HC Deb 10 January 2002 vol 377 cc1019-20W
Mr. Andrew Turner

To ask the Secretary of State for the Home Department when he expects the EU agreement on extradition warrants will take effect in each country of the EU. [24872]

Mr. Bob Ainsworth

Article 27 of the Council Framework Decision on the European arrest warrant and the surrender procedures between member states requires member states to take the necessary measures to comply with it by 31 December 2003. Article 27 also provides that the Framework Decision can come into force between two member states on a bilateral basis, once they have made the necessary declaration.

David Cairns

To ask the Secretary of State for the Home Department which countries do not deport their own nationals to the UK under existing extradition treaties but will be obliged to do so under the common European arrest warrant proposals. [25419]

Mr. Bob Ainsworth

Of the European countries to whom the European arrest warrant proposals will apply Austria, France, Germany, Greece, Iceland, Luxembourg and Norway will not currently extradite their own nationals under any circumstances. Belgium, Denmark, Finland, the Netherlands, Portugal, Spain and Sweden will do so on a discretionary basis and attach varying degrees of conditions to doing so. The Republic of Ireland and

Home Office area 1 April 1998 1 April 1999 1 April 2000 1 April 20011
Home Office main (excluding agencies) 8,070 7,710 9,270 13,020
Fire Service College 250 190 180 2190
Forensic Science Service 1,240 1,640 1,780 2,190

Italy will extradite their own nationals provided there is reciprocity. The United Kingdom attaches no such conditions to the extradition of British citizens.

Under the Framework Decision on the European arrest warrant, it will no longer be possible for a country to refuse to extradite an individual on the grounds that he or she is an own national. The one exception to this is Austria whose executing judicial authorities will be permitted to refuse the enforcement of a European arrest warrant if the requested person is an Austrian citizen and if the act for which the European arrest warrant has been issued is not punishable under Austrian law until such time as Austria has modified its basic law. They are required to do this under the framework agreement by 31 December 2008.

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