2014 JHA Opt-out Decision

Debate between Mark Reckless and Naomi Long

Monday 15th July 2013 Commons Chamber

[Naomi Long]

If the hon. Gentleman is patient, I shall come on to the specific problems that will occur if the EAW does not operate continuously. There are indeed challenges to that co-operation which are not about will but about means and process.

From a Northern Ireland perspective, this is of particular importance. Since the EAW came into force in January 2004, the PSNI has received about 265 EAWs for action in Northern Ireland, and 50 EAWs have been issued for action outside the UK. Of those 50, about 31, or 60%, have been sent to the Republic of Ireland. The PSNI believes that there are some areas in the process that could benefit from review, but overall it has said that it

“has proven to be an effective mechanism for ensuring the administration of justice across the EU jurisdiction.”

The Crown Solicitor’s Office believes that the EAW system

“works very successfully. When operated properly it can be speedy, effective and fair.”

Neither the PSNI nor the CSO believe that the UK should withdraw in any way from the current arrangement, and the pressures on the PSNI, the Public Prosecution Service and CSO manpower and costs would increase if we did so. The PSNI and the CSO are concerned about the likely alternatives to the EAW. If the UK withdrew from that system, under the designation by which member states that operate the system are regarded, we would become a category 2 state, as opposed to category 1. Extradition would then have to operate by way of formal requests from the UK Government to other countries through bilateral treaties or under the European convention on extradition. Such requests are more time-consuming to prepare and may involve the sending of witnesses to foreign jurisdictions to give evidence, possibly at significant cost.

With respect to the impact on north-south relations and north-south co-operation, which was raised by the hon. Member for Beckenham (Bob Stewart), before the introduction of the EAW, Northern Ireland and the Republic of Ireland followed the system known as the “backing of warrants”, which allowed an arrest warrant issued in one jurisdiction to be passed to police and endorsed or backed by a judge or magistrate in the area where the subject of the warrant lived. The Backing of Warrants (Republic of Ireland) Act 1965 was repealed by section 218(a) and schedule 3 of the Extradition Act 2003. There is no reason to assume that the Irish authorities would be willing to return to such a system. The land border between the two jurisdictions necessitates speedy arrangements that may no longer be available if the European convention or a bilateral treaty were the basis of the extradition relationship. I hope that that answers the hon. Gentleman’s question, because it is a significant issue. Indeed, the Minister for Justice, Equality and Defence in the Republic of Ireland, in discussions with the Minister of Justice for Northern Ireland, has expressed concern about its impact, given the repeal of legislation that facilitated north-south extradition arrangements.

Crucially, however, Alan Shatter TD has just given up the chair of the EU Council on Justice and Home Affairs, and is therefore exceptionally well placed to gauge the Commission’s appetite for negotiating terms with the UK to opt back in. His clear and continuing concern about the opt-out should sound a note of caution for those who believe that an opt-in will be simple and straightforward. I understand that this is a reserved matter, but even when matters are reserved decisions made by the UK Government can impact on the criminal justice system in devolved settings, and nowhere more so than Northern Ireland, given that we have a land border with the Republic of Ireland and thus a vested interest in close co-operation.

The cross-border dimension is unique in the UK, and important to us. Cross-border co-operation is essential in tackling security threats and organised crime, not only in Northern Ireland but across the whole of the United Kingdom. Of the third pillar measures, the possible opt-out from the EAW is the one that causes most alarm among all stakeholders in the Government, but it creates real uncertainty if we opt out without knowing that we can opt back in or that that will be a seamless process.

I put a question to the Secretary of State after her statement last week, and she said that the matter had been discussed with the Minister of Justice for Northern Ireland. However, she did not respond directly to my invitation to confirm that the Minister remained extremely concerned about any interruption to the operation of the EAW, and the impact that that would have on the justice system in Northern Ireland. It is important to talk to the Minister of Justice, and I hope that Home Office Ministers will recognise that listening and responding to what they hear in those conversations is of equal importance.

In response to my intervention today, the Home Secretary suggested that concerns arose only from the point where the Government indicated that they were going to opt out, but had not stated clearly that they intended to opt back in. That is not the case, however, and I put that on the record. Northern Irish Ministers remain concerned even though the opt-in is the Government’s stated intention. That has not allayed concerns, and there is serious uncertainty about the ability to opt in and about any delay in the opt-in process.

[Mark Reckless]

The hon. Lady says that the intention to opt back in to the EAW has been stated by the Government, but does she accept that with the acceptance of the amendment tabled by my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), that will no longer be something stated by this Parliament?

[Naomi Long]

I accept that that is the case, which causes me concern and, indeed, it will cause my colleagues in Northern Ireland even more concern. It would therefore be helpful if the Government could provide reassurance on that matter at the end of the debate. Any suggestion that we may choose not to opt back in would have significant consequences for north-south co-operation on justice matters in Northern Ireland.

The EAW has helped to bring offenders to justice, including those charged with serious and organised crime. The best way to effect the required improvements is to do so from within, not from outside. More than 60% of EAWs issued in Northern Ireland are for extradition from the Republic of Ireland so, in closing, I would simply ask what plans Her Majesty’s Government have to renegotiate an opt-in. How confident are the Government of success in that regard, given the reservations that have been expressed today and, indeed, given the concerns, I believe, of the Minister for Justice, Equality and Defence and of the Minister of Justice in Northern Ireland? Do the Government have the necessary support from other member states to be able to do this, and what happens if they do not succeed? What is the fall-back position? Will they try to negotiate individual arrangements with 28 states, and what appetite do those states have for entering into that negotiation?

Those are unanswered questions and points of risk in the process, and I simply ask that the Minister take the opportunity, first, to allay our concerns about the amendment that has been accepted, which will obliterate Parliament’s commitment to opt back in, and, secondly, to provide answers to those specific questions so that we understand what plan B is if the opt-in does not work out as intended.