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100054
star this property registered interest false more like this
star this property date less than 2014-10-21more like thismore than 2014-10-21
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
unstar this property hansard heading European Arrest Warrants remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government, in the event of the United Kingdom not opting back into the provisions of the European Arrest Warrant, which member states still have on their statute books the legislation necessary to revert to the Council of Europe Convention on Extradition 1957. more like this
star this property tabling member printed
Lord Inglewood more like this
star this property uin HL2260 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2014-11-17more like thismore than 2014-11-17
star this property answer text <p>All EU member states have ratified the 1957 Council of Europe Convention on Extradition (ECE). Consequently, they will all have legislation that allows them to operate the ECE with other ECE signatories who do not use the Arrest Warrant. However, a number of EU member states have subsequently passed specific legislation to implement the Arrest Warrant and would need to pass new domestic legislation in order to allow them to operate the ECE with the UK. In some cases, this could be a lengthy process. For example, we believe that it would take the Netherlands at least a year to pass the necessary legislation and during this time they would not be able to issue extradition requests to the UK, or respond to UK extradition requests. Effectively, this would make both countries a safe haven for each others’ criminals.<br><br>Under the 1957 European Convention on Extradition, 22 Member States may also refuse to extradite its own nationals which means that some people may never face justice. In non-European Arrest Warrant cases, the following EU Member States have an absolute bar on extraditing their own nationals to the UK:<br><br>Austria<br>Belgium<br>Czech Republic<br>Finland <br>France<br>Germany<br>Greece<br>Latvia<br>Luxembourg<br>Slovakia<br>Slovenia<br>Spain<br>Sweden<br><br>A further nine have made declarations to the 1957 European Convention on Extradition to the effect that they will not extradite their own nationals:<br><br>Bulgaria<br>Croatia<br>Cyprus<br>Estonia<br>Hungary<br>Lithuania<br>Poland<br>Portugal<br>Romania</p><p> </p>
star this property answering member printed Lord Bates more like this
star this property question first answered
less than 2014-11-17T12:19:37.777Zmore like thismore than 2014-11-17T12:19:37.777Z
star this property answering member
1091
star this property label Biography information for Lord Bates remove filter
star this property tabling member
1980
star this property label Biography information for Lord Inglewood more like this
164226
star this property registered interest false more like this
star this property date less than 2014-11-21more like thismore than 2014-11-21
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
unstar this property hansard heading European Arrest Warrants remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government whether they agree with the proposals by Fair Trials International for reform of the European Arrest Warrant; and what is their assessment of the prospect for reaching agreement on those reforms in Brussels. more like this
star this property tabling member printed
Lord Avebury more like this
star this property uin HL3056 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2014-12-08more like thismore than 2014-12-08
star this property answer text <p>The Government agrees with the proposals of Fair Trials International (FTI) in their May 2011 report on the Arrest Warrant insofar as it agrees that appropriate safeguards should be in place for those subject to extradition proceedings.</p><p>In particular, the Government agrees with FTI that both the issuing and the executing authorities should consider seriously the question of proportionality as it relates to the Arrest Warrant. That is why this year the Government made significant reforms to the Extradition Act 2003 in the Anti-social Behaviour Crime and Policing Act 2014 to ensure that a UK judge must consider whether the alleged conduct and likely sentence a person will receive if extradited and convicted is sufficiently serious to make the person’s extradition proportionate. This is complemented by an administrative proportionality check, undertaken by the National Crime Agency (NCA), which identifies the most trivial requests when they are first received and refuses to certify them.</p><p>Since the measures were commenced on 21 July 2014, 21 Arrest Warrants have been refused by the NCA on proportionality grounds.</p><p>These changes are all designed to ensure that UK citizens benefit from adequate protections whilst allowing our police and prosecutors to benefit from the Arrest Warrant in the fight against crime.</p><p>It should also be noted that the Second Generation of the Schengen Information System (SIS II) requires Member States to consider the question of proportionality before uploading an Arrest Warrant to that system for transmission. Therefore, when the UK connects to SIS II there will be a legal requirement on all other Member States operating SIS II to consider proportionality before transmitting an Arrest Warrant to the UK. The Government expects to connect to SIS II in the coming months.</p><p>The Government also agrees with FTI that, in general, where an executing authority has refused an Arrest Warrant the issuing authority should withdraw the Arrest Warrant if it has also been sent to other Member States. SIS II will allow refused Arrest Warrants to be ‘flagged’ on this system, notifying other Member States that a case has been refused. Thus, if a UK court refuses an Arrest Warrant all other Member States using SIS II will be made aware of this fact.