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Type
House
Session
2009-10 (10)
Year
Department
Member
Primary member
Answering member
Johnson, Alan (10)
More
Legislative stage
Legislation
Subject
Publisher
I do not believe there is a case for looking at this in the context of a completely separate review of the treaty. We have a situation where a number of crimes are committed in the UK and we have another crime—a terrorist offence—committed against the US from someone in the UK, a British citizen, who did not leave this country at all. It is a question of what the prosecuting authorities decide in this case. Let me quote to the hon. Gentleman, because it is relevant to this issue, what Lord Justice Burnton said in the High Court in July about this particular offence. I think that it would apply to other offences where a crime is committed in another country over the internet. He said of Gary McKinnon:""It is true that the Claimant's offending conduct took place in this country. However, it was directed at the USA, and at computers in the USA; the information he accessed or could have accessed was US information; its confidentiality and sensitivity were American; and any damage that was inflicted was in the USA. The witnesses who can address the damage done by his offences are in America. Moreover, because the information was sensitive, it would be far more difficult for it to be put before a judge in this country than before a US judge"."
I believe that the legal profession is quite capable of deciding—to use the terminology—the forum in which any of these allegations should be prosecuted.
I do not believe there is a case for looking at this in the context of a completely separate review of the treaty. We have a situation where a number of crimes are committed in the UK and we have another crime—a terrorist offence—committed against the US from someone in the UK, a British citizen, who did not leave this country at all. It is a question of what the prosecuting authorities decide in this case. Let me quote to the hon. Gentleman, because it is relevant to this issue, what Lord Justice Burnton said in the High Court in July about this particular offence. I think that it would apply to other offences where a crime is committed in another country over the internet. He said of Gary McKinnon:""It is true that the Claimant's offending conduct took place in this country. However, it was directed at the USA, and at computers in the USA; the information he accessed or could have accessed was US information; its confidentiality and sensitivity were American; and any damage that was inflicted was in the USA. The witnesses who can address the damage done by his offences are in America. Moreover, because the information was sensitive, it would be far more difficult for it to be put before a judge in this country than before a US judge"."
I believe that the legal profession is quite capable of deciding—to use the terminology—the forum in which any of these allegations should be prosecuted.
Answered by
Alan Johnson
(Labour)
Asked by
Crispin Blunt
(Conservative)
Answering body
Home Office
Type
Oral answers to questions
With the increase in cybercrime and the consequential complexities in international jurisdiction, what consideration has the Home Secretary given to cybercrimes committed and originated in the United Kingdom being appropriate for extradition?
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c628
Chamber / Committee
House of Commons chamber
House
House of Commons
The UK keeps all its extradition treaties under scrutiny. The Government's view is that the UK-US treaty is working well.
The UK keeps all its extradition treaties under scrutiny. The Government's view is that the UK-US treaty is working well.
Answered by
Alan Johnson
(Labour)
Asked by
Danny Alexander
(Liberal Democrat)
Answering body
Home Office
Type
Oral answers to questions
What recent assessment he has made of the effectiveness of the operation of the provisions of the US-UK extradition treaty.
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c627
Chamber / Committee
House of Commons chamber
House
House of Commons
The issue regarding extradition begins with the courts. It is the courts that decide: the district court, the High Court, the House of Lords and the European Court of Human Rights, all of which have been open—and are still open—to Gary McKinnon. When the courts make a decision on the forum—the place in which that gentleman should be tried—the process kicks into action.
The issue regarding extradition begins with the courts. It is the courts that decide: the district court, the High Court, the House of Lords and the European Court of Human Rights, all of which have been open—and are still open—to Gary McKinnon. When the courts make a decision on the forum—the place in which that gentleman should be tried—the process kicks into action.
