EU Treaties: Justice and Home Affairs Opt-Outs

Baroness Corston Excerpts

Monday 1st July 2013 Lords Chamber

[Lord McNally]

My Lords, that is a good example of why we are giving careful thought to this array of measures. The European arrest warrant has played an important role in speeding up extradition arrangements between countries and represents the type of practical co-operation that we should all support. However, despite its success, the use of the warrant for trivial offences has damaged its reputation with many, and lengthy pre-trial detentions have also caused problems in some cases. It is those areas of proportionality and practicality in using the warrant that we are trying to address, both in discussions with our European partners and in looking at the process as it affects our own dealings with this warrant.

[Baroness Corston]

My Lords, does the Minister accept that it does not require what he calls “careful time” to consider the European arrest warrant? Criminals are not fools. If we opt out, they will go and live in Spain, the way they used to years ago, beyond the reach of British law. Given that there is much greater pressure in view of international terrorism, why does it take any time at all to consider this issue?

[Lord McNally]

It takes time because it is part of a range of issues. Nobody is talking about jettisoning all these measures, but some of the proposals in the Protocol 36 decision were written when reference to the European Court of Justice was not in mind. There is a variety of technical reasons why careful study is warranted. I assure the House that the Government will continue, as they have done right through their period of office, to address opt-ins and opt-outs on the basis of national security and national interest. When we have our package to bring before the House, we will ask your Lordships to make decisions on that basis.