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452174

	registered interest
	date	10/02/2016
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Rowlands
	uin	HL6121
	answer	answer is ministerial correction date of answer 23/02/2016 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> answering member printed Lord Bates question first answered 23/02/2016 17:01:02 answering member 1091 label Biography information for Lord Bates
	tabling member	554 label Biography information for Lord Rowlands

452175

	registered interest
	date	10/02/2016
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Rowlands
	uin	HL6122
	answer	answer is ministerial correction date of answer 23/02/2016 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> answering member printed Lord Bates question first answered 23/02/2016 17:02:31 answering member 1091 label Biography information for Lord Bates
	tabling member	554 label Biography information for Lord Rowlands

433662

	registered interest
	date	02/12/2015
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Vinson
	uin	HL4172
	answer	answer is ministerial correction date of answer 08/12/2015 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> answering member printed Lord Bates question first answered 08/12/2015 15:03:58 answering member 1091 label Biography information for Lord Bates
	tabling member	1807 label Biography information for Lord Vinson

427430

	registered interest
	date	10/11/2015
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Vinson
	uin	HL3477
	answer	answer is ministerial correction date of answer 24/11/2015 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> answering member printed Lord Bates question first answered 24/11/2015 15:27:19 answering member 1091 label Biography information for Lord Bates
	tabling member	1807 label Biography information for Lord Vinson

170068

	registered interest
	date	12/12/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Wade of Chorlton
	uin	HL3703
	answer	answer is ministerial correction date of answer 05/01/2015 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> answering member printed Lord Bates question first answered 05/01/2015 15:45:00 answering member 1091 label Biography information for Lord Bates
	tabling member	1809 label Biography information for Lord Wade of Chorlton

164226

	registered interest
	date	21/11/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Avebury
	uin	HL3056
	answer	answer is ministerial correction date of answer 08/12/2014 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> answering member printed Lord Bates question first answered 08/12/2014 15:41:02 answering member 1091 label Biography information for Lord Bates
	tabling member	1665 label Biography information for Lord Avebury

100054

	registered interest
	date	21/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Inglewood
	uin	HL2260
	answer	answer is ministerial correction date of answer 17/11/2014 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> answering member printed Lord Bates question first answered 17/11/2014 12:19:37 answering member 1091 label Biography information for Lord Bates
	tabling member	1980 label Biography information for Lord Inglewood