Answered by
Alan Johnson
(Labour)
Asked by
Andrew Mackinlay
(Labour)
Answering body
Home Office
Type
Oral answers to questions
What is the problem with extraditing Nosratollah Tajik to the United States, the Iranian whom the Americans want under our wonderful extradition treaty? Is it not a fact that there are many people in London, including those in our security and intelligence services, and the banking and financial sector, who do not want him to go to the United States? How is it right to extradite Gary McKinnon and not this fella?
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c636-7
Chamber / Committee
House of Commons chamber
House
House of Commons
I will consider what the hon. Lady has said, but the role that Her Majesty's inspectorate of constabulary plays in inspecting police forces around the country is important, as we found out recently with one particular police force where the public had huge concerns. HMIC's role is to ensure that it can assist police forces in reaching the level of the best. There is always a case for keeping such burdens to an absolute minimum and ensuring the right balance, which we will look at as part of our constant war against bureaucracy in the police force.
I will consider what the hon. Lady has said, but the role that Her Majesty's inspectorate of constabulary plays in inspecting police forces around the country is important, as we found out recently with one particular police force where the public had huge concerns. HMIC's role is to ensure that it can assist police forces in reaching the level of the best. There is always a case for keeping such burdens to an absolute minimum and ensuring the right balance, which we will look at as part of our constant war against bureaucracy in the police force.
Answered by
Alan Johnson
(Labour)
Asked by
Ann Winterton
(Conservative)
Answering body
Home Office
Type
Oral answers to questions
Will the Home Secretary look at the number and depth of inspections of county constabularies, not least because they impose a huge burden on resources and manpower, and divert time, energy and police officers away from front-line policing?
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c637
Chamber / Committee
House of Commons chamber
House
House of Commons
I will of course ensure that the chairman of the Advisory Council on the Misuse of Drugs has those attributes. Indeed, we have agreed to a member of the advisory council being part of the interviewing panel for the new chairman.
I will of course ensure that the chairman of the Advisory Council on the Misuse of Drugs has those attributes. Indeed, we have agreed to a member of the advisory council being part of the interviewing panel for the new chairman.
Answered by
Alan Johnson
(Labour)
Asked by
Paul Flynn
(Labour)
Answering body
Home Office
Type
Oral answers to questions
Will the Home Secretary guarantee that the new chairperson of the Advisory Council on the Misuse of Drugs will be someone of genuine scientific independence who will challenge the evidence-free policies pursued by all Governments since 1971, which have resulted in Britain having the worst drug problems in Europe?
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c637
Chamber / Committee
House of Commons chamber
House
House of Commons
This matter can be resolved by ensuring that the treaty we have with the US is enforced. This matter can be resolved by upholding the law. The courts have decided and the prosecuting authorities have decided that Gary McKinnon is accused of very serious charges and should answer for them in the US. That is not the role of any politician or any judge; it is the role of the prosecuting authority. On 5 November in a debate in the other place, the ex-Law Lord Lord Justice Lloyd made it plain that that was absolutely right. The US authorities have given us a whole list of assurances that Gary McKinnon will get full treatment for his illness from the American authorities; indeed, a long list of the treatment that will be offered was quoted by Lord Justice Burnton in the High Court as being extremely impressive.
This matter can be resolved by ensuring that the treaty we have with the US is enforced. This matter can be resolved by upholding the law. The courts have decided and the prosecuting authorities have decided that Gary McKinnon is accused of very serious charges and should answer for them in the US. That is not the role of any politician or any judge; it is the role of the prosecuting authority. On 5 November in a debate in the other place, the ex-Law Lord Lord Justice Lloyd made it plain that that was absolutely right. The US authorities have given us a whole list of assurances that Gary McKinnon will get full treatment for his illness from the American authorities; indeed, a long list of the treatment that will be offered was quoted by Lord Justice Burnton in the High Court as being extremely impressive.
Answered by
Alan Johnson
(Labour)
Asked by
Keith Vaz
(Labour)
Answering body
Home Office
Type
Oral answers to questions
In the latest edition of Vogue, Hilary Clinton describes our Foreign Secretary as""vibrant, vital, attractive and smart.""
