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Row looms over EU warrant

Ministers have unveiled legislation incorporating the controversial European Arrest Warrant.

Bob Ainsworth said that the government's new Extradition Bill is a long overdue overhaul of 19th century justice.

Opposition critics of the EAW are to raise "fundamental concerns" with the new law.

Conservatives and Lib Dems will say that the Europe wide warrant could see British citizens arrested for offences that are not crime under UK law.

Home Office ministers claim that new laws will ensure that the UK's "archaic" extradition procedures were radically overhauled.

Ainsworth argues that reform will overcome the "sheer stupidity" of the current arrangements.

"We're streamlining our own cumbersome extradition process by reducing the opportunities for deliberate exploitation of the system, which does occur and at the expense of the British taxpayer," he said.

Ministers claim it can take up to six years to extradite someone from the UK - a delay which causes "frustration and upset" to victims and their families.

But the scope of the warrant has set alarm bells ringing in the UK and across Europe.

The principle of "dual criminality" is to be scrapped, allowing the Home Office to surrender fugitives on the basis of offences that are not a crime under UK law.

Under the measure, EU citizens can be extradited immediately or within three month maximum period for a range of offences even if court procedures, legal definitions and penalties differ from country to country.

A warrant can be issued in any EU country's prosecuting office, obliging all European police forces to find and arrest suspects for almost immediate extradition to the issuing country.

One of the proposed offences covered by the warrant is "racism" - raising the prospect of conflicting national laws on free speech.

The UK allows "holocaust denial", which is a criminal offence in Germany and France.

And the proposed change in the law has raised concerns that freedom of expression could be limited "by the backdoor".

Opposition parties said they will seek to defeat the controversial elements of the bill.

Whilst the Commons is likely to pass any legislation, a powerful combination of crossbench, Lib Dem and Tory peers could inflict defeat in the House of Lords.

The shadow home secretary, Oliver Letwin, accepts that governments should be able to deport terrorists who have committed a crime in another country but is otherwise "deeply sceptical".

"We are deeply sceptical about the government's proposals. We accept that the authorities must have the power to detain terrorist suspects in one country for crimes they have committed in another," he said.

"We will vigorously oppose any new powers to arrest and deport British citizens for activities that are not crimes here in the UK - and any measures that compromise the presumption of innocence or habeas corpus."

The Liberal Democrats have also raised concerns about the draft legislation.

Simon Hughes, the party's home affairs spokesman, said the change "must be considered in a constructive and careful way".

"Liberal Democrats will be determined not to allow the liberties of the defendant, or weak procedural safeguards, to become acceptable alternatives to proper, internationally respected processes of justice," he said.

Liberty, the human rights campaign group, believes the warrant could "wipe out" British justice.

"Before people - who may well be innocent - are taken away from their homes to a foreign prison, under foreign laws, British courts should continue to be able to assess the strength of evidence against a person," said Liberty director, John Wadham.

"Reducing appeals puts that process at risk: the EU arrest warrant practically destroys it."

"Similarly, no-one will check whether there is evidence to support extradition requests from non-EU countries."

During yesterday's Queen's Speech the Home Office signalled that it will work more closely with its EU counterparts.

"The UK is serious about fighting crime in Europe - crime doesn't stop at national boundaries. This means working more closely with EU partners, getting rid of the procedural blockages that hinder cross-border investigations," said the Home Office.

"Justice and Home Affairs Councils are widely seen, both in Europe and in Whitehall, as a policy forum where the UK has a key contribution to make."

And Westminster insiders believe that the home secretary is set to resurrect proposals to allow EU justice and home affairs council decisions to be introduced into UK law via statutory legislation.

A move in that direction was an early casualty in the battle over Blunkett's anti-terror legislation in 2001.

Champions of parliamentary sovereignty will argue that such a measure could see the introduction of tough laws without Commons scrutiny.

Developments such as the EU's push to outlaw racism could have free speech implications for the UK and opposition MPs and peers will block any shift to a "backdoor" secondary legislation approach.

Opposition leaders have warned that the proposals will be gutted at Westminster.

Oliver Letwin has warned that his party will fight the measure.

"Justice and home affairs matters are at the cutting-edge of the integration process and yet they have barely been debated in parliament or discussed in the country at large," he said.

"Even if parliament votes against the Extradition Bill, the European arrest warrant will still be enforceable in Britain by the European Court.

"Whether this is good or bad, parliament, not the government, should decide."

Since the 1970s there has been a 270 per cent rise in the number of extradition requests.

More than 130 requests were made in 2001 - with the UK handing over 55 fugitives.

From 1980 to 1990 the Home Office surrendered 227 fugitives, a figure that soared by 56 per cent in the decade up to 2000.

Last year the UK demanded 82 fugitives and 52 were returned, 34 from Europe.

Britain is currently demanding the extradition of 125 people - mostly for drug crimes - and 186 are held in the UK facing return proceedings.

Published: Thu, 14 Nov 2002 01:00:00 GMT+00