2014 JHA Opt-out Decision

Lord Herbert of South Downs Excerpts

Monday 15th July 2013 Commons Chamber

[Mrs May]

My hon. Friend is right that if we opt back into the European arrest warrant it will be subject to the European Court of Justice. However, I suggest he look at other EU countries that already have similar measures, certainly in terms of proportionality, and operate them without any question of whether it is right for them to be so operated. I believe it is possible for us to put these measures into our law and do so in a way that provides extra safeguards for British citizens. Many of the changes reflect the policies of other member states, which means we can have confidence in their durability. Co-operation across borders in the fight against crime is vital, but it must not come at the expense of the civil liberties of British subjects. I believe that the Government’s programme of reform will get the balance right.

[Nick Herbert (Arundel and South Downs) (Con)]

Will my right hon. Friend give way?

[Mrs May]

I will make just a little more progress and then give way to my right hon. Friend.

It is important to remember that we need robust extradition arrangements in place. Since 2009 alone, the arrest warrant has been used to extradite from the United Kingdom 57 suspects for child sex offences, 86 for rape and 105 for murder. In the same period, 63 suspected child sex offenders, 27 suspected rapists and 44 suspected murderers were extradited back to Britain to face charges. A number of those suspects would probably never have been extradited back to Britain without the arrest warrant.

[Nick Herbert]

Hon. Members are understandably concerned about the constitutional implications of the changes, but I support my right hon. Friend’s stance. Is it not important to reflect on the implications of not participating in the European arrest warrant? Having separate arrangements with all 28 countries of the EU would tie the hands of our own law enforcement agencies and make it harder for them to bring potentially serious criminals to justice, increasing cost and delay. Should we not focus on the benefits of some multinational co-operation, as well as some of the risks?

[Mrs May]

My right hon. Friend is absolutely right. He refers to delay, and there are very good examples of the EAW enabling speedier extradition. Hussain Osman, one of the failed 21/7 bombers from 2005, was extradited back to this country from Italy in less than eight weeks. As I indicated earlier in response to an intervention, the authorities in Northern Ireland tell us that the arrest warrant, together with other measures, plays an important role in underpinning their work with the Republic of Ireland in tackling the constant threat of terrorism. My right hon. Friend is absolutely right that those who say we should not be taking these measures and should not participate in the arrest warrant—I recognise and respect that some hon. Members are against our participation in the arrest warrant—need to say what they would do to secure the return to Britain of terrorist suspects who deserve to face justice, or to prevent foreign criminals evading justice by hiding in Britain. As long as we have adequate safeguards to protect the civil liberties of British subjects, we need robust extradition arrangements with other European countries, and that is what the arrest warrant gives us.