Clause 2 - Part 1 warrant and certificate

Part of Extradition Bill – in a Public Bill Committee at 10:30 am on 9th January 2003.

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Photo of John Maples John Maples Conservative, Stratford-on-Avon 10:30 am, 9th January 2003

We must be clear on what sort of European document we are debating. It is not European legislation, but a framework decision that is being translated into British law through the Bill. It is therefore the Bill that applies. An authority could issue a warrant that was in breach of the framework decision but that complied with clause 2. That is what concerns us.

If the framework decision were a piece of European legislation that was automatically incorporated into British law, I could see the Minister's point, but it is not. I may be wrong, but as I understand it, the framework decision has no validity as a piece of UK legislation. The Bill will have that validity when it becomes an Act, so it would be possible for an arrest warrant to be issued in breach of the framework decision but in compliance with the Bill. Inserting ''judicial'' in a couple of places would solve the problem, and I cannot see the difficulty with doing that.