My Lords, I beg leave to move Amendment 4 and will speak to my Amendments 11, 11A and 11C.
Amendment 4 would insert into the criteria for a certificate under new Section 74B that the designated authority is
“satisfied that the request is not politically motivated.”
This takes us back to our first debate and is intended to probe how the propriety of requests is dealt with. We already have new Section 74B(1)(d), which says that the authority
“is satisfied that the seriousness of the conduct constituting the offence makes it appropriate to issue the certificate.”
I am not sure quite what that paragraph means. What is “appropriate”? It may go only to the offence for which the possible sentence meets the threshold. What is the seriousness of conduct constituting the offence? How does one assess the conduct as distinct from the offence as it is legally defined in the country in question? I am quite prepared for the Minister to tell me that this is in the 2003 Act and that there is case law on it. I will wait and see.
Amendment 11 would amend new Section 74C, which concerns the validity of requests, including from the requesting authority. The designated authority —in our case, the NCA—must believe that the authority in the other state has the function of making these requests. As my explanatory statement says:
“The amendment is to probe whether the designated authority should rely on a request if there is any doubt as to whether the requesting authority has this function,”.
The word “believes” made me hesitate over this provision.
Amendment 11A would provide that, where someone has been discharged, the person should not be arrested again in reliance on the same certificate. There should be a further certificate. I am not sure that we have the amendment in quite the right place. However, it seemed worth raising the issues of concern to the organisation Justice, which has been following—and, in some cases, leading us on—the proceedings on the Bill. It is concerned
about it being quite wrong for there to be a new power in respect of the same extradition request should the designated authority issue a fresh certificate. Justice understands that the Government do not intend for fresh certificates to be issued where the first has been produced incorrectly and that this would be a matter for judicial scrutiny. I am again grateful to the Minister for having a word with me about this. I hope she will put on record what I know to be the Government’s position on this.
Amendment 11C would provide for
“the affirmative procedure for regulations to designate the ‘designated authority’.”
We have been told that the designated authority will be the National Crime Agency, although it is not specified in the Bill. Given that reorganisations in the police service are not that unusual, I understand why one might need the opportunity to change the reference. There is clearly concern about ensuring that a future designated authority has the requisite expertise, as there is in the service at the moment. It would therefore be appropriate to use that procedure. I beg to move.
2.45 pm