Sunday Independent (Ireland)

Criminals may be freed if UK crashes out of EU

Cabinet warned European extraditio­n laws would lapse after disorderly Brexit

- Philip Ryan

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.”

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