As expected by anyone who has been involved
in the debate surrounding the European arrest warrant (EAW) and other crime and
justice cooperation with the EU, the Conservatives have been trying hard to
delay the final vote on staying in.
There seems to have been some kind of
confusion in the Home Office and it emerged yesterday that the vote on the EAW
and other measures will now happen after November 20, the date of the Rochester
and Strood by-election.
If this vote is not held before the date
the opt-out of all measures is enforced, December 1st, the consequences of their
actions could be catastrophic. For example, if the Home Office has not put into
place the transitional measures they promised to negotiate with the EU, to
cover for any delay in opting back in to the EAW and other measures – they
should kick in if we do not have a resolution before December 1st – already
existing EAWs would be open to legal challenge.
Which, of course, means that, for example,
Wikileaks’ Julian Assange, currently taking asylum within the Ecuadorian
Embassy, would be able to walk out without fear of being arrested and
extradited. Assange and any other person with an EAW in their name, would most
likely win any challenges against the issuer/executioner of an EAW in the UK,
since the country would no longer have at their disposal the law instruments to
back up the order. It could cost the UK millions to fight these challenges, fugitives could remain free and suspects of crimes could never face justice.
In spite of the approach of Eurosceptic MPs
and the unnecessary delays caused by the Home Office on the vote, the Home
Secretary, Theresa May, is very aware of the power of this cooperation with the
EU. Only last year, she asked the director of Europol, a Brit, Rob
Wainwright, for advice and support in the investigation into the disappearance of Madeleine
McCann, so she knows the importance of ensuring the opt in happens without major issues.
Two years ago, I was invited to set up a
campaign to stop the Government from abandoning a number of measures of EU
criminal law cooperation, including the EAW.
Justice Across Borders* was founded at the
end of October 2012, with the intent of explaining to the Conservatives and Lib
Dems the consequences of opting out of all of this cooperation.
We worked very hard with EU and UK
politicians, laywers, academics, as well as EU and UK police chiefs to provide
evidence that opting out of instruments such as the EAW and agencies such as
Europol and Eurojust would not only leave us unprotected, it would also make
our ‘judicial’ relationship with other European Union countries unnecessarily
more complicated.
After almost a year of intense campaigning,
negotiating, explaining, giving evidence to committees in both Houses and bringing the
issue to the public eye, we did enough influencing to secure the package of 35
measures - it was then taken to the European Commission and Council for further
negotiation and is now coming back for a vote in both Houses of Parliament.
It is important to note that the EAW is not
the only measure at stake here. The package of 35 measures have returned from
the EU as an unbreakable set – so any calls from Eurosceptic MPs to have a
separate vote on the EAW will most likely be ignored.
As a consequence, their attitude towards
the issue could delay the opt in to extremely important measures, such as (and
I quote the official names) the Council Decision to Combat Child Pornography on
the Internet, the Council decision on Joint Investigation Teams (allows our
police to work efficiently with foreign forces in their territory or ours), and
crucially, the Council Decision on the Establishment of the European Criminal
Records Information System (allows the UK to collect information on previous
convictions of people coming into the country and vice versa). The full list of
measures can be found here.
Any delay in continuing to participate in
these measures could mean a delay in investigations, joint actions and
operations - a delay in catching criminals and keeping the UK safe.
*Justice Across Borders became a registered charity supporting victims of serious crime abroad and subsequently ended its activities in May 2014.