Criminals may be freed if UK crashes out of EU
Cabinet warned European extradition laws would lapse after disorderly Brexit
THE Cabinet was given a stark warning on the impact of a no-deal Brexit on the country’s extradition laws, the Sunday Independent can reveal.
Ministers were told serious criminals may have to be released from prison if Britain crashes out of the EU next month because European extradition laws will no longer apply.
They were also told the country would be forced to rely on an almost 60-year-old piece of legislation to keep prisoners locked up in the event of a disorderly Brexit.
European arrest warrants are a staple of EU legislation and allow member states to almost seamlessly transfer prisoners between countries.
Justice Minister Charlie Flanagan told colleagues that every effort was being made to minimise the number of extradition cases affected by Brexit. He said the number of cases in Ireland was relatively small but it included people accused of very serious crimes.
Mr Flanagan added that Ireland faced serious international reputational damage if new extradition laws were not swiftly introduced after a hard Brexit.
Under the current system, those held under European arrest warrants would have to be released from custody if Britain left the EU on March 29 without any deal.
The Government plans to fall back on a piece of legislation from 1957 to ensure potentially violent prisoners are not released because of a disorderly Brexit.
However, ministers were told the 1957 Council of Europe Extradition Convention would make extraditions “procedurally onerous” and it would “suffice” only as an interim measure.
The Government included new laws to address concerns over extraditions in the Brexit Omnibus Bill which was pub- lished last Friday. The 70-page Bill bids to address the serious legislative issues that would be caused by a hard Brexit.
The emergency legislation is also aimed at protecting cross-border health services, benefit payments and transport links in the event of a crash-out Brexit
A Department of Justice spokesperson said officials were taking steps to “mitigate the potential impact” that Brexit would have on cases where the UK has requested the arrest and surrender of a person under a European arrest warrant.
“Work has been ongoing for some time across a number of divisions in the Department of Justice, An Garda Siochana, the Office of the Attorney General and the Office of the DPP to ensure that new arrangements are ready to be applied immediately and there is minimal disruption to extradition procedures,” a spokesperson said.
“The 1957 Council of Europe Extradition Convention will be applied by order as a fallback. While it is more cumbersome than existing arrangements, it will ensure that there is a workable system in place for when the UK leaves.”