‘Unacceptable risk’ of arrest warrant gap

Lords report issues warning if new arrangement is not in place by time UK leaves EU

The UK would face an “unacceptable risk” if the Government did not have European Arrest Warrant arrangements in place to coincide with Brexit, a Lords report has said.

The Lords EU Home Affairs Sub-Committee warned against allowing any operational gap to occur involving extradition procedures after Britain’s planned withdrawal from the bloc in March 2019.

Peers said that it “does not seem at all clear” how Britain could remain part of the present warrant system because it is overseen by the European Court of Justice (ECJ) which the Government insists should have no jurisdiction over UK matters after Brexit.

The report expresses concern that a “cliff-edge” situation could occur, stating that an “operational gap between the European Arrest Warrant ceasing to apply and a suitable replacement coming into force would pose an unacceptable risk”.

The study said Britain could follow the examples of Norway and Iceland and seek a bilateral extradition agreement with the EU that broadly mirrors the current warrant system and contains provisions for a political dispute resolution mechanism.

But peers noted that the agreement with the two countries has taken years to negotiate, and still has not come into force.

The Government’s position of seeking a “phased process of implementation” of arrangements is likely to mean accepting the jurisdiction of the ECJ, and might be difficult to secure if the UK has left other EU-related initiatives like the Charter of Fundamental Rights, the report said.

Without new procedures the UK would have to revert to the 1957 Council of Europe Convention on Extradition, which experts told the committee would be “counter-productive, inefficient, and not an adequate substitute,” the report said.

Committee chairman Lord Jay said: “Since its introduction, the UK has used the European Arrest Warrant to achieve the extradition of 1,000 individuals back to this country, including several high-profile criminals like Hussain Osman, who attempted to carry out a terror attack on the London Underground in 2005.

“Less than three years ago, Theresa May, in her role as home secretary, opted to maintain the UK’s involvement in the European Arrest Warrant, thereby accepting the European Court of Justice’s role in overseeing the European Arrest Warrant.

“In March 2017, the Home Secretary, Amber Rudd, said that it was a priority for the Government to ensure that we remain part of the European Arrest Warrant arrangement.

“This is welcome, but it was not clear to the committee how this objective will be compatible with the Government’s plans to remove the jurisdiction of the court of justice, let alone other aspects of the UK’s withdrawal from the European Union.”

In March 2017, the home secretary, Amber Rudd, said that it was a priority for the Government to ensure that we remain part of the European Arrest Warrant arrangement. LORD JAY

Picture: Getty Images. Home Secretary Amber Rudd has previously stated her support for Britain remaining part of the European Arrest Warrant arrangement.