Extradition

Debate between Baroness May of Maidenhead and Roger Gale

Tuesday 16th October 2012 Commons Chamber

[Mrs May]

The hon. Gentleman is absolutely right: it is now for the Director of Public Prosecutions to decide whether the case should be prosecuted. Very simply, it is not the case that politicians tell the Director of Public Prosecutions what to do, who to investigate or who to prosecute, so he will come to his decision based on the information available to him.

[Sir Roger Gale (North Thanet) (Con)]

Further to my question to my right hon. Friend yesterday and in the interests of those of us who have or have had constituents who have been held for long periods in European and foreign prisons—people who are United Kingdom citizens—will she seriously consider ensuring that no United Kingdom citizen may be extradited to another country where the period of detention before trial is very considerably longer than that in the United Kingdom?

[Mrs May]

We will seek to consider with the Commission and other member states the issues that have arisen in relation to the operation of the European arrest warrant. This view is not held solely by the United Kingdom. Across a number of member states, there are concerns about the way in which the EAW has been operating, and we shall be working on that matter as part of our consideration of closed measures that we may choose to opt back into, or wish to opt back into, in relation to the 2014 justice and home affairs powers. However, I have certainly heard the point that my hon. Friend makes.

European Justice and Home Affairs Powers

Debate between Baroness May of Maidenhead and Roger Gale

Monday 15th October 2012 Commons Chamber

[Mrs May]

I assure the right hon. Gentleman that I take the protection of the British public very seriously indeed. It is the first duty of government to protect the public, but we need to ensure that any measures that are in place to protect the public are the right ones. I have not said what we will do on the European arrest warrant, but I have noted the concerns that have rightly been raised about its proportionality and in relation to the cases of some UK citizens who have been in jail elsewhere. We will now start to look at the individual measures. As I have said, we will discuss with member states and the Commission the process by which we will be able to opt into certain measures, where we choose to do so.

[Sir Roger Gale (North Thanet) (Con)]

My right hon. Friend is right to draw attention to the fact that in some countries, such as France, United Kingdom citizens have been held for long periods without trial, in clear breach of the convention on human rights. Is it not absolutely correct, therefore, that before we go any further down this road, the House should have the opportunity to consider carefully and vote on any extension or further joining of the European arrest warrant?

[Mrs May]

As I set out in my statement, we intend to discuss with various parts of Parliament, including Select Committees such as the European Scrutiny Committee, by what process the House should vote on this issue. We will come back to the House in due course with proposals on how it can express its view on this significant issue of justice and home affairs powers—namely, the package of measures that we might wish to opt into when the time comes.