All 3 Debates between Lord Bethell and Lord Hannay of Chiswick

Tue 4th Feb 2020
Extradition (Provisional Arrest) Bill [HL]
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading

Covid-19: Deep Cleaning

Debate between Lord Bethell and Lord Hannay of Chiswick
Wednesday 11th March 2020

(4 years ago)

Lords Chamber
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Lord Bethell Portrait Lord Bethell
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I completely take on board the noble Baroness’s observation. I have here a copy of the regulations and I am happy to lay it in the Library. It is on GOV.UK in exactly the place you would expect to find such guidance, but I take on board the comments. We are spending millions of pounds on public information and employer advertising. More will be done to ensure that this kind of information reaches the people who need it. I will ensure that the message is heard loud and clear.

Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick (CB)
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My Lords, does the Minister recognise that there is some anecdotal evidence—I declare an interest, because my grandson is involved—that the time gap between taking a test and verifying whether it is positive is growing? This involves great distress and problems for the rest of the family concerned. Can he look into whether there is any way of ensuring that this gap does not continue to widen?

Lord Bethell Portrait Lord Bethell
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I would like to reassure the House that my understanding is that the gap is not widening, but quite the opposite. An enormous amount of resources have been put into the various elements of the testing process, including the transport of tests to the testing centres, the turnaround of the tests and the return path to the testee. They include technological solutions that speed up that process dramatically. For Peers who are concerned, there is a special helpline for those who think they are displaying symptoms. I highly recommend that anyone who is concerned makes use of it.

Extradition (Provisional Arrest) Bill [HL]

Debate between Lord Bethell and Lord Hannay of Chiswick
2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 4th February 2020

(4 years, 1 month ago)

Lords Chamber
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Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick (CB)
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My Lords, some seven years ago I chaired, together with the noble Lord, Lord Bowness, an inquiry at whose heart was the issue of whether it was in this country’s interest to remain within the scope of the European arrest warrant. The evidence we took demonstrated overwhelmingly that it was in Britain’s interest to do so. I am glad to say that that view was shared by massive majorities in both Houses and we did, indeed, stay within the European arrest warrant.

I note from the impact assessment with which we have been provided for the Bill—for which I express my gratitude as impact assessments for Brexit-related Bills are rare birds indeed—that in 2018 and 2019, as the noble Baroness, Lady Ludford, just mentioned, 1,412 arrests related to European arrest warrants were made and a substantial number of possible criminals returned to their own countries for trial. I suggest that those figures show that the European arrest warrant has come through with flying colours. It is for that reason, if for no other, that I personally welcome the Bill, one of whose objectives, if I understand it rightly, is to enable us to continue to operate something that could perhaps loosely be called a European arrest warrant-type procedure, even now that we are no longer a member—and will no longer be a member—of the European Union. I would be most grateful if the Minister, when she winds up, could answer the following questions. They cover similar ground to those of my noble and learned friend Lord Brown and my noble friend Lord Anderson.

First, is it correct to think that the Bill will enable us to operate something that could loosely be described as an EAW-type procedure, even after we have left the European Union and even after we have exited the transition period?

Secondly, will the powers in the Bill actually be needed during 2020 with respect to EU member states, while we are still in the transitional period provided for in the withdrawal agreement, or does that agreement suffice for the calendar year 2020?

Thirdly, if by mischance—I think no one who has read the Prime Minister’s speech made in Greenwich yesterday could doubt that mischance could happen—we found ourselves without a new relationship agreement with the EU at the end of this year, would the powers in the Bill enable us to respond to requests from any of the 27 EU member states in a manner similar to the way we have responded to European arrest warrants?

Fourthly, as several noble Lords have asked, will we, in the negotiations that will begin in March, try to achieve some degree of reciprocity with the 27 member states so that they too will operate something similar to a European arrest warrant procedure, even if the conditions for that are not yet agreed in the new relationship, or if the possibility of a new relationship has collapsed? I know that the answer for this Bill is that it does not and cannot provide those powers.

These are important matters. I think we can reasonably ask the Government simply to say now that, yes, when we sit down in March and work with the European Union on a security agreement that covers this area, we will be asking for reciprocity and we will be offering procedures that are as solid as we can make them and similar to the European arrest warrant. If, as I hope, the answer to all four questions I have posed is positive, I would be a strong supporter of the Bill. It will send a good signal that we are entering the post-Brexit negotiations in a positive spirit and with a determination to continue the closest possible co-operation with our former EU partners in the fight against serious international crime.

Lord Bethell Portrait Lord Bethell
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My Lords, I can confirm that the new clocks are now working, and those are the ones we will use.

Essex: Major Incident

Debate between Lord Bethell and Lord Hannay of Chiswick
Monday 28th October 2019

(4 years, 5 months ago)

Lords Chamber
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Lord Bethell Portrait Lord Bethell
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My noble friend has put forward a creative and interesting suggestion but I do not regard myself as qualified to judge it on its merits. All I can say is that a large amount of the police work done in this area is intelligence-led. Searching the millions of vehicles that cross the channel is a very tough challenge. Many of them are securely fastened before they go on to the ferries and, as we know, many have freezer components that prevent them being opened easily. However, I will take away my noble friend’s idea and make sure that it is sent up the line.

Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick (CB)
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My Lords, perhaps I may trespass on the fact that I was the chair of your Lordships’ sub-committee that went into a lot of this business, such as the Protocol 36 negotiations, led by the former Prime Minister. I am afraid that the noble Lord has not answered the question that the noble Lord, Lord Rosser, and the noble Baroness, Lady Hamwee, put to him about the consequences of our leaving the European Union for the sort of co-operation that is going on. Is it not a fact that if we were outside the European Union, we would not be able to set up the joint investigation team the Minister referred to, because it is an instrument of the European Union alone? Is it not true that in the prevailing circumstances, we would not be able to use Europol or Eurojust, which we can use because we are still in the European Union and will continue to be for the next few months? These are important questions.

Can the Minister tell us with some precision what the situation will be during the standstill period—the implementation period, or whatever one likes to call it—up to the end of 2020, should the Prime Minister’s deal be approved, and if, by that time, the security arrangements in the political declaration referred to by the noble Baroness, Lady Hamwee, are not yet in place? We need precision on this. I am not just talking about the exchange of intelligence, which I know perfectly well normally happens on a different basis and does not go through EU enforcement activities. However, the things that I am talking about matter just as much as the exchange of intelligence.

Lord Bethell Portrait Lord Bethell
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The noble Lord raises understandable concerns, particularly when we have a crime such as this on our hands. Our concern is very much to seek to solve that crime and find justice for the victims. I do not recognise the characterisation that he puts forward regarding Europol and Eurojust. It is perfectly possible for third-party countries that are not members of the EU to have working arrangements and collaborations with both Europol and Eurojust, and to create the kind of JIT that was created earlier today. An example of how America works with both Europol and Eurojust has been cited in another place.

Regarding the standstill agreement, I can reassure the noble Lord that it is very much the attitude of this Government to collaborate closely. We cannot speak on behalf of other countries. I suspect that the kind of precise reassurance that he seeks can be found only in the capitals of other countries where they will make their own decisions on some of these matters. Regarding the security arrangements going forward, these will be subject to negotiation during the standstill period and I look forward to their being successfully pursued.