Clause 21 - Human rights

Part of Extradition Bill – in a Public Bill Committee am 10:00 am ar 14 Ionawr 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Nick Hawkins Mr Nick Hawkins Ceidwadwyr, Surrey Heath 10:00, 14 Ionawr 2003

I beg to move amendment No. 99, in

clause 21, page 9, line 20, after 'decide', insert

', on the evidence before him and on the evidence of his own personal knowledge or based on his own enquiries,'.

Once again, I can be brief with another amendment suggested by the Law Society of England and Wales, which the Liberal Democrats also support.

The amendment is designed to ensure that the judiciary, or any judge hearing the proceedings, is fully satisfied about the operation and application of the Human Rights Act. The Law Society believes in placing a positive obligation on the judiciary to make inquiries into any breach of a suspect's rights if extradition takes place. Will the Minister confirm that the clause will allow a court to take into account various proportionality arguments, such as extreme compassionate circumstances, triviality or unreasonable delays—for example, the de minimis provisions mentioned by the Minister and the hon. Member for Torridge and West Devon a short while ago? I am not suggesting that the wording is perfect, but I hope that the Minister will take the amendment seriously in the spirit with which it was introduced.