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Theresa May faces Tory backlash over retaining European arrest warrant Theresa May faces Tory backlash over retaining European arrest warrant
(5 months later)
Theresa May, the home secretary, is set to feel the wrath of Tory backbenchers over a tentative agreement struck with the Liberal Democrats to retain the controversial European arrest warrant.Theresa May, the home secretary, is set to feel the wrath of Tory backbenchers over a tentative agreement struck with the Liberal Democrats to retain the controversial European arrest warrant.
The coalition has been in tense negotiations over the future of the measure, which requires a member state to transfer its citizens without trial where there is suspicion that a crime has been committed elsewhere in the EU.The coalition has been in tense negotiations over the future of the measure, which requires a member state to transfer its citizens without trial where there is suspicion that a crime has been committed elsewhere in the EU.
The Tory Eurosceptic right has been campaigning for the warrant's abolition and May has publicly criticised it while refusing to confirm that the UK will continue to enforce it next year.The Tory Eurosceptic right has been campaigning for the warrant's abolition and May has publicly criticised it while refusing to confirm that the UK will continue to enforce it next year.
In 2014 the UK will exercise its right to opt out of around 130 EU security and justice measures, including the warrant, only to opt into a smaller number, the identity of which has been hotly contested within the government.In 2014 the UK will exercise its right to opt out of around 130 EU security and justice measures, including the warrant, only to opt into a smaller number, the identity of which has been hotly contested within the government.
The Conservative leadership wants to opt back into just 30 measures, while the Lib Dems are seeking at least double that number, a Whitehall source told the Observer. A sticking point has been the European arrest warrant (EAW). Deputy prime minister Nick Clegg is known to be a keen supporter.The Conservative leadership wants to opt back into just 30 measures, while the Lib Dems are seeking at least double that number, a Whitehall source told the Observer. A sticking point has been the European arrest warrant (EAW). Deputy prime minister Nick Clegg is known to be a keen supporter.
It is understood that after months of talks the coalition has now reached a compromise on how to keep the EAW measure in place, as requested by the Association of Chief Police Officers, among other organisations.It is understood that after months of talks the coalition has now reached a compromise on how to keep the EAW measure in place, as requested by the Association of Chief Police Officers, among other organisations.
Oliver Letwin, the cabinet office minister, negotiating with the Lib Dems, has agreed the government will opt back into the measure if the law can be changed to include a proportionality test, whereby the seriousness of an alleged crime is taken into account when transfers under the EAW are requested by other member states.Oliver Letwin, the cabinet office minister, negotiating with the Lib Dems, has agreed the government will opt back into the measure if the law can be changed to include a proportionality test, whereby the seriousness of an alleged crime is taken into account when transfers under the EAW are requested by other member states.
The Liberal Democrats, who are convinced of the continued importance of the EAW in fighting crime, are understood to be satisfied that this could be a way forward over the issue.The Liberal Democrats, who are convinced of the continued importance of the EAW in fighting crime, are understood to be satisfied that this could be a way forward over the issue.
The German courts have for several years operated such a test before devoting time and energy to extradition cases.The German courts have for several years operated such a test before devoting time and energy to extradition cases.
While the agreement may satisfy the leadership of the two coalition parties, it is likely to cause major ructions on the Tory backbenches.While the agreement may satisfy the leadership of the two coalition parties, it is likely to cause major ructions on the Tory backbenches.
The fast-track extradition that comes with the EAW is said by opponents, including the Tory MP Dominic Raab, to be based on the mistaken assumption that "standards of justice are adequate across Europe".The fast-track extradition that comes with the EAW is said by opponents, including the Tory MP Dominic Raab, to be based on the mistaken assumption that "standards of justice are adequate across Europe".
The Tories' capitulation will inevitably cause tensions between May, who is said to harbour leadership ambitions, and her support base on the right of the party.The Tories' capitulation will inevitably cause tensions between May, who is said to harbour leadership ambitions, and her support base on the right of the party.
Thais Portilho-Shrimpton, director of campaign group Justice Across Borders, said: "Saving the European arrest warrant is a U-turn by Theresa May and a victory for all those who have campaigned to protect vital crime-fighting measures.Thais Portilho-Shrimpton, director of campaign group Justice Across Borders, said: "Saving the European arrest warrant is a U-turn by Theresa May and a victory for all those who have campaigned to protect vital crime-fighting measures.
"The fight carries on to ensure the government doesn't abandon other crucial measures that keep British citizens safe and stop the UK turning into a safe haven for foreign criminals.""The fight carries on to ensure the government doesn't abandon other crucial measures that keep British citizens safe and stop the UK turning into a safe haven for foreign criminals."
The European commission recently warned that the Conservative plans to opt out of EU police and justice co-operation are nonsensical and risk leaving the UK sidelined on security issues. The House of Lords European Union committee has also claimed that Britain will be at "significant" risk from terrorists and criminals.The European commission recently warned that the Conservative plans to opt out of EU police and justice co-operation are nonsensical and risk leaving the UK sidelined on security issues. The House of Lords European Union committee has also claimed that Britain will be at "significant" risk from terrorists and criminals.
Under the 2007 Lisbon treaty, the government has until June 2014 to exercise an opt–out from a package of 133 EU crime and justice measures.Under the 2007 Lisbon treaty, the government has until June 2014 to exercise an opt–out from a package of 133 EU crime and justice measures.
Home Office documents leaked to the Observer show that the coalition has so far agreed to opt back into 34 measures. Around 44 measures are either defunct or the deputy prime minister Nick Clegg has signalled that he is willing for the UK to drop its involvement.Home Office documents leaked to the Observer show that the coalition has so far agreed to opt back into 34 measures. Around 44 measures are either defunct or the deputy prime minister Nick Clegg has signalled that he is willing for the UK to drop its involvement.
There are 36 measures where agreement has yet to be reached between the coalition partners, including the exchange of speeding fines between countries, the exchange of intelligence on criminals and the setting of minimum standards on criminalising corruption in the private sector.There are 36 measures where agreement has yet to be reached between the coalition partners, including the exchange of speeding fines between countries, the exchange of intelligence on criminals and the setting of minimum standards on criminalising corruption in the private sector.
A Home Office spokesperson said: "As the home secretary said, the government's current thinking is to opt out of all measures and then negotiate to opt back into those individual measures which it is in our national interest to rejoin. We have made a commitment to a vote in both houses of parliament before the final decision. That vote will take place in good time before May 2014.A Home Office spokesperson said: "As the home secretary said, the government's current thinking is to opt out of all measures and then negotiate to opt back into those individual measures which it is in our national interest to rejoin. We have made a commitment to a vote in both houses of parliament before the final decision. That vote will take place in good time before May 2014.
"Discussions about which measures we may seek to opt back into are ongoing.""Discussions about which measures we may seek to opt back into are ongoing."
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