European Arrest Warrant (Hansard, 25 June 2002)

§ Mr. Andrew Turner
To ask the Secretary of State for the Home Department what the United Kingdom definition is for the purposes of the proposed European arrest warrant of(a) swindling, (b) racism and (c) xenophobia. [63340]
837W

§ Mr. Bob Ainsworth
The list in Article 2.2 of the Framework Decision on the European Arrest Warrant contains broad headings, designed to ensure that all serious offences are caught. It is for the requesting state to decide whether the conduct in question falls within one of the headings.
In the United Kingdom (UK), depending on circumstances, if issued by a judicial authority in the UK, "swindling" would include offences under the Theft Acts of 1968 and 1978.
The UK has a number of offences which could fall into the category of "racism" and "xenophobia". These include racial discrimination, incitement to racial hatred, possession and distribution of racially inflammatory material and publication of material intended to stir up racial hatred.

§ Mr. Andrew Turner
To ask the Secretary of State for the Home Department which offences in France for which British citizens could be extradited under the European arrest warrant are unknown to British law. [63366]

§ Mr. Bob Ainsworth
The Government are not responsible for the law of another European Union member state. It will be for the requesting state to establish that the offence in respect of which extradition is sought is one covered by the Framework Decision on the European arrest warrant.
The Government believe those who break the law of France while in that country should be returned to stand trial there, irrespective of whether the conduct is an offence under United Kingdom law. In the same way, we would expect France to return someone who had broken the law here even if the conduct was not contrary to French law.

§ Mr. Andrew Turner
To ask the Secretary of State for the Home Department whether(a) non-British residents of, (b) British overseas territories citizens resident in and (c) UK citizens resident in (i) Gibraltar, (ii) Jersey, (iii) Guernsey, (iv) Alderney, (v) the Isle of Man, (vi) British sovereign bases in Cyprus and (vii) other British overseas and dependent territories will be subject to the proposed European arrest warrant. [63331]

§ Mr. Bob Ainsworth
The European arrest warrant system will operate in Gibraltar, as stated in Article 33 of the Council Framework Decision on the European arrest warrant and surrender procedures between member states. The Framework Decision does not apply to the jurisdictions of British overseas territories or the crown dependencies. The nationality of any resident has no bearing on the applicability of the proposals.

§ Mr. Andrew Turner
To ask the Secretary of State for the Home Department what safeguards he proposes to prevent the extradition of UK citizens under the European arrest warrant for offences which are unknown to English or Scots law. [63365]

§ Mr. Bob Ainsworth
The Government believe that those who break the law of another European Union (EU) member state while in that country should be returned to stand trial there, irrespective of whether the conduct is an offence under United Kingdom law, in the same way that we would expect our EU partners to return someone who had broken the law here even if the conduct was not illegal in the person's country of nationality.
838W
However, the legislation to give effect to the European arrest warrant will provide that no one can be extradited from the United Kingdom for conduct which takes place in this country and which is not contrary to United Kingdom law.

§ Mr. Andrew Turner
To ask the Secretary of State for the Home Department what safeguards he proposes to prevent the extradition of UK citizens under the European arrest warrant without there being a proper case to answer. [63367]

§ Mr. Bob Ainsworth
Currently extradition between Council of Europe countries, which includes all European Union member states, is governed by the European Convention on Extradition (ECE).
Under the terms of Article 12 of the ECE, extradition requests have to be accompanied by an arrest warrant (or certificate of conviction, in conviction cases), a statement of the offences for which extradition is requested and a copy of the relevant enactments.
Requests do not have to be accompanied by material establishing that there is a case against the person whose extradition is sought. That will not be changed by the introduction of the European arrest warrant.

§ Mr. Andrew Turner
To ask the Secretary of State for the Home Department which jurisdiction it is proposed will determine, under the European arrest warrant, whether the property in the UK of British residents may be seized as evidence. [63339]

§ Mr. Bob Ainsworth
As is currently the case with extradition requests, in European arrest warrant cases decisions on seizure of property in the United Kingdom (UK) for use as evidence will be taken by the British police in accordance with UK law.