Criminal Law

Nick de Bois Excerpts

Monday 10th November 2014 Commons Chamber

[Mrs May]

Our reforms have also clarified the rules on dual criminality to ensure that an arrest warrant must be refused if all or part of the conduct for which a person is wanted took place in the UK and is not a criminal offence in this country. The National Crime Agency is now refusing arrest warrants where it is obvious that the dual criminality test has not been met. It has done so nearly 40 times since our reforms came into force in July. Under the old arrest warrant, people were being detained for long periods overseas before being charged or standing trial. We have changed the law to require that a decision to charge, and a decision to try the person, has been made in the requesting country before they can be extradited.

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

I am grateful to the Home Secretary for her personal interest in the case of my constituent Andrew Symeou, and to the Minister. On this point, which is often known as the Symeou clause, does she have confidence—this is something that I and my constituent lack—that the decision to charge and try will necessarily follow with the same speed and alacrity as in this country and many other countries? We are totally reliant on those other countries to enforce such measures quickly, else people will languish in jail because there is a difference between the decision to charge and the different decision to try.

[Mrs May]

In our changes to the legislation we are clear that this is about the decision to charge and to try. As I mentioned earlier, my hon. Friend has been assiduous in championing the issue because of the case of his constituent Andrew Symeou and we all recognise that that sort of circumstance led many people to query the European arrest warrant and be concerned about its operation. The legislative changes we have made allow a British court to decide that unless there is a decision to charge and try an individual, it can reject the European arrest warrant. In addition, we have also made changes so that an individual can be transferred temporarily to give evidence and be returned to the United Kingdom, or to give evidence by video link, for example, so that they do not need physically to be taken to the other country concerned.

[Chris Bryant (Rhondda) (Lab)]

rose—

[Nick de Bois]

rose—

[Mrs May]

I note the importance of the case of my hon. Friend’s constituent, so I will give way to him again.

[Nick de Bois]

I am grateful for the Home Secretary’s attempt to explain that point, but perhaps I can ask her about another issue. The courts are not allowed to take into account the record of a country in its effectiveness at pursuing a case from charge to trial-ready. Would such a requirement on the courts provide more confidence that they can look beyond the initial application to extradite and hold to account countries that fail to deliver?

[Mrs May]

I note my hon. Friend’s point, but I believe that the changes we have made are sufficient to ensure that our courts are able to make judgments on charge and trial, and therefore a judgment on whether a European arrest warrant should be put into place. I will give way to the hon. Member for Rhondda (Chris Bryant).

--- Later in debate ---

[Yvette Cooper]

Given the shambles the Home Secretary has presided over today, the idea that she wants to make this about the last Labour Government is frankly ludicrous, and it makes her look silly. She decided what she wanted to opt into and out of, and she then claimed to the House that she had repatriated powers and safeguarded the hugely important things she is still too scared to give the House a vote on.

[Nick de Bois]

rose—

[Yvette Cooper]

I will give way to the hon. Gentleman, if he can tell the House whether he thinks, like us, that we should have a vote today on the EAW.

[Nick de Bois]

Since the right hon. Lady has been busy disparaging the 100 things or so she signed up to, does Labour now acknowledge that the Lisbon treaty was one of the greatest betrayals of this country on record?

[Yvette Cooper]

Again, nice try. The problem is that we are debating a series of measures that we and the Home Secretary think we should be opting back into. We think that the 11 measures are important, and we want to have a debate today on the additional measures we also think we ought to opt back into: the EAW and the rest of the 35 measures. I understand that the hon. Gentleman and other Conservative Back Benchers disagree, but at least we should have the debate. I can reassure the Home Secretary that there would still be a strong House of Commons majority in favour of her 35 measures, because they are important for fighting crime. Surely, however, we should have that debate so that the House can send a strong signal to Europe and the courts that we support these measures—that they are the right thing for fighting crime and for Britain and Europe.

--- Later in debate ---

[Nick de Bois]

My right hon. Friend makes an entirely important point. The House might be interested to know that my constituent Andrew Symeou, who languished in jail for 11 months and was not served well by the European arrest warrant, has just tweeted to say that today

“should be about preventing injustice and protecting British citizens, not be used as a political football!”

The debate should be heard.

[Mr Davis]

My hon. Friend’s constituent is entirely right. There are many cases of British citizens, such as Andrew Symeou, Deborah Dark and Colin Dines, being badly mistreated. It is not just British citizens, because the leading criminal lawyers in 11 other countries have complained about this procedure in previous years. It is a very serious issue. This House, above all others, should have been in a position to debate it at some length, rather than being faced with this awful choice between accepting the Government’s business untouched and forgoing the debate altogether in the fond hope of having it another day.