§ Annabelle EwingTo ask the Secretary of State for the Home Department (1) if he will seek legal advice on Council of the European Union Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between member states with regard to(a) its implementation in Scots law and (b) whether its implementation is a reserved matter; [84225]
(2) what legal advice he has received on Council of the European Union Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between member states with regard to (a) its implementation in Scots law and (b) whether its implementation is a reserved matter. [84228]
§ Mr. Bob AinsworthIt is a long-standing convention that the Government do not disclose the content of legal advice they have received or even that legal advice has been obtained.
Extradition is a reserved matter under Schedule 5 of the Scotland Act 1998. However, Scottish Ministers have responsibility for casework where the fugitive is in Scotland.
The Scottish Parliament passed a Sewel Motion on the Extradition Bill on 21 November 2002 agreeing that the provisions in the Bill conferring functions on Scottish Ministers should be considered by the United Kingdom Parliament.