Our politicians shouldn't treat European law as a political football. Photo: Getty
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Politicisation of the European Arrest Warrant is dangerous and unnecessary

We need clarity on the European Arrest Warrant so that this logical and useful legal instrument does not fall victim to an emotive political bun fight.

The political storm surrounding the "on again off again" parliamentary vote on the European Arrest Warrant (EAW) underlines the complexity of an issue which is not easily defined in right versus left terms.

It is surprising that politicians for whom law and order is high on the agenda would object to a measure that has been used to extradite nearly 250 suspected rapists, murderers and child sex offenders. Such red meat for the red tops should, one would expect, be enough to bring even the most troublesome members along.

The reality is more complex. The European Arrest Warrant goes to the heart of two separate but interrelated questions. Firstly, to what extent does the EAW degrade or diminish civil liberties for UK citizens? Secondly, is it a worth further drain of sovereignty from Westminster to Brussels?

These are legitimate questions, and it is important that we provide clarity so that a logical and useful legal instrument does not fall victim to an emotive political bun fight.

Legislation governing the European Arrest Warrant was adopted in the aftermath of the 9/11 terrorist attacks. The context of the time demanded that governments should be able to move much more swiftly to combat the risk of criminality generally and terrorism particularly. The aim of the EAW was to greatly speed up extradition proceedings between EU Member states, and to remove legal and practical obstacles to judicial cooperation.

In EU terms, the legislation itself was enacted with remarkable speed. Proposed in 2001, it was adopted the following year under the European Arrest Warrant Framework Decision.

The result was a greatly simplified system of extradition, governed by mutual recognition of judicial decisions. The system operates on the basis of maximum trust, minimum formality, and utmost speed.

The European Arrest Warrant has been effective in many of its aims, and has had some notable and high-profile successes. The impact of the legislation has been seen most clearly in the area of streamlined and speedy judicial cooperation between Member States. In 2012, Jeremy Forrest, who was arrested in France on suspicion of having an affair with a 15-year-old Sussex school girl, faced swift and successful extradition proceedings under the European Arrest Warrant System. He was extradited to the UK, where he was convicted the following year.

In 2005, Osman Hussain – a suspect in the failed London Bombings – was arrested in Rome eight days after the botched attack. He faced immediate extradition proceedings in Italy and was transferred to the UK in September.

That said, high-profile successes do not necessarily equate to good law. The speed with which the European Arrest Warrant can be enacted is undoubtedly a double-edged sword.

Human rights groups expressed concerns about the operation of the system, particularly regarding the protection of the rights of persons whose extradition has been sought. Many criticised the length of detention in EU prisons for suspects awaiting trial, problems with securing a fair trial, and the conditions to which suspects were subjected.

In response to these concerns, the EU introduced a series of measures to strengthen the rights of citizens who are subject to a European Arrest Warrant. The European Supervision Order – to which the UK sensibly subscribes - now provides mutual recognition of bail decisions, while suspects are guaranteed access to lawyers, translators, and interpreters.

Regrettably though, the United Kingdom does not participate in the European directive on access to a lawyer in criminal proceedings. This rather unedifying situation undermines the human rights infrastructure which is so crucial to the maintenance of credibility for the European Arrest Warrant. While the system has, on the one hand, provided Member State governments with a sharp judicial instrument, it should – on the other – be accompanied by ethical and rights based checks and balances.

What of concerns about handing over more sovereignty to Brussels?

It seems as if much of the rhetoric around this point addresses politics more than it does the legal system. The decision in 2013 to opt-out of all 133 EU police and criminal justice measures was – from the perspective of Eurosceptic MPs, something of a victory. The decision, one year later, to opt back in to 35 of those measures may then, seem a bit meek.

It is, however, entirely sensible. Yes, EU institutions, including the Court of Justice and the Commission, will have a greater role in UK criminal justice after December 2014. Does this weaken our hand? The evidence suggests not. The average length of time that it takes to extradite a non-consensual suspect has been cut from more than a year to fewer than 50 days. The idea that lawmakers would prefer to revert to individual extradition agreements is a strange one indeed.

