Open Europe Blog

Today it is widely reported that MPs will vote on the Government’s plans to opt back into the European Arrest Warrant. In fact reading the Home Secretary in the Sunday Telegraph you would think that she believed that as well.

However a close reading of the actual motion leaves her contention in some doubt. Here it is:

Secretary Theresa May That the draft Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, which were laid before this House on 3 November, be approved.

Well the Government’s Explanatory memo  to the regulations mentions only 11 out of the 35 measures the Government proposes to opt into actually require legislation – the warrant not being one of them.

This will undoubtedly be brought up in the debate and why exactly it has been omitted is unclear (perhaps because motions on legislation are unamendable). However, many MPs will argue that it contradicts assurances given to them over a long period and sets a bad precedent.

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