The British government narrowly escaped a damaging House of Commons rebellion after dozens of Conservative MPs furiously condemned efforts to deny them a vote on the UK’s future participation in the European Arrest Warrant.
Instead of giving MPs the chance to express a clear vote about the EAW, which is controversial in the UK, ministers offered only a vote on 11 lesser-important EU justice co-operation measures.
Under the Lisbon Treaty, the UK has the right to opt out of 125 EU justice and home affairs measures, but the British government wants to rejoin 35 of them, including the European Arrest Warrant.
Ministers argued that a favourable vote for the 11 lesser-important EU justice co-operation measures would be “interpreted” to mean that they also supported the remaining 24, including the EAW.
Home secretary Theresa May argued that she did not have to give MPs a vote on the EAW because it is already part of British law and London is merely trying to exercise its right to continue using it.
However, she warned MPs that if they opposed a motion clearing the way for participation in the more minor measures, then it would mean they were opposing the EAW itself, even though the question put to them never mentioned it.
Badly damaged
Eventually, following a series of votes, MPs rejected efforts to postpone a vote on the 11 measures, but the bitter parliamentary debate has badly damaged the reputation of Mrs May, who is seen by some Conservatives as a possible successor to David Cameron.
Dozens of Conservative MPs had been expected in advance to vote against the motion before the Commons because the EAW is governed by the European Court of Justice, not by the British courts.
In addition, they argue that the fast-track extradition rules have left British citizens languishing in jails in EU states, where they have been denied a fair trial for years, or the victims of corrupt prosecutions.
Reflecting the fury shared by many Conservative MPs, the long-serving Richard Shepherd said ministers were guilty of "unsupportable" arrogance. The Commons speaker, John Bercow, warned that the public were "contemptuous of what is not straight dealing".
Sleight-of-hand
Labour said they supported the 11 measures in the motion and the UK’s participation in the EAW itself, but the sleight-of-hand practised by Conservative ministers over the vote was reprehensible.
Listening to the increasingly bitter complaints, the home secretary looked badly shaken on occasions, though she later insisted she had not been required to ask MPs for their opinions about the EAW.
The question put to MPs dealt with the 11 measures that need to be brought into British law; the EAW does not because it is already part of British law as the UK has been operating it for years, she said.
Tempers high
Tempers were particularly high because Mr Cameron last month told the Commons on four occasions that MPs would have the chance to vote on the UK’s future participation in the EAW.
Defending the EAW, Mrs May said past flaws – such as where people are extradited for minor offences, or held in foreign jails for a lengthy time before trial – have been fixed by changes brought in over the summer.
Conservative MP Jacob Rees-Mogg said it was “a sorry day for this government” because the decision to deny MPs a vote on the EAW itself is an example of either “error or falsehood”.
