EU warrants between Britain and Ireland highlight Brexit issue

The scale of criminal justice co-operation between Britain and Ireland under EU agreements is highlighted in a new report on the European Arrest Warrant.

The EAW allows for the speedy and smooth surrender of suspected criminals between member states in order for them to stand trial or serve sentences already imposed.

Official figures show that Britain sent 207 EAW requests to Ireland in 2017, while Ireland sent 60 in the other direction.

Garda Commissioner Drew Harris has expressed his concerns over what would replace the EAW once Britain leaves the EU, which, as it stands, is supposed to happen in just three months.

Publishing the European Arrest Warrant annual report for 2017, Justice Minister Charlie Flanagan again referred to this issue.

“The departure of the UK from the EU is particularly significant for Ireland on a wide range of issues. However, in the context of combating crime and terrorism, the necessity to maintain a functioning system of extradition between the two States has been identified as the key priority,” said Mr Flanagan.

“I have requested my officials in the Department of Justice and Equality to examine the implications of Brexit for extradition between the two States and to consider the options available to address the various possible outcomes to the Brexit negotiations.”

The report shows that a total of 357 European arrest warrants were received from member states.

Offences cited were murder/grievous bodily harm, sexual offences including rape and sexual abuse of children, drugs offences, robbery/assault, fraud and human trafficking.

Of the 15 EU countries behind the 357 requests, 207 (58%) were from the UK. The next largest number came from Poland (83) and Lithuania (26).

A total of 76 European arrest warrants were sent by the Irish Central Authority to other member states in 2017.

The offences included murder, sexual offences, drugs offences, assault, robbery and fraud. A total of 47 persons who were subjects of EAWs were surrendered to the State in 2017.

Of the 76 EAWs, 60 (79%) were sent to Britain. Of the remainder, four were sent to Spain.

Last week, a legal expert said that there was no reason why Ireland could not negotiate a bilateral agreement with Britain to replace the EAW system post-Brexit.

Barrister Anthony Hanrahan said he didn’t see a problem with a special treaty between the countries to replicate EAW.