2014 JHA Opt-out Decision

Debate between Theresa May and Richard Shepherd

Monday 15th July 2013 Commons Chamber

[Mrs May]

Following the introduction of the European arrest warrant, there is a clear difference between the extradition arrangements in Europe now and those that previously existed, which came under the banner of the Council of Europe. One of the key issues is the level of delay that occurs; the European arrest warrant can be exercised much more quickly. I cited the case of the failed 21/7 bomber who was extradited from Italy in eight weeks. Before the introduction of the European arrest warrant, that could have taken a considerable period of time—many months and potentially years. The ability to extradite more quickly is one of the advantages of the European arrest warrant.

[Sir Richard Shepherd (Aldridge-Brownhills) (Con)]

The difficulty has always been the concept of the mutual recognition of different legal systems. The assumption is that we are working on the same premises, but we are not doing that across Europe. All the evidence given to the Joint Committee on Human Rights—whose opinion I hope my right hon. Friend will ask for as well—was about the victims of the system as it works now. Why can we have mutual recognition of legal systems that many people across Europe do not think are equivalent to ours in terms of standards of justice and court procedure?

[Mrs May]

My hon. Friend raises an important point. It is exactly that issue in a number of areas—for example, pre-trial detention—that right hon. and hon. Members have raised as a key concern about the operation of the European arrest warrant. There are member states that have been extraditing individuals before they have properly investigated the case and before they have the evidence to charge and try them. That has often led to British citizens waiting for many months in jails abroad while the investigation took place. It is why one of the changes I wish to make to the operation of the European arrest warrant here in the UK would enable judges to discharge the extradition request if the requesting country had not taken a decision to charge and a decision to try the individual.