Extradition (Provisional Arrest) Bill [HL]

Lord Paddick Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Wednesday 14th October 2020 Lords Chamber

[Lord Paddick (LD)]

My Lords, I shall first acknowledge that the noble Baroness the Minister has a script that she is obliged to follow. As the Minister has said in her introduction, this Bill gives the police the power to arrest somebody who is wanted in another country, without the need to apply to a court for a domestic warrant before the arrest can be made, provided that it is a trusted country and the National Crime Agency has verified that the foreign request to make the arrest is necessary and proportionate.

Throughout the passage of this Bill, the Minister has maintained that it is not a replacement for the European arrest warrant, and I agree—but only to the extent that the Bill does not change the extradition process once the accused is before a court. This power to arrest those wanted by a foreign country without a domestic warrant is, of course, part of the European arrest warrant regime. If someone is wanted under an EAW, they could be arrested by the police in the UK without a domestic warrant. Despite what the Minister has said, there is every indication that the UK will no longer be part of the European arrest warrant at the end of the transition period, not least because the constitutions of some countries, such as Germany, do not allow their own nationals to be extradited to a non-EU country. The noble Baroness prayed in aid the EU agreement with Norway and Iceland, but that agreement took more than a decade to agree and implement, and it excludes the extradition of a country’s own nationals.

We were suspicious that this Bill was a replacement, or at least a partial replacement, for the European arrest warrant—and, indeed, we were at a loss if it was not. At Second Reading, the noble Lord, Lord Anderson of Ipswich, asked:

“Could the Minister explain why the existing powers of urgent arrest under Sections 73 and 74 of the Extradition Act 2003, before an extradition request has been submitted or certified, are not considered sufficient? ... My understanding is that a request from the issuing state for the accused’s provisional arrest can already be the subject of a provisional warrant application by the CPS to the court—an application which, in urgent cases, can be made out of hours to the relevant duty judge, if necessary by email.”—[Official Report, 4/2/20; col. 1735.]


This sounds to me like a process that could be quicker than the one proposed by this Bill, where the NCA has to certify the request to make an arrest.

Also at Second Reading the Minister said:

“Several noble Lords have voiced concerns that this Bill is an attempt by the Government to replicate the capability of the EAW. As I hope I have explained, this is not the case.”—[Official Report, 4/2/20; col. 1757.]


This prompted the noble Baroness, Lady Jones of Moulsecoomb, to ask:

“If it is not a replacement for the European arrest warrant, can the Minister confirm that the Government will not add the list of EU countries to the list we have already?”


The Minister replied:

“I said that it is not a replacement for the EAW, but of course the Government can make that request of Parliament.”—[Official Report, 4/2/20; col. 1760.]


And lo and behold, government Amendment 5 adds the list of EU countries, plus Norway and Iceland, which have their own versions of the European arrest warrant, to the list we already have.

Perhaps the noble Minister will now accept that, if the Bill is not a complete replacement for the EAW, it is at least a partial replacement for the EAW, in that it restores arrests without warrant in the UK for those wanted by EU countries—a power that will be lost, along with the rest of the European arrest warrant regime, at the end of the transition period.

As the noble Lord, Lord Anderson of Ipswich, just said, in effect, the fact remains that, even with the Bill, extradition of EU nationals will take longer and be more complex than under the European arrest warrant regime. There is no obligation on EU countries to reciprocate—that is, to immediately arrest and quickly extradite those wanted by the UK who are in EU countries —because the Bill is a partial but wholly inadequate replacement for the European arrest warrant. Perhaps this explains the Government’s sheepishness in trying to put distance between it and the EAW.

It is clear that we will all be less safe in the UK at the end of the transition period, when we lose access to the European arrest warrant, as a consequence of leaving the European Union. We do not oppose the government amendments in this group, but it would have been better if the Government had been more transparent from the outset.