Brexit: European Union Police Databases and Extradition Arrangements

Baroness Hayter of Kentish Town Excerpts

Wednesday 20th June 2018 Lords Chamber

Asked by

[Baroness Hayter of Kentish Town]

To ask Her Majesty’s Government what assessment they have made of Michel Barnier’s remarks at the European Union Agency for Fundamental Rights on 19 June, and in view of those remarks, how they intend to secure continued access to EU police databases and extradition arrangements.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, we note Mr Barnier’s comments, but we must bear in mind that this negotiation is only just beginning. We want to ensure that citizens across Europe benefit from the strongest possible security relationship between the UK and the EU after our exit, and to avoid a security gap. Our objective in negotiations will be to secure this outcome. In our view, this can be most effectively delivered through a comprehensive new internal security treaty.

[Baroness Hayter of Kentish Town]

My Lords, this and other matters are serious. The Government’s red lines, such as ruling out the Charter of Fundamental Rights and the CJEU, will, as Mr Barnier says, at the moment deny us access to EU databases and things such as the European arrest warrant, the security pact, which the Prime Minister has discussed, and recognition of court judgments. Given the serious nature of this and all the other issues of the negotiations, which have never been in front of this House, does the Minister agree that we should have a proper debate here on how the negotiations are going and the Government’s objectives? The debate could be on the White Paper, if it arrives on time at the beginning of July. If it is further delayed, we should nevertheless have a debate here on this range of really important issues.

[Baroness Williams of Trafford]

My Lords, I have on many occasions had debates on certain elements of the issues that the noble Baroness raises. I commend your Lordships’ House for the quality of our debates on such matters. I am sure that the usual channels will, as they are wont to do, make time for such a debate. The issues that she raises are political choices. None of them are insurmountable as a legal barrier. We are not in Schengen now. We operated the EAW without CJEU jurisdiction up to 2014. The charter creates no new rights. EU citizenship matters only for those with constitutional barriers and we are already close to a solution on that in the withdrawal agreement, but I fully support her request for a debate.