The High Court has dismissed Richard Gallagher’s judicial review challenge to a ministerial order designating the United Kingdom for certain European Arrest Warrant cases, finding the minister had authority to make the order under the 2019 Withdrawal Act.
Mr Gallagher argued that the order, S.I. 719 of 2020, was beyond the minister’s powers because the UK was no longer an EU member when it took effect on 31 December 2020. The respondents argued that the 2019 Act allowed the UK to continue to be treated as a member state where necessary to give effect to the withdrawal agreement, including for cases begun during the transition period.
In a judgment delivered on 26 March 2021, Mr Justice Tony Hunt said Mr Gallagher’s warrant fell within the arrangements for people arrested before the transition period ended. The warrant was issued on 10 July 2020, endorsed for execution on 22 September 2020, and Mr Gallagher was arrested and brought before the High Court on 7 December 2020.
The judge concluded that the withdrawal agreement’s obligations remained to be implemented after the transition period for actions lawfully begun under it. He found that section 98 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 empowered the minister to designate the UK for the purpose of completing such cases. He rejected the argument that the UK had to be an EU member on the date the order was made.
The court granted Mr Gallagher leave to seek judicial review on the stated grounds, but, having heard both sides on the issues, dismissed the application. The judgment says the surrender application remains legally valid and will continue. It does not decide whether Mr Gallagher will ultimately be surrendered. The court reserved the question of costs for further submissions.