Extradition

Lord Davies of Stamford Excerpts

Tuesday 16th October 2012 Lords Chamber

[Lord Taylor of Holbeach]

I am not in a position to comment in detail on those particular points, but I thank my noble friend for those suggestions. They will be borne in mind as we undertake a review of the process.

[Lord Davies of Stamford]

An important point was made by my noble friend on the Front Bench that goes to a matter of elementary competence. Have not the Government put themselves in a quite ridiculous position, announcing that they wish to renegotiate the regime for the European arrest warrant and almost in the same breath that they intend to withdraw from the whole structure of justice and home affairs in the European Union? You do not have any influence on the rules of a club if you have announced in advance that you intend to leave it. As for opting back in, we should then be asking our EU partners to do us a favour. In that position we would have no leverage at all in changing the rules. Is that really the Government’s best idea of how to conduct an international negotiation?

[Lord Taylor of Holbeach]

I am not sure whether the noble Lord was in the Government or the Opposition when the then Government introduced this provision within our statute law. It provides us with an ideal opportunity to work alongside our European partners and with the Commission to seek a change in the European arrest warrant, which we are not alone in seeing as very useful and important but none the less deficient. The procedure for doing that is to give notice that you intend to withdraw and then to seek to reapply on the terms of the revised arrangements. That is perfectly straightforward. It was discussed yesterday after the Statement repeated by my noble friend Lord McNally, and I do not see any difficulty whatever. I am surprised that the noble Lord makes the point that he does.