Justice and Home Affairs Opt-out

Nick de Bois Excerpts

Monday 7th April 2014 Commons Chamber

[Mrs May]

It will be an opportunity for this House to debate on the basis of a motion that the Government will bring forward. By definition, we have not yet put that motion into place, so the hon. Gentleman may just have to wait and see the nature of the motion when it is brought before this House. The Government have been clear that Parliament should be able to exercise the opportunity to give its views on the discussions we have had with the European Commission and member states in relation to the measure that we choose to opt into. We have been clear throughout this process that Parliament will be given a vote on the final list of measures. I am happy to confirm, as I have done already on a number of occasions in the limited time that I have been speaking, that that will be the case.

While the negotiations continue, I realise that hon. Members want to debate and comment on some of the specific measures that the Government identified in Command paper 8671 as being in our national interest to rejoin. Chief among them is the European arrest warrant. I know that this measure arouses particular feeling in the House. We clearly need strong extradition arrangements in place to see criminals convicted and justice done, but when extradition arrangements are wrong, they can cause misery to suspects and their families, and risk miscarriages of justice.

The previous Labour Government had eight years to address the concerns that people raised in respect of the European arrest warrant, but they did nothing. Where they failed to act, this Government have legislated to implement new safeguards to increase the protection offered to those wanted for extradition, particularly British citizens. The concrete steps taken by the Government in the Anti-social Behaviour, Crime and Policing Act 2014 will tackle the operational deficiencies of the arrest warrant head on.

Our changes will protect the fundamental rights of British citizens by allowing arrest warrants that are issued for disproportionate offences to be refused; they will address the understandable concerns that many people had about lengthy pre-trial detention; they will help to ensure that British nationals will not be extradited when the prosecuting authorities are still investigating offences; and they will help to ensure that people cannot be extradited for conduct that takes place in the United Kingdom and is not against the law of this land.

[Nick de Bois (Enfield North) (Con)]

I am grateful to the Home Secretary for many of the changes that are being made, but, as she knows, I have specific knowledge as a result of the experience of my constituent Andrew Symeou, and I feel obliged to make a point that he made recently when being interviewed about the changes. Although steps have been taken to prevent people from being held for unnecessary periods when a case is not trial-ready, he is certain that the Greek authorities lied in his case, and that there is nothing to prevent them from doing so again.

[Mrs May]

My hon. Friend’s constituent has particular experience of the operation of the European arrest warrant, and my hon. Friend has been assiduous in drawing attention to that case and to the case for change. However, it will be possible for the process that determines whether a case is trial-ready to take place in the courts here in the United Kingdom, and for decisions to be made there. I am confident that proper consideration will be given to evidence given by the authorities in Greece or other member states concerning the preparedness of the case.