</p><p>The Government also agrees with FTI that the executing States should seek from issuing States further information and guarantees, before deciding whether to execute Arrest Warrants in cases where evidence has been adduced of a serious risk of infringement of fundamental rights. UK courts can and do seek such guarantees (e.g. assurances as to prison conditions).</p><p>The Government also agrees with FTI that those subject to Arrest Warrants should receive legal representation in the executing State, if they so wish. Where the individual concerned seeks legal advice and representation for proceedings in the issuing State, any application should be made in accordance with the rules governing the provision of such services in the issuing State.</p><p>On 6 October 2014, new EU Justice Commissioner, Vera Jourová, said, &quot;re-opening the [Arrest Warrant] at this point in time could be counter-productive, given</p><p>the divergent views which could be expressed in the Council. I am of the opinion that we should focus on implementing already adopted legislation, on getting the instruments still on the table adopted as soon as possible and on improving cooperation between national authorities&quot;. As such, it seems unlikely the Commission intends to bring forward any proposals in the short-term.</p><p>That is why we have put in place new safeguards in UK law.</p><p> </p>
star this property answering member printed Lord Bates more like this
star this property question first answered
less than 2014-12-08T15:41:02.577Zmore like thismore than 2014-12-08T15:41:02.577Z
star this property answering member
1091
star this property label Biography information for Lord Bates remove filter
star this property tabling member
1665
star this property label Biography information for Lord Avebury more like this
170068
star this property registered interest false more like this
star this property date less than 2014-12-12more like thismore than 2014-12-12
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
unstar this property hansard heading European Arrest Warrants remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government what assessment they have made of the impact of the European Arrest Warrant on the application of habeas corpus. more like this
star this property tabling member printed
Lord Wade of Chorlton more like this
star this property uin HL3703 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2015-01-05more like thismore than 2015-01-05
star this property answer text <p>Part 1 of the Extradition Act 2003 implemented the European Arrest Warrant. We are clear that the remedy of Habeas Corpus still exists in cases involving the European Arrest Warrant.</p><p>The issue of Habeas Corpus was discussed during the passage of the Act through Parliament in 2003 and has been ruled on by the courts, with both making it clear that the remedy remains available in EAW cases.</p><p>For example, Lord Justice Baker concluded in the matter of Nikonovs v Governor of Brixton Prison [2006] that &quot;In my view the passages from Hansard that I have cited make the answer clear beyond a peradventure ... In my judgment the remedy is available&quot;.</p><p> </p> more like this
star this property answering member printed Lord Bates more like this
star this property question first answered
less than 2015-01-05T15:45:00.307Zmore like thismore than 2015-01-05T15:45:00.307Z
star this property answering member
1091
star this property label Biography information for Lord Bates remove filter
star this property tabling member
1809
star this property label Biography information for Lord Wade of Chorlton more like this
427430
star this property registered interest false more like this
star this property date less than 2015-11-10more like thismore than 2015-11-10
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
unstar this property hansard heading European Arrest Warrants remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government, for the last 12-month period for which figures are available, how many applications have been made under the European Arrest Warrant for prosecution of British nationals overseas, and of those, how many have been (1) agreed to, and (2) rejected. more like this
star this property tabling member printed
Lord Vinson more like this
star this property uin HL3477 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2015-11-24more like thismore than 2015-11-24
star this property answer text <p>In the 2014/15 business year the National Crime Agency (NCA) received 127 European Arrest Warrants for British citizens. During the same period 40 British citizens were extradited under an EAW.</p><p>The number of EAWs for British citizens which resulted in a discharge by the courts during this same period is not held centrally.</p> more like this
star this property answering member printed Lord Bates more like this
star this property question first answered
less than 2015-11-24T15:27:19.263Zmore like thismore than 2015-11-24T15:27:19.263Z
star this property answering member
1091
star this property label Biography information for Lord Bates remove filter
star this property tabling member
1807
star this property label Biography information for Lord Vinson more like this
433662
star this property registered interest false more like this
star this property date less than 2015-12-02more like thismore than 2015-12-02
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
unstar this property hansard heading European Arrest Warrants remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government, further to the Written Answer by Lord Bates on 24 November (HL3477), what is the breakdown by category of offence of those 127 applications for a European Arrest Warrant and 40 British citizens extradited. more like this
star this property tabling member printed
Lord Vinson more like this
star this property uin HL4172 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2015-12-08more like thismore than 2015-12-08