Concerns around sovereignty are misplaced and over-politicisation is dangerous. Human rights concerns should be addressed on an ongoing basis, with full engagement and participation by the UK in the existing protections for suspects.

Professor Valsamis Mitsilegas is head of the Department of Law, Professor of European Criminal Law and Director of the Criminal Justice Centre at Queen Mary University of London. From 2001 to 2005 he was legal adviser to the House of Lords European Union Committee

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The deafening killer - why noise will be the next great pollution scandal

A growing body of evidence shows that noise can have serious health impacts too. 

Our cities are being poisoned by a toxin that surrounds us day and night. It eats away at our brains, hurts our hearts, clutches at our sleep, and gnaws at the quality of our daily lives.

Hardly a silent killer, it gets short shrift compared to the well-publicised terrors of air pollution and sugars food. It is the dull, thumping, stultifying drum-beat of perpetual noise.

The score that accompanies city life is brutal and constant. It disrupts the everyday: The coffee break ruined by the screech of a line of double decker buses braking at the lights. The lawyer’s conference call broken by drilling as she makes her way to the office. The writer’s struggle to find a quiet corner to pen his latest article.

For city-dwellers, it’s all-consuming and impossible to avoid. Construction, traffic, the whirring of machinery, the neighbour’s stereo. Even at home, the beeps and buzzes made by washing machines, fridges, and phones all serve to distract and unsettle.

But the never-ending noisiness of city life is far more than a problem of aesthetics. A growing body of evidence shows that noise can have serious health impacts too. Recent studies have linked noise pollution to hearing loss, sleep deprivation, hypertension, heart disease, brain development, and even increased risk of dementia.

One research team compared families living on different stories of the same building in Manhattan to isolate the impact of noise on health and education. They found children in lower, noisier floors were worse at reading than their higher-up peers, an effect that was most pronounced for children who had lived in the building for longest.

Those studies have been replicated for the impact of aircraft noise with similar results. Not only does noise cause higher blood pressure and worsens quality of sleep, it also stymies pupils trying to concentrate in class.

As with many forms of pollution, the poorest are typically the hardest hit. The worst-off in any city often live by busy roads in poorly-insulated houses or flats, cheek by jowl with packed-in neighbours.

The US Department of Transport recently mapped road and aircraft noise across the United States. Predictably, the loudest areas overlapped with some of the country’s most deprived. Those included the south side of Atlanta and the lowest-income areas of LA and Seattle.

Yet as noise pollution grows in line with road and air traffic and rising urban density, public policy has turned a blind eye.

Council noise response services, formally a 24-hour defence against neighbourly disputes, have fallen victim to local government cuts. Decisions on airport expansion and road development pay scant regard to their audible impact. Political platforms remain silent on the loudest poison.

This is odd at a time when we have never had more tools at our disposal to deal with the issue. Electric Vehicles are practically noise-less, yet noise rarely features in the arguments for their adoption. Just replacing today’s bus fleet would transform city centres; doing the same for taxis and trucks would amount to a revolution.

Vehicles are just the start. Millions were spent on a programme of “Warm Homes”; what about “Quiet Homes”? How did we value the noise impact in the decision to build a third runway at Heathrow, and how do we compensate people now that it’s going ahead?

Construction is a major driver of decibels. Should builders compensate “noise victims” for over-drilling? Or could regulation push equipment manufacturers to find new ways to dampen the sound of their kit?

Of course, none of this addresses the noise pollution we impose on ourselves. The bars and clubs we choose to visit or the music we stick in our ears. Whether pumping dance tracks in spin classes or indie rock in trendy coffee shops, people’s desire to compensate for bad noise out there by playing louder noise in here is hard to control for.

The Clean Air Act of 1956 heralded a new era of city life, one where smog and grime gave way to clear skies and clearer lungs. That fight still goes on today.

But some day, we will turn our attention to our clogged-up airwaves. The decibels will fall. #Twitter will give way to twitter. And every now and again, as we step from our homes into city life, we may just hear the sweetest sound of all. Silence.

Adam Swersky is a councillor in Harrow and is cabinet member for finance. He writes in a personal capacity.