European Arrest Warrant (Hansard, 3 December 2001)

§ Mr. Letwin
To ask the Secretary of State for the Home Department what is the Government's policy on protection of the principle of speciality in the Council Framework Decision on the European arrest warrant; and if he will make a statement. [20147]

§ Mr. Bob Ainsworth
The United Kingdom (UK) does not intend, generally, to apply the dual criminality test to requests made to the UK authorities under the provisions of a European arrest warrant, and therefore would not, generally, expect to apply the rule of specialty in a case where a person is surrendered by the UK to another European Union member state.

§ Mr. Letwin
To ask the Secretary of State for the Home Department if it is his intention to apply the dual criminality test to offences listed under Article 2.4 in the Belgian Presidency's draft text of the Framework Decision on a European arrest warrant; and if he will make a statement. [20149]

§ Mr. Bob Ainsworth
Draft Article 2.4 of the Framework Decision allows the executing member state to decide whether to apply the dual criminality test, and this point will be finalised in the legislation necessary to implement the Framework Decision.
The Government will reflect on this, in particular, whether it should retain the dual criminality test for abortion and euthanasia.

§ Mr. Letwin
To ask the Secretary of State for the Home Department if he will make it his policy to include in the Framework Decision on the European arrest warrant power for a person who is due to be extradited to oppose their 105W extradition on the grounds that their human rights under the ECHR would not be protected by the requesting country; and if he will make a statement. [20154]

§ Mr. Bob Ainsworth
The Framework Decision is intended to create a system enabling faster procedures for surrender of a fugitive as between European Union member states. Protection for the individual is provided in the domestic incorporation of the European Convention on Human Rights (ECHR) in the issuing state's criminal justice system, rather than before courts in the United Kingdom (UK). This is the principle of mutual recognition on the basis of which we would similarly expect our EU partners to return those we want to bring to our courts to stand trial.
The question of compatibility with ECHR rights will be addressed again by the Government as part of the legislative process to implement the Framework Decision. It is conceivable that there may be a wholly exceptional case in which the UK courts may judge that there is a risk of treatment, on return of a fugitive to an EU member state, that is incompatible with the ECHR. Under those circumstances, the District Judge could refuse to execute a request for a European arrest warrant.