Criminal justice opt-out – call for consultation

The Law Societies of Scotland, England and Wales and of Northern Ireland have issued a call for a full and open consultation on whether the UK should opt-out of over 130 EU criminal justice measures, including the European Arrest Warrant.

This follows a statement earlier in the month by the Prime Minister, David Cameron, implying that the 'opt-out' will be exercised, despite there having been no public consultation of lawyers and others affected.

"A decision to remove the UK from so many EU criminal justice measures, most of which are procedural and promote practical co-operation between EU Member States in fighting cross-border crime, could have far-reaching implications,” said Law Society of England and Wales President, Lucy Scott-Moncrieff. “Yet this decision seems to be about to be taken without any significant public debate, consultation or impact assessment. Under the treaties, the UK is not obliged to indicate its decision until June 2014, so I urge the UK Government to engage with practitioners in an open and transparent consultation process."

Austin Lafferty, the President of the Law Society of Scotland agreed, warning that a wholesale opt-out could have very serious consequences in fighting cross-border crime from both a practical and cost perspective.

“Such a decision should not be taken before a thorough consideration of the implications, with input from the experts, who are certainly not all working in Government,” he said.

According to Law Society of Northern Ireland President, Imelda McMillan, “Failure of Government to consult publicly on this very important decision would be a serious oversight and would raise significant concerns in the legal profession - at home and across Europe."