Lords, Faculty join backing for European arrest warrant

The Faculty of Advocates, and the House of Lords Committee on Extradition Law, have both added their weight to the United Kingdom opting in to the European arrest warrant – the system for obtaining expedited transfer of criminal suspects between EU member states – ahead of the crucial House of Commons vote today (10 November).

They join the 44 leading figures in the law, including the Presidents of the Law Society of Scotland and the Law Society of England & Wales, and the former President of the UK Supreme Court, who last week signed an open letter supporting the UK's continued participation, as there was “no credible alternative to the EAW”. (Click here for report.)

Today the Lords committee published a short report on the EAW, following last week’s evidence session with Baroness Ludford, who supports the opt-in, and Jacob Rees-Mogg MP, who wishes to have a system that does not come under the competence of the European Union.

The committee’s view is that the UK’s must have effective extradition arrangements with the EU, which the EAW currently provides. Although alternative arrangements have been proposed, they each raise substantial political and legal questions that would need to be answered. If the UK were to allow its opt-out to come into effect in early December these questions would become acute and would require urgent answers.

Committee chairman Lord Inglewood commented: “The arguments about whether to opt back into the European Arrest Warrant have become inextricably tangled with the longer term issue of the UK’s EU membership. The immediate issue is whether or not to opt back into the EAW within the month.

“It is obvious from the evidence we have heard this week, and in our wider inquiry, that the EAW system requires much improvement. If the UK opts back in, we would urge the Government to work with our European partners to improve the EAW as a matter of priority.

“It is unarguable that the UK must have effective extradition arrangements with other member states; despite its flaws, the EAW provides this. The other possible ways mentioned in the evidence of achieving such extradition all face substantive, possibly fatal, political and legal uncertainties. If the UK leaves the EAW, it is not clear how it could be replaced and how a protection gap could be avoided. Speaking personally, I cannot see a realistic alternative to opting back in to the EAW now.”

"Essential"

Also lending its support to the EAW system, the Faculty described it as “an essential weapon in the fight against crime”.

James Wolffe, QC, Dean of Faculty, said: “Without it, the process of bringing criminals to justice across borders would be more difficult.

“In the modern world, where people, goods and capital move ever more freely, it is essential that there should be effective measures for co-operation in the field of criminal justice between the police and prosecuting authorities of different countries.

“Within the EU, the European arrest warrant is one such measure. Without it, there is a risk that the United Kingdom could become a haven for persons accused of crime in other member states.”

The cabinet supports the UK's opt-in but faces a backbench rebellion by Conservative MPs.