Extradition Arrangements: European Union Member States Debate

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Department: Home Office

Extradition Arrangements: European Union Member States

Lord Thomas of Gresford Excerpts
Wednesday 13th January 2021

(3 years, 10 months ago)

Lords Chamber
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Asked by
Lord Thomas of Gresford Portrait Lord Thomas of Gresford
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To ask Her Majesty’s Government what reciprocal extradition arrangements are in place for the surrender of nationals between the United Kingdom and the European Union member states where the surrender of such nationals to a third country is forbidden or restricted by law.

Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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My Lords, some EU member states operate on the fundamental principle that they cannot extradite their citizens outside the EU. We have ensured in our new arrangements that there is a path to justice in each case—for example, by requiring a member state that refuses to refer the case to its own prosecuting authorities.

Lord Thomas of Gresford Portrait Lord Thomas of Gresford (LD) [V]
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I thank the Minister for her Answer. We all know about the difficulties with the United States in the tragic Harry Dunn case; despite the pleas of the Foreign Secretary, it refuses to extradite an American lady for serious offences committed on British soil. Is it now the same with Europe? What differences are there between our arrangements today with the 27 EU states in our new status as a third country, so far as they are concerned, and our long-time arrangements with the USA?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The fundamental difference between then and now is the additional safeguards built into the proceedings, which in my view make them a more effective set of arrangements. There is also the notion of proportionality, which is crucial for both accused and victim.