§ Lord Glentoranasked Her Majesty's Government:
Whether they share the view of the Justice Minister of the Republic that "we are moving inexorably towards a European Union Arrest Warrant" and, if so, what protection in United Kingdom courts a British citizen would have against the execution of such a warrant. [HL886]
§ The Minister of State, Home Office (Lord Rooker)The framework decision on a European arrest warrant has not yet been agreed, but the Government support the proposals for a European arrest warrant and are working to achieve political agreement at the Justice and Home Affairs (JHA) Council on 6–7 December in Brussels, as announced at the Extraordinary JHA Council on 20 September 2001.
The framework decision is intended to create a system enabling faster procedures for the surrender of a fugitive as between EU member states. Protection for the individual is provided in the domestic incorporation of the European Convention on Human Rights into the requesting state's criminal justice system, rather than before the courts in the United Kingdom. This is the principle of mutual recognition, on the basis of which we would similarly expect our European Union partners to return those whom we want to bring before our courts to stand trial.
The framework decision as currently drafted provides for non-execution of a European arrest warrant where its subject has already been acquitted or convicted of the same offence or in relation to an offence committed below the age of criminal responsibility in the member state from where surrender is sought.
§ Lord Pearson of Rannochasked Her Majesty's Government:
Further to the question asked by Lord Pearson of Rannoch on 19 November (HL Deb, col. 979), whether the United Kingdom is still able to refuse to participate in the framework decision on the proposed European Union arrest warrant; and, if so, under what clauses in the European treaties could it do so. [HL1519]
§ Lord RookerThe legal basis for the framework decision on the European arrest warrant is the Treaty on European Union, Articles 31(a) and (b) and 34 (2) (b). Article 34 (2) requires that member states must act unanimously in the adoption of a framework decision. The Government support the proposals for a European arrest warrant and are working to achieve political agreement at the Justice and Home Affairs (JHA) Council on 6–7 December in Brussels, as announced at the Extraordinary JHA Council on 20 September 2001.