Tories demand law review over Scots hacker extradition case

Published on Wednesday 15 July 2009 15:56

HOME Secretary Alan Johnson was today urged to review the UK's extradition arrangements with the US following the Gary McKinnon case.

Asperger's Syndrome sufferer Mr McKinnon is fighting a legal battle to prevent his extradition to the US on charges of hacking into American military computers.

Shadow home secretary Chris Grayling said the case raised wider issues about the UK's extradition laws.

Opening a Tory-led debate, he said: "The McKinnon case has brought those issues back to the fore and that is why we have sought to use this time to allow Members on all sides of the House to discuss those concerns and to send a clear message to ministers that we want to see the current situation reviewed.

"I believe that such a review is vital to maintain the integrity of our extradition system, to make changes to ensure that it is fair and just and to make sure that it enjoys public confidence.

"There is no doubt that such public confidence has been sorely lacking in the last few years."

He added: "Current events make the case for review all the more urgent"

Mr Grayling said the UK should not "sub-contract" out difficult cases to other countries when they could be tried in domestic courts.

Other cyber-crime cases had been heard in the UK even if they involved hacking into US computers.

Mr Grayling said: "Britain has in the past been willing and able to try people in the United Kingdom where there are issues of conflicting jurisdiction and I do believe that our extradition arrangements should reflect this."

He also criticised the current arrangements for making US authorities meet a lower standard of evidence to extradite a UK citizen than British agencies would have to meet to secure the transfer of a US suspect.

Glasgow-born McKinnon, 43, from Wood Green, north London, yesterday asked the High Court to overturn the refusal of Director of Public Prosecutions Keir Starmer to put him on trial in the UK on charges of computer misuse. If there was no UK prosecution, Mr McKinnon would inevitably be extradited to stand trial in the US, the judges heard.

The court reserved judgment and said it hoped to give a decision in writing by the end of July.

Mr McKinnon has admitted computer hacking and leaving a message in US military systems saying "I will continue to disrupt", but his lawyers said his intention was only to cause "temporary impairment" not lasting damage to the system.

They argue that extradition would lead to "disastrous consequences", including possible psychosis and suicide, because of his medical condition which is on the autistic spectrum.

In the Commons, Mr Johnson defended the current laws contained in the Extradition Act 2003.

He said: "The 2003 Act has simplified extradition procedures while ensuring that the rights of those wanted in other countries are upheld."

But Labour former minister Kate Hoey (Vauxhall) pressed for the law to be changed "so that we wouldn't get the ridiculous situations that the public will not accept about individuals like Gary McKinnon.

"It just is not acceptable, it is not fair, it is not just and we should be able to do something about it in this Parliament."