European Arrest Warrant and Investigation Order

Lord Thomas of Gresford Excerpts

Wednesday 26th January 2011 Lords Chamber

[Baroness Neville-Jones]

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.

[Lord Thomas of Gresford]

Does not the Minister agree that habeas corpus is a process and not a principle? It is designed to make sure that a person who is in custody is there legally. If a European arrest warrant has been issued improperly, a writ of habeas corpus will succeed and, if not, it will fail. It is a simple issue and there is no conflict between the principles.

[Baroness Neville-Jones]

My Lords, in this House of legal eagles I hesitate, as a non-lawyer, to get on to the grounds, but I understand that the principle of habeas corpus is indeed a legal remedy against unlawful detention. It is therefore right to say that the European arrest warrant in principle is compliant. I accept entirely, however, that there is dissatisfaction with the warrant’s operation, which is what the Government have asked Sir Scott Baker to look into.