European Arrest Warrant and Investigation Order

Debate between Baroness Neville-Jones and Lord Vinson

Wednesday 26th January 2011 Lords Chamber

[Lord Vinson]

To ask Her Majesty’s Government to what extent the European Arrest Warrant and European Investigation Order conform with the principle of habeas corpus.

[The Minister of State, Home Office (Baroness Neville-Jones)]

The UK’s transposition of the European arrest warrant complies fully with the concept of habeas corpus. UK implementation of the European investigation order will also be fully compliant. However, I understand that the noble Lord’s principal concern is the separate issue of European arrest warrants being issued for trivial offences. The Government share this concern and are talking to other EU countries, bilaterally and through the European Union, to stop this happening.

[Lord Vinson]

I thank the Minister for her considered reply, but I am not as optimistic. The fact remains that hundreds of UK citizens are being compelled to appear before any EU court without the merit of the often frivolous charges being first assessed. They can be locked up without pre-trial. Is she not concerned that this totally overrides the ancient liberties of the British citizen enshrined in Magna Carta and habeas corpus? Will she assure the House that this will be resolved? Three member states of the EU have already declared the European arrest warrant unconstitutional. We should do the same. It really is time that we started to say no to damaging EU legislation.

[Baroness Neville-Jones]

My Lords, the Government are concerned, as I have just said, with the disproportionate use of the European arrest warrant for trivial purposes. That is one of the reasons why we have asked Sir Scott Baker, with the panel that he is heading on extradition, to look specifically at the operation of the European arrest warrant. He is able to take submissions from Members of this House and others and I hope that the noble Lord will take advantage of that.