The Government plans to release a host of Brexit papers to try and quell speculation it has no plan for leaving the EU and to address the fears of rebellion by Tory back–benchers.
Brexit Secretary David Davis allegedly claims one of those papers will include a demand that the Supreme Court acts as the final body of appeal for Britons facing extradition, despite wanting to retain membership to the European Arrest Warrant.
A source close to the negotiations told The Telegraph: “Downing Street is hyper-sensitive to re-opening the long-running row over the European Arrest Warrant with hard Brexiteers.
“Of all the position papers it’s the one thing they are worried about losing the back-benchers over.”
The European Arrest Warrant requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period.
Currently, the UK hands an average of 1,000 individuals a year to other EU states and issues requests for around 200.
However, the UK’s Brexit negotiators are likely to face a tough task as the EU has claimed that any changes would benefit “criminals and terrorists”.
Guy Verhofstadt, the European Parliament’s chief Brexit negotiator, said: “We seek a close relationship with the UK after Brexit particularly on Justice and security matters.
“Criminals and terrorists must not be the beneficiaries of Brexit.
“However we are also determined that the legal order of the European Union is respected. The European Arrest Warrant is an instrument of European Union law and will therefore continue to be overseen by the European Court of Justice.”
Mr Davis said last month that the Government intends to introduce legislation to establish the rights of EU nationals, which would be enforced by British courts.
He continued: “We intend this should be put in an act of parliament enforced by the British courts – and I don’t think anybody has ever argued that the British courts are anything other than trustworthy in terms of defending the rights of individuals.
“And most importantly, this would be backed up by a treaty – so that the treaty itself is enforceable as well. That’s the way we’re going to do it.”
It follows remarks by Hans-Olaf Henkel, a German MEP, who believes his home country should be leading the charge in Brussels to ensure Britain leave the EU without punishment.
According to the Office for National Statistics, Germany currently benefits from a…