Justice and Home Affairs Council

Home Department written question – answered on 7th November 2001.

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Photo of Jimmy Hood Jimmy Hood Chair, European Scrutiny Committee, Chair, European Scrutiny Committee

To ask the Secretary of State for the Home Department what the outcome was of the Justice and Home Affairs Council held in Brussels on 16 October; what the Government's stance was on each issue discussed, including its voting record; and if he will make a statement.

Photo of John Denham John Denham Minister (Home Office) (Police and Crime Reduction)

I represented the United Kingdom at the Justice and Home Affairs (JHA) Council in Luxembourg on 16 October. The purpose of the Council was to consider key issues on the two main anti-terrorism instruments presented by the Commission at the special JHA Council on 20 September, both of which are scheduled for adoption at the JHA Council on 6–7 December. Framework Decision on European Arrest Warrant

The principal issue considered was the intended scope of the warrant, in particular the abolition of dual criminality for offences covered by the framework decision.

Member states expressed a range of views on dual criminality and on the way in which offences should be defined for the purpose of operating the warrant.

The Council also noted the work in hand to identify the appropriate procedures for serving and enforcing the European arrest warrant.

Framework Decision on Combating Terrorism

The Council examined two aspects of the draft framework decision on combating terrorism: penalties and jurisdiction.

A number of member states expressed difficulty over the Commission's proposal for common minimum/maximum penalties for those terrorist offences defined in the framework decision.

On jurisdiction, member states expressed concern about possible conflicts of jurisdiction if extra-territorial jurisdiction within the European Union were provided for.

The Presidency concluded that further work should be undertaken and that these issues should be discussed again at the Justice and Home Affairs Council on 16 November, in order to meet the commitment to adoption in December.

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