and Justice Bill

My Lords, it really depends on when they went, what they did and whether the provisions under the Good Friday agreement apply to them. The Senate’s advice and consent to the treaty was subject to a resolution regarding the situation in Northern Ireland. The UK Government have already stated—in September 2000—that they will no longer pursue the extradition of individuals who, if they were to return to Northern Ireland, would now be eligible for early release under the terms of the Good Friday agreement scheme and who would, on making a successful application to the Sentence Review Commission, have little if any of their original prison sentence left to serve. The resolution to which the Senate’s consent to the treaty was subject is non-binding and was intended to reassure Senators that the treaty would be implemented in accordance with the US law and constitution and in compliance with the Good Friday agreement. I am sure that nobody in this House would wish us to set back the position of Northern Ireland to where it was before that agreement. We are moving forward, and that which we commit this country to do will be consistent with that and not undermine it. I am sure that the noble Lord, Lord Tebbit, would not wish to undermine the new arrangements that we have in Northern Ireland, which are likely to bring peaceand tranquillity to that Province for the first time in many a year. So, we have the situation in relation to the past. As regards the forum, I just say that we do not agree that this treaty jeopardises the rights of citizens of this country. I have tried to make it absolutely clear in the assurances that I have given to the House that if our prosecutors come to the conclusion that the facts complained of are wholly or substantially in this country, that the links are minimal and that most of the events took place in the United Kingdom, it will be their decision whether to prosecute in this country, and theirs alone. If at any stage, once an extradition application has been made, we reach the conclusion that this case would be better tried in this country, that we should prosecute those facts and that it would be in the interests of justice so to do, I assure this House that our prosecutors will decide to do that. It is our right and our duty to do that if we reach that conclusion. Nothing that happens in this treaty or this Act prevents us from so doing. Your Lordships should be aware that my noble and learned friend the Attorney-General is absolutely seized of this matter; he understands the concerns of this House and the importance that we place on prosecuting matters in this country if it is right todo so. I give that assurance to help the House to appreciate that we understand the anxiety that has been expressed and that we will do everything that we can to address the issue. This treaty inures to our advantage, and I am surprised to hear the noble Lord, Lord Kingsland, say that this is a bad treaty and should never be signed, because when I previously asked whether Her Majesty’s loyal Opposition wanted the treaty, the answer was yes, they did. I understand why they want this treaty. They want the treaty for the same reasons as we do: we want justice for victims; we want fairness; and we want to be able to prosecute those who should properly be prosecuted in the correct jurisdiction.