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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

1017041

registered interest
date	28/11/2018
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 continued UK participation in the European Arrest Warrant is subject to the outcome of future negotiations; and which countries currently have legislative or constitutional restrictions on extradition to countries outside the EU.
tabling member printed	Lord Bowness
uin	HL11886
answer	answer is ministerial correction date of answer 12/12/2018 answer text <p>The UK is seeking a comprehensive security relationship which preserves mutually important operational capabilities whilst allowing the UK and EU to continue to work together to combat fast evolving security threats.</p><p>The Political Declaration, published on 26 November 2018, unequivocally recognises that both the UK and the EU need a strong future relationship on internal security given the shared threats we face, our geographical proximity, and the need to continue to protect all of our citizens from harm. The text specifically reflects that the UK and EU have agreed extradition as a priority area for our future cooperation.</p><p>It will be for Member States to determine how they implement their rights and obligations under the Withdrawal Agreement or, in a no deal scenario, how they operate the 1957 European Convention on Extradition.</p> answering member printed Baroness Williams of Trafford question first answered 12/12/2018 17:13:51 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	3496 label Biography information for Lord Bowness

1024841

registered interest
date	13/12/2018
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 Baroness Williams of Trafford on 12 December (HL11886), how many EU member states currently have constitutional or legislative provisions which would prevent extradition under a European Arrest Warrant to a non-EU member state; and how many EU member states replaced the provisions of the European Convention on Extradition when the provisions of the European Arrest Warrant came into force.
tabling member printed	Lord Bowness
uin	HL12282
answer	answer is ministerial correction date of answer 07/01/2019 answer text <p>There is no precedent for a non-EU Member State to operate the European Arrest Warrant. It will be for Member States to determine how they implement their rights and obligations under the Withdrawal Agreement in the context of their domestic law. It would not be appropriate for the UK government to speculate publicly about individual Member States’ intentions in this regard.</p><p>After the entry into force of the European Arrest Warrant, all Member States of the European Union have remained parties to the European Convention on Extradition and continue to operate it with other Council of Europe members who are not Member States of the EU.</p> answering member printed Baroness Williams of Trafford question first answered 07/01/2019 17:01:58 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	3496 label Biography information for Lord Bowness

1042081

registered interest
date	15/01/2019
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 how many European arrest warrants the UK has issued in each of the last five years.
tabling member printed	Lord Bradley
uin	HL12826
answer	answer is ministerial correction date of answer 29/01/2019 answer text <p>The Home Office does not hold the information requested.</p><p>However, statistics on the European Arrest Warrant are published by the National Crime Agency each year. These figures include a breakdown of the numbers of requests made by the UK.</p><p>These figures are published at:</p><p><a href="http://www.nationalcrimeagency.gov.uk/publications/european-arrest-warrant-statistics" target="_blank">http://www.nationalcrimeagency.gov.uk/publications/european-arrest-warrant-statistics</a></p> answering member printed Baroness Williams of Trafford question first answered 29/01/2019 16:35:07 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	452 label Biography information for Lord Bradley

1237321

registered interest
date	23/09/2020
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, how many UK citizens have been extradited from the UK under the European Arrest Warrant; how long, on average, those citizens spend in custody before trial; how many such citizens were found to be not guilty; how much compensation has been paid to those found not guilty; and in each case, who paid that compensation.
tabling member printed	Lord Pearson of Rannoch
uin	HL8423
answer	answer is ministerial correction date of answer 07/10/2020 answer text <p>The Home Office does not hold the information requested.</p><p>However, some statistics on the European Arrest Warrant are published by the National Crime Agency each year. These figures include a breakdown of the numbers of UK citizens extradited from the UK.</p><p>These figures are published at:</p><p>https://nationalcrimeagency.gov.uk/what-we-do/how-we-work/providing-specialist-capabilities-for-law-enforcement/fugitives-and-international-crime/european-arrest-warrants</p><p>Compensation is not paid to individuals who have stood trial for a criminal offence and have been found not guilty.</p> answering member printed Baroness Williams of Trafford question first answered 07/10/2020 16:36:18 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	3153 label Biography information for Lord Pearson of Rannoch

1237322

registered interest
date	23/09/2020
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 a UK citizen could be extradited under the European Arrest Warrant after the end of the transition period; and if so, why.
tabling member printed	Lord Pearson of Rannoch
uin	HL8424
answer	answer is ministerial correction date of answer 07/10/2020 answer text <p><del class="ministerial">The Home Office does not hold the information requested.</del></p><p><del class="ministerial">However, some statistics on the European Arrest Warrant are published by the National Crime Agency each year. These figures include a breakdown of the numbers of UK citizens extradited from the UK.</del></p><p><del class="ministerial">These figures are published at:</del></p><p><del class="ministerial">https://nationalcrimeagency.gov.uk/what-we-do/how-we-work/providing-specialist-capabilities-for-law-enforcement/fugitives-and-international-crime/european-arrest-warrants</del></p><p><del class="ministerial">Compensation is not paid to individuals who have stood trial for a criminal offence and have been found not guilty.</del></p><p><ins class="ministerial">The Withdrawal Agreement provides that procedures under the European Arrest Warrant Framework Decision will continue to conclusion only in circumstances where an arrest has already been made prior to the end of the Transition Period. The UK has a longstanding policy of not distinguishing between UK nationals and others in extradition proceedings.</ins></p><p> </p> answering member printed Baroness Williams of Trafford question first answered 07/10/2020 16:36:44 question first ministerially corrected 09/10/2020 12:02:12 answering member 4311 label Biography information for Baroness Williams of Trafford previous answer version 52639 answering member printed Baroness Williams of Trafford answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	3153 label Biography information for Lord Pearson of Rannoch

1252988

registered interest
date	17/11/2020
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 Baroness Williams of Trafford on 7 October (HL8424), whether they intend any extradition from the UK to any EU jurisdiction after the end of transition period to be possible only with a court ruling that there is a prima facie case to answer; and if not, why not.
tabling member printed	Lord Pearson of Rannoch
uin	HL10440
answer	answer is ministerial correction date of answer 01/12/2020 answer text <p>There is no intention for extradition to any EU jurisdiction after the end of transition period to be made subject to a court ruling that there is a prima facie case.</p><p>In the absence of an agreement on Law Enforcement and Criminal Justice with the European Union, the UK’s extradition relations with EU Member States would be governed by the European Convention on Extradition 1957 and its Additional Protocols. The prima facie evidence requirement for extradition requests from States which are parties to the European Convention on Extradition was removed when the Convention came into force in the UK in May 1991. To introduce a prima facie case requirement would be incompatible with the Convention.</p><p>The Government’s approach to negotiations with the EU provides for extradition arrangements which are more streamlined than the European Convention on Extradition. The Government has not sought to introduce a prima facie case requirement, as to do so would render future arrangements with the EU less effective at bringing fugitives to justice than the Convention.</p> answering member printed Baroness Williams of Trafford question first answered 01/12/2020 17:50:49 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	3153 label Biography information for Lord Pearson of Rannoch

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

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

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