Arrest warrant gap after Brexit would pose ‘unacceptable risk’

Britain needs an arrangement on the European Arrest Warrant in place for Brexit if it wants to avoid an "unacceptable risk", a Lords report has warned.

The Lords EU Home Affairs Sub-Committee urged the Government to avoid any gap on extradition procedures after the country leaves the European Union in March 2019.

The arrest warrant – which is valid across the bloc and requires a member state to apprehend and transfer a suspect sought by another member state – is widely seen as a success story within the EU.

Committee chairman Lord Jay said that since its introduction "the UK has used the European Arrest Warrant to achieve the extradition of 1,000 individuals back to this country, including several high-profile criminals like Hussain Osman, who attempted to carry out a terror attack on the London Underground in 2005".

But the Lords report expressed concern that a "cliff-edge" situation could occur, noting that the present system is overseen by a body – the European Court of Justice – which the Government insists should have no jurisdiction over UK matters after Brexit.

"An operational gap between the European Arrest Warrant ceasing to apply and a suitable replacement coming into force would pose an unacceptable risk," it said.

The study said Britain could seek a bilateral extradition agreement with the EU that broadly mirrors the current warrant system and contains provisions for mechanism to solve any disputes.

Norway and Iceland have struck such a deal, but the report noted the agreement with the two countries have taken years to negotiate and still has not come into force.

Therefore, the report said that the Government might need to accept the jurisdiction of the ECJ as it seeks a "phased process of implementation" of arrangements. But even this might be difficult to secure, it said.

In the absence of a new system, the UK might need to go back to the 1957 Council of Europe Convention on Extradition. But according to the report, experts said this would be "counter-productive, inefficient, and not an adequate substitute."

Lord Jay said: "Less than three years ago, Theresa May, in her role as home secretary, opted to maintain the UK’s involvement in the European Arrest Warrant, thereby accepting the European Court of Justice’s role in overseeing the European Arrest Warrant.

"She stated that it was in the national interest to retain cooperation with other EU countries in order to keep the British public safe.

"Now as then, the safety of the people of the UK should be the Government’s overriding consideration.

"In March 2017, the Home Secretary, Amber Rudd, said that it was a priority for the Government to ensure that we remain part of the European Arrest Warrant arrangement.

"This is welcome, but it was not clear to the committee how this objective will be compatible with the Government’s plans to remove the jurisdiction of the court of justice, let alone other aspects of the UK’s withdrawal from the European Union."

(c) Sky News 2017: Arrest warrant gap after Brexit would pose ‘unacceptable risk’