(LD):...It is
important to have as much transparency and availability of
information as possible on how the recipient of the notice treats
its subject, which is why the involvement of the judiciary at a
later stage has such importance, and on how the NCA or any other
designated authority triages the information—we seem to have
adopted that term...
...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...
...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.
The Minister of State, Home Office ()
(Con):...Amendment 2 requests the publication of an annual
statement on arrests. The NCA already keeps data and publishes
statistics around arrest volumes in relation to Part 1 of the
Extradition Act. It does it without being required to do so by
primary legislation. We have no doubt that it will similarly do so
in respect of arrests under this new arrest power, as this is a
sensible operational practice. I have sympathy for the amendment,
so I have asked officials to look at how we can give the noble
Lord, Lord Kennedy, some reassurance. I hope he will accept that I
will liaise with him between now and Report.
I am not persuaded that the either the Secretary of State or the
NCA require a statutory obligation to take these steps. I hope I
have been able to persuade the noble Lord not to press his
amendments, but we will have further discussions between now and
Report..
(Lab
Co-op):...Amendment 5 in this group is in my name. It would simply
put National Crime Agency into the Bill.
Throughout the Bill, there are references to the “designated
authority”, but there is no mention of a specific agency. I am sure
that the Minister will set out why the Bill is framed in that way
and I look forward to that explanation...
The Minister of State, Home Office ()
(Con):...Amendment 4 proposes a new criterion for
certification. This would require the designated authority to be
satisfied that the request is not politically motivated. Making
consideration of political motivation a precondition of
certification for the designated authority would reverse the
present position for arrests under the Extradition Act 2003.
Presently, the courts are required to consider during the
substantive extradition hearing whether any of the statutory bars
to extradition apply. These statutory bars include whether the
request for extradition is made for the purpose of prosecuting or
punishing an individual on account of their political opinions—that
comes under Section 81 of the Extradition Act 2003. The
Government’s position remains that it is right that the judge
considers these points based on all the evidence before him or her
during the substantive hearing and not the NCA prior to arrest. It
is the judge who is ultimately accountable...
...I turn now to Amendment 5, which seeks to define the designated
authority as the National Crime Agency in the Bill.
Our approach here mirrors that of the designation of the authority
responsible for certification of European arrest warrants under
Part 1 of the Act. The Government consider that the designation of
the authority responsible for issuing a certificate is an
appropriate matter to be left to secondary legislation. A
regulation-making power affords the appropriate degree of
flexibility to amend the designated authority in light of changing
circumstances, including alterations to the functions of law
enforcement bodies in the UK. To future-proof the legislation, the
Government believe that the current drafting leaves an appropriate
amount of flexibility. As I said, the Government’s intention is
initially to designate the NCA, which is the UK’s national central
bureau for Interpol, as the designated authority. I hope I have
persuaded the noble Lord that we have got the balance right and
that he will be content not to press his
amendment...
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