Our politicians shouldn't treat European law as a political football. Photo: Getty
Show Hide image

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

Photo:Getty
Show Hide image

Why isn't Labour putting forward Corbynite candidates?

Despite his successes as a candidate, the organisational victories have gone the way of Corbyn's opponents. 

The contest changes, but the result remains the same: Jeremy Corbyn’s preferred candidate defeated in a parliamentary selection. Afzhal Khan is Labour’s candidate in the Manchester Gorton by-election and the overwhelming favourite to be the seat’s next MP.

Although Khan, an MEP, was one of  the minority of Labour’s European MPs to dissent from a letter from the European parliamentary Labour party calling for Jeremy Corbyn to go in the summer of 2016, he backed Andy Burnham and Tom Watson in 2015, and it is widely believed, fairly or unfairly, that Khan had, as one local activist put it, “the brains to know which way the wind was blowing” rather than being a pukka Corbynite.

For the leader’s office, it was a double defeat;  their preferred candidate, Sam Wheeler, was kept off the longlist, when the party’s Corbynsceptics allied with the party’s BAME leadership to draw up an all ethnic minority shortlist, and Yasmine Dar, their back-up option, was narrowly defeated by Khan among members in Manchester Gorton.

But even when the leadership has got its preferred candidate to the contest, they have been defeated. That even happened in Copeland, where the shortlist was drawn up by Corbynites and designed to advantage Rachel Holliday, the leader’s office preferred candidate.

Why does the Labour left keep losing? Supporters combination of bad luck and bad decisions for the defeat.

In Oldham West, where Michael Meacher, a committed supporter of Jeremy Corbyn’s, was succeeded by Jim McMahon, who voted for Liz Kendall, McMahon was seen to be so far ahead that they had no credible chance of stopping him. Rosena Allin-Khan was a near-perfect candidate to hold the seat of Tooting: a doctor at the local hospital, the seat’s largest employer, with links to both the Polish and Pakistani communities that make up the seat’s biggest minority blocs.  Gillian Troughton, who won the Copeland selection, is a respected local councillor.

But the leadership has also made bad decisions, some claim.  The failure to get a candidate in Manchester Gorton was particularly egregious, as one trade unionist puts it: “We all knew that Gerald was not going to make it [until 2020], they had a local boy with good connections to the trade unions, that contest should have been theirs for the taking”. Instead, they lost control of the selection panel because Jeremy Corbyn missed an NEC meeting – the NEC is hung at present as the Corbynsceptics sacrificed their majority of one to retain the chair – and with it their best chance of taking the seat.

Others close to the leadership point out that for the first year of Corbyn’s leadership, the leader’s office was more preoccupied with the struggle for survival than it was with getting more of its people in. Decisions in by-elections were taken on the hop and often in a way that led to problems later down the line. It made sense to keep Mo Azam, from the party’s left, off the shortlist in Oldham West when Labour MPs were worried for their own seats and about the Ukip effect if Labour selected a minority candidate. But that enraged the party’s minority politicians and led directly to the all-ethnic-minority shortlist in Manchester Gorton.

They also point out that the party's councillor base, from where many candidates are drawn, is still largely Corbynsceptic, though they hope that this will change in the next round of local government selections. (Councillors must go through a reselection process at every election.)

But the biggest shift has very little to do with the Labour leadership. The big victories for the Labour left in internal battles under Ed Miliband were the result of Unite and the GMB working together. Now they are, for various reasons, at odds and the GMB has proven significantly better at working shortlists and campaigning for its members to become MPs.  That helps Corbynsceptics. “The reason why so many of the unions supported Jeremy the first time,” one senior Corbynite argues, “Is they wanted to move the Labour party a little bit to the left. They didn’t want a socialist transformation of the Labour party. And actually if you look at the people getting selected they are not Corbynites, but they are not Blairites either, and that’s what the unions wanted.”

Regardless of why, it means that, two years into Corbyn’s leadership, the Labour left finds itself smaller in parliament than it was at the beginning.  

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.