Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 7
7
Paragraph: 57
The new extradition arrangements agreed between the UK and EU include some important differences from...
Recommendation
The new extradition arrangements agreed between the UK and EU include some important differences from the European Arrest Warrant. The Trade and Co- operation Agreement introduces a political offence exception and allows states to refuse to extradite their own nationals. There is a requirement to establish double criminality, which can be waived in defined circumstances, although the Government has no plans to do so. Those differences should not significantly affect extradition processes between the UK and Ireland. However, the speed of extradition between the UK and Ireland may be slowed in some cases, if there is a requirement to establish double criminality as part of the process of suspect surrender. The Government must commission a review of the effect of the new extradition arrangements after they have been in force for two years. Research on the effect of the need to establish double criminality on the speed of extradition processes between the UK and Ireland should form part of this review.
Paragraph Reference:
57
Government Response
Acknowledged
HM Government
Acknowledged
The extradition arrangements in the TCA are intended to be as fast and effective as those under the European Arrest Warrant, while providing greater safeguards for those who are arrested. The arrangements are based on the exchange of warrants between judicial authorities, which is similar to the arrangements in place between the EU and Norway and Iceland, and contain identical time limits to those under the European Arrest Warrant Framework Decision. Regarding dual criminality, it is an important principle of judicial cooperation and ensures that a person will not be extradited to an EU country for an offence which is not an offence in the UK. The UK and other EU criminal justice systems criminalise behaviour in very similar ways, so this will not have a bearing on most cases. Under the extradition arrangements we would therefore expect cooperation between the UK and Ireland on extradition to proceed largely as it did before the end of the Transition Period. We will continue to work closely with domestic operational partners and our partners in the EU to monitor the operation of the arrangements and will take steps to address any issues should they arise.