(13 years, 9 months ago)
Lords ChamberMy Lords, the noble Lord is quite right that this can be of assistance. It obviously has to be balanced with the rights of individuals who may have been detained and subsequently not charged. The Attorney-General has not chosen to act immediately precisely because he wishes to look at the issues involved, not necessarily just at this case. The Private Member’s Bill was not supported by the Government and has been withdrawn, but he is going to look at the issues.
My Lords, in these days of severe attack, one has to be careful about these rules in the interests of the whole country. To some degree, does one not have to trust the police to exercise a fair discretion and not put everything in writing?
My Lords, the police of course have guidance in writing, but the noble Lord is quite right to say that they have to interpret that guidance in light of the operational circumstances of any case. I am sure that that is what they try to do. Clearly there are tensions in the whole question of the freedom of the press, the need for the police to conduct an investigation and the rights of individuals who may be affected by that. It is that balance that we need to strike.
(13 years, 10 months ago)
Lords ChamberIndeed, my Lords, and I suspect that that is why our predecessors signed up to this measure when they were in office. It is the case that it has facilitated the return of prisoners to jurisdiction, so the noble Lord makes a perfectly valid point.
What exactly do the Government propose to do about this? The situation as it stands is obviously unjust and unsatisfactory. What will the Government do?
My Lords, I hope that I have just indicated what we are doing. We think that we need some expert advice, so we have asked Sir Scott Baker to look at the operation of the European arrest warrant. He is due to report in September of this year and the Government will take action in the light of his report.