Chamber and committees

None, as the Framework Decision relates to a reserved matter.In June 2002 the Home Office issued a consultation draft of the Extradition Bill which included provisions implementing the Framework Decision.

The provisions of the Extradition Act 1989 as they apply to Scotland will require to be changed in respect of extradition to the member states of the European Union and Gibraltar.The Framework Decision will be implemented in Scotland by means of the proposed Extradition Bill. The bill is a self-contained body of law whose provisions will otherwise have no effect on Scots law generally.

I refer the member to the answer given to question S1W-32291 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/search_wa.

The Extradition Bill makes provision for the implementation of the Framework Decision on the European arrest warrant into UK law. However, it also contains provision for rules of court to be made in Scotland by Act of Adjournal to provide for the practice and procedure to be followed in connection with proceedings under the bill. This will include proceedings relating to the execution of an EAW.An Act of Adjournal is secondary legislation which the High Court has the power to make.

The question of postponing the bringing into force those parts of the Extradition Bill implementing the European arrest warrant pending the outcome of the European Council's review of minimum procedural standards is a policy issue for the UK Government given that the bill relates to a reserved matter.

On the issue of guidance, the independence of the judiciary is a fundamental principle of the Scottish legal system. It would be constitutionally improper for the Executive to issue guidance to the judiciary on any question relating to the interpretation of the law and the discretion of the sheriff.The Framework Decision on the European arrest warrant does not require the corroboration of the identity of the requested person prior to arrest. This is reflected in the procedures contained in Part 1 of the Extradition Bill.A person who is arrested under a European arrest warrant is brought before the sheriff. The sheriff must be satisfied that the person is the person referred to in the warrant. For the avoidance of doubt, the bill makes it clear that for this purpose, one source of evidence is sufficient to enable the sheriff to make this decision and proceed. In the event of a dispute about identity, the sheriff would require to reach a decision on the basis of the evidence available.

Under section B11 of Head B of Schedule 5 to the Scotland Act 1998 extradition is reserved. We have considered carefully not just paragraph 5 of the Framework Decision but the document as a whole, its context and the overall effect of what it provides for. It is clear that the arrangements for the European arrest warrant (EAW), while representing a significant reduction in formalities, nevertheless involve the delivery of a fugitive from justice from one separate sovereign state to another. In our view, the arrangements clearly relate to extradition as that term is commonly understood and as it would be interpreted by the courts in connection with the reservation in the Scotland Act.As the subject matter of the Framework Decision for the EAW is, in our view and that of the UK Government, reserved, the responsibility for its implementation in the UK is a matter entirely for the UK Government. The Scottish Executive is co-operating fully with the UK Government to ensure that the EAW operates satisfactorily in Scotland.

Under the provisions of the Extradition Bill, as introduced in the Westminster Parliament on 14 November 2001, such persons have a right to see the arrest warrant or a copy of it as soon as practicable on request, if it is not shown to them at the time of arrest. The bill also requires such persons to be brought before a judge with power to grant bail as soon as practicable. If bail is not granted that decision can subsequently be reviewed. In addition, under clause 21 of the bill the judge is required to decide whether the extradition would breach the person's human rights and discharge the person if there would be a breach.

The extradition of one fugitive has been approved since May 1999.

The Scottish Executive's policy is as stated in the Minister for Social Justice's statement on 7 November. As a consequence of the move to the Prudential Regime, the capital receipts set-aside rules are unlikely to remain relevant and we will consult local authorities on the abolition of these rules.