star this property answer text <p>A breakdown of the offences is set out in the table below. These only relate to the principal offences listed on the warrants, as other offences may be listed:</p><table><tbody><tr><td colspan="2"><p>Offences listed on EAW requests for British Citizens</p></td></tr><tr><td><p>Principal offence</p></td><td><p>2014-15</p></td></tr><tr><td><p>Arson</p></td><td><p>2</p></td></tr><tr><td><p>Assault Occasioning Actual Bodily Harm</p></td><td><p>5</p></td></tr><tr><td><p>Burglary</p></td><td><p>3</p></td></tr><tr><td><p>Child Sex Offences</p></td><td><p>4</p></td></tr><tr><td><p>Counterfeit Currency</p></td><td><p>2</p></td></tr><tr><td><p>Death by Dangerous driving</p></td><td><p>1</p></td></tr><tr><td><p>Driving Whilst Disqualified</p></td><td><p>1</p></td></tr><tr><td><p>Drugs Offences</p></td><td><p>33</p></td></tr><tr><td><p>E-Crime</p></td><td><p>1</p></td></tr><tr><td><p>Evasion of Duty - over £100,000</p></td><td><p>3</p></td></tr><tr><td><p>Forgery - Not Currency</p></td><td><p>3</p></td></tr><tr><td><p>Fraud</p></td><td><p>33</p></td></tr><tr><td><p>Immigration &amp; Human Trafficking</p></td><td><p>7</p></td></tr><tr><td><p>Money Laundering</p></td><td><p>1</p></td></tr><tr><td><p>Murder/Manslaughter</p></td><td><p>5</p></td></tr><tr><td><p>Organised Crime</p></td><td><p>6</p></td></tr><tr><td><p>Other</p></td><td><p>2</p></td></tr><tr><td><p>Parental Abduction</p></td><td><p>1</p></td></tr><tr><td><p>Possession of a Firearm</p></td><td><p>1</p></td></tr><tr><td><p>Public Order</p></td><td><p>1</p></td></tr><tr><td><p>Rape</p></td><td><p>3</p></td></tr><tr><td><p>Serious Assault/Grievous Bodily Harm</p></td><td><p>5</p></td></tr><tr><td><p>Serious Sexual Assault</p></td><td><p>2</p></td></tr><tr><td><p>Theft</p></td><td><p>2</p></td></tr><tr><td><p><strong>Total</strong></p></td><td><p><strong>127</strong></p></td></tr></tbody></table><br /><table><tbody><tr><td colspan="2"><p>Offences for which British Citizens were extradited</p></td></tr><tr><td><p>Principal offence</p></td><td><p>2014-15</p></td></tr><tr><td><p>Armed Robbery</p></td><td><p>1</p></td></tr><tr><td><p>Assault Occasioning Actual Bodily Harm</p></td><td><p>3</p></td></tr><tr><td><p>Drugs Offences</p></td><td><p>10</p></td></tr><tr><td><p>Evasion of Duty - over £100,000</p></td><td><p>1</p></td></tr><tr><td><p>Fraud</p></td><td><p>12</p></td></tr><tr><td><p>Immigration &amp; Human Trafficking</p></td><td><p>3</p></td></tr><tr><td><p>Murder/Manslaughter</p></td><td><p>4</p></td></tr><tr><td><p>Other</p></td><td><p>1</p></td></tr><tr><td><p>Rape</p></td><td><p>1</p></td></tr><tr><td><p>Serious Assault/Grievous Bodily Harm</p></td><td><p>3</p></td></tr><tr><td><p>Serious Sexual Assault</p></td><td><p>1</p></td></tr><tr><td><p><strong>Total</strong></p></td><td><p><strong>40</strong></p></td></tr></tbody></table>
star this property answering member printed Lord Bates more like this
star this property question first answered
less than 2015-12-08T15:03:58.03Zmore like thismore than 2015-12-08T15:03:58.03Z
star this property answering member
1091
star this property label Biography information for Lord Bates remove filter
star this property tabling member
1807
star this property label Biography information for Lord Vinson more like this
452174
star this property registered interest false more like this
star this property date less than 2016-02-10more like thismore than 2016-02-10
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
unstar this property hansard heading European Arrest Warrants remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government what discussions they have had with the European Commission on when their revision of the European Arrest Warrant handbook will be issued. more like this
star this property tabling member printed
Lord Rowlands more like this
star this property uin HL6121 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2016-02-23more like thismore than 2016-02-23
star this property answer text <p>We continue to press the European Commission to revise the European Arrest Warrant handbook as soon as possible, in particular as it relates to proportionality. We have done so through both working groups in Brussels and bilateral contact.</p> more like this
star this property answering member printed Lord Bates more like this
star this property question first answered
less than 2016-02-23T17:01:02.36Zmore like thismore than 2016-02-23T17:01:02.36Z
star this property answering member
1091
star this property label Biography information for Lord Bates remove filter
star this property tabling member
554
star this property label Biography information for Lord Rowlands more like this
452175
star this property registered interest false more like this
star this property date less than 2016-02-10more like thismore than 2016-02-10
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
unstar this property hansard heading European Arrest Warrants remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government what information they have on how many European Arrest Warrants were sought by individual member states in 2015, and how many were executed. more like this
star this property tabling member printed
Lord Rowlands more like this
star this property uin HL6122 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2016-02-23more like thismore than 2016-02-23
star this property answer text <p>Figures for 2015 calendar year are not yet available. They will be released by the National Crime Agency when they have been verified later in the year. Figures for previous years are publically available at the National Crime Agency’s website at: http://www.nationalcrimeagency.gov.uk/publications/european-arrest-warrant-statistics</p> more like this
star this property answering member printed Lord Bates more like this
star this property question first answered
less than 2016-02-23T17:02:31.827Zmore like thismore than 2016-02-23T17:02:31.827Z
star this property answering member
1091
star this property label Biography information for Lord Bates remove filter
star this property tabling member
554
star this property label Biography information for Lord Rowlands more like this