High Court orders the surrender of the respondent to Northern Ireland to face prosecution for terrorism offences, on the grounds that: the court was not satisfied that the respondent has produced information that shows systematic or generalised deficiencies in the prison system of the issuing state in relation to surveillance of his legal consultations; there was no concrete evidence of a real risk that the United Kingdom will not comply with its obligations under the European Convention on Human Rights; and there is no fundamental defect in the system of justice in the UK such as to justify refusing surrender.
Trade and Cooperation Agreement – UK authorities seeking the surrender of the respondent to Northern Ireland - warrant seeks the surrender of the respondent in order to prosecute him in respect of alleged terrorist-type offences – points of objection - real risk of being subjected to covert surveillance of his legal consultations and phone calls – assertions of the respondent in relation to perceived surveillance fall far short of the type of cogent evidence that would be required before the Court would be required to engage in the first step of the two-step test set out by the CJEU in LM v Minister for Justice and in Aranyosi and Căldăraru - relevant caselaw - not satisfied that the respondent has produced to this Court information that Shows systematic or generalized deficiencies in the prison system of the issuing state - persons convicted of terrorism offences are not permitted release under licence at the half-way point of their sentence - legislation in question has been declared by the Northern Ireland Court of Appeal to be incompatible with Article 7 ECHR, but it nevertheless remains in force - submitted that the surrender of the respondent would give rise to an egregious breach of his rights under Articles 38.1 and 15.5.1 of the Constitution, under Article 7 ECHR and under Articles 47 and 49 of the EU Charter of Fundamental Rights – relevant legislation - declaration of incompatibility does not affect the validity, continued operation or enforcement of the provision in respect of which it is made – relevant caselaw – relevant principles - consideration of Del Río Prada - respondent in this case has not been sentenced - United Kingdom remains party to the ECHR - Court must presume that an issuing state will comply with the requirements of the Framework Decision, unless the contrary is shown - no concrete evidence has been put before this Court to suggest, much less show, a real risk that the Kingdom of Great Britain and Northern Ireland will not comply with its obligations under the convention - whether what is proposed is a direct consequence of surrender, and would, if it occurred in Ireland, be so egregious in breaching the guarantees of the Irish Constitution, that the Court cannot, consistently with its constitutional obligations, order surrender – Court does not find that there is such a fundamental defect in the system of justice in the UK and Northern Ireland such as to refuse surrender - surrender ordered -