She has obviously not met the Home Secretary! Given that very close relationship between Britain and the United States, however, and given that the Home Secretary says he has no more legal powers to intervene, surely the best course of action is a diplomatic resolution to the problem. Will he talk to the Foreign Secretary so that he can talk to Hilary Clinton to see whether this matter can be resolved?
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c627-8
Chamber / Committee
House of Commons chamber
House
House of Commons
What recent assessment he has made of the effectiveness of the operation of the provisions of the US-UK extradition treaty.
What recent assessment he has made of the effectiveness of the operation of the provisions of the US-UK extradition treaty.
Asked by
Danny Alexander
(Liberal Democrat)
Answered by
Alan Johnson
(Labour)
Answering body
Home Office
Oral questions - Lead
Status
Answered
Tabled on
8 December 2009
For answer on
14 December 2009
Answered on
14 December 2009
The UK keeps all its extradition treaties under scrutiny. The Government's view is that the UK-US treaty is working well.
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c627; 306222
Chamber / Committee
House of Commons chamber
House
House of Commons
Asked by
Andrew Mackinlay
(Labour)
Answered by
Alan Johnson
(Labour)
Answering body
Home Office
Topical questions - Lead
Status
Answered
Answered on
14 December 2009
Notes
Lead question not printed.
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c636-7; 306249
Chamber / Committee
House of Commons chamber
House
House of Commons
The hon. Gentleman asked a question about the US-UK treaty. The only argument that I have heard about the treaty being imbalanced is that of probable cause versus reasonable suspicion. I have not heard expressed anywhere another argument about why it may be imbalanced. That was, indeed, the gist of the debate that took place in the House in 2003-04, when the issue was put before Members.
In the case of Gary McKinnon, the issue is completely and absolutely academic. There is no reasonable suspicion involved; there is no probable cause involved; and Gary McKinnon has admitted to many of the offences. The hon. Gentleman may have a question about Gary McKinnon, but it does not relate to the issue in his original question about an imbalance in the UK-US treaty.
The hon. Gentleman asked a question about the US-UK treaty. The only argument that I have heard about the treaty being imbalanced is that of probable cause versus reasonable suspicion. I have not heard expressed anywhere another argument about why it may be imbalanced. That was, indeed, the gist of the debate that took place in the House in 2003-04, when the issue was put before Members.
In the case of Gary McKinnon, the issue is completely and absolutely academic. There is no reasonable suspicion involved; there is no probable cause involved; and Gary McKinnon has admitted to many of the offences. The hon. Gentleman may have a question about Gary McKinnon, but it does not relate to the issue in his original question about an imbalance in the UK-US treaty.
Answered by
Alan Johnson
(Labour)
Asked by
Danny Alexander
(Liberal Democrat)
Answering body
Home Office
Type
Oral answers to questions
I am grateful to the Home Secretary for that answer, but Gary McKinnon's legal team has been forced to launch a fresh legal challenge in the High Court. The Home Secretary claims that his hands are tied, but many lawyers—including Lord Carlile, the Government's independent reviewer of terrorism legislation—tell him differently. Why is he putting this grossly unbalanced immigration agreement with the US over and above the interests of a very vulnerable British citizen?
Subjects
Extradition; USA
Date
14 December 2009
Reference
502 c627
Chamber / Committee
House of Commons chamber
House
House of Commons
Lead member
David Burrowes
Answering member
Alan Johnson
Department
Home Office
Type
Urgent questions
Legislation
Extradition Act 2003
Subjects
Appeals; Extradition; Human rights; Powers; Ministers; Treaties; USA; Asperger's syndrome; McKinnon, Gary
Date
1 December 2009
Reference
501 c975-6
Chamber / Committee
House of Commons chamber
House
House of Commons