David Davis is putting UK counter-terror efforts at risk by holding Brexiteer agenda ahead of public safety

The Brexit Secretary has said he will give British Courts power to overrule extradition requests from other countries, undermining the UK's power to make terrorists and criminals abroad face British justice for crimes committed here

21/7 bomber Hussain Osman was repatriated from Italy and sentenced to forty years in a UK prison, under laws David Davis wants to put at risk (PA Archive/PA Images)

Brexit Secretary David Davis has said he will allow British judges to overrule extradition requests from European countries, in a move that will directly impede on the power of British courts to bring terrorists and other criminals who have committed crimes in Britain back to the UK to face justice.

Brexiteers in the Conservative Party are concerned over the possibility of the UK seeking to maintain membership of the European Arrest Warrant (EAW) scheme, the legislation which allowed failed 21/7 London bomber Hussain Osman to be brought back to the UK from Italy to face trial. He is now serving a 40 year minimum sentence in the UK.

But the EAW is overseen by the European Court of Justice, the jurisdiction of which both Mr Davis and Theresa May have made clear must come to an end when the UK leaves the EU.

Mr Davis hopes that by granting British judges the power to overrule the EAW, should the UK remain a member of it, it will satisfy Brexiteers that the ECJ jurisdiction has ended.

Brexiteers have voiced concern that maintaining the European Arrest Warrant will give European governments the power to repatriate British citizens to face “substandard” foreign justice abroad.

But the likelihood of EU officials allowing the UK to overrule the EAW while retaining membership of it is close to zero.

While Home Secretary, Theresa May consistently championed the EAW as crucial to the UK’s national security interests.

In 2014 she wrote in the Daily Telegraph: “If we want to stop foreign criminals from coming to Britain, deal with European fighters coming back from Syria, stop British criminals evading justice abroad, prevent foreign criminals evading justice by hiding here, and get foreign criminals out of our prisons, these measures are vital.”

The UK has used the European Arrest Warrant to extradite 800 suspected criminals back to face justice since 2010, including 41 for murder, 61 for rape and 3 on terrorism charges.

Liberal Democrat Home affairs spokesman Ed Davey:

"The government is risking the UK’s participation in Europe’s best criminal-hunting, terrorist-catching mechanism.

“Hundreds of Britain’s most-wanted fugitives have been brought back to face justice using the European Arrest Warrant, but the Brexiteers now want to trash this instrument that has served our interests so well.

“Theresa May used to be a staunch defender of the EAW, now it seems she’s prepared to put the unity of the Conservative Party ahead of Britain’s national security.

“We need to stop the Brexiteers’ ideological obsession with the European Court from undermining the safety of British citizens.”

A government spokeswoman said: "The Prime Minister has been clear that we will take back control of our laws and bring an end to the jurisdiction of the European Court of Justice in the United Kingdom.

"As part of the negotiations with the EU we will discuss with the EU and its member states how best to continue co-operation on security, law enforcement and criminal justice.

"The White Paper makes it clear that we will seek a strong and close future relationship with the EU on these issues.

"The EU has agreements with non-EU countries in this field to which direct ECJ jurisdiction does not apply."