My Lords, Amendment 2 in my name would insert the new subsection as detailed in the Marshalled List. The amendment requires certain conditions to have been met before the Secretary of State can make a regulation under new subsection (7) to either add, remove or vary a reference to a territory. This proposal is both reasonable and proportionate and should present no problem to the Government. It should be accepted willingly today.
It is important to note that nothing in my amendment stops the Government doing what they want to do. It goes through a process; that is all—a process of consultation and assessment. Where the proposal is to add a territory, it requires a statement confirming that the territory does not abuse the Interpol red notice system. The first part of the amendment places a requirement on the Secretary of State to consult on the merits of the change. There are two groups in the consultation proposed here: first, the devolved institutions, which can be a source of valuable information relevant to changes being proposed, and, secondly, non-governmental organisations which in the opinion of the Secretary of State have a relevant interest. Discretion is given to the Secretary of State here but, equally, the Secretary of State has to act reasonably. They will not be able to get out of consulting appropriate organisations; they will get themselves into all sorts of difficulties if they attempt to do otherwise.
My amendment requires that, after the consultation, an assessment be laid before Parliament of the risks of the proposed changes and, finally, that where the proposal is to add at a territory, the territory does not abuse the Interpol red notice system. There is considerable evidence that some jurisdictions abuse that system. I hope that we would not want to deal with such countries on future extradition agreements. I know that a number of my noble friends will shortly speak specifically about abuse of the Interpol red notice system. I beg to move.