Ministerial Code

Lord Collins of Highbury Excerpts

Thursday 27th January 2022 Lords Chamber

Asked by

[Lord Collins of Highbury]

To ask Her Majesty’s Government whether their Ministers are expected to abide by the standards of conduct as set out in paragraph 1.3(c) of the Ministerial Code, as reflected in the resolution of the House of 20 March 1997 and paragraph 4.67 of the Companion to Standing Orders.

[The Minister of State, Cabinet Office (Lord True) (Con)]

Yes, my Lords. Like all Ministers, I assented to the Ministerial Code on entering office, as I am sure all those in this House in all parties who have had the honour of serving as one of Her Majesty’s Ministers will have done. The code sets out the standards expected of all those who serve in government. Ministers are personally responsible for deciding how to act and conduct themselves in light of the code, and for justifying their actions and conduct to Parliament and the public.

[Lord Collins of Highbury (Lab)]

My Lords, in answer to my noble friend Lord Foulkes on Tuesday 7 December, the Minister of State—the noble Lord, Lord Goldsmith —denied reports that the Prime Minister intervened to evacuate an animal charity from Kabul at the height of the crisis. Yesterday, however, the House of Commons Foreign Affairs Committee published an email from the Minister’s private office in August, which stated, contrary to this, that

“the PM has just authorised their staff and animals to be evacuated”.

Only one of these two statements can be true—which is it? Given that paragraph 4.67 of the Companion clearly states that Ministers must correct any inadvertent errors at the earliest opportunity, or offer their resignation if they have knowingly misled, surely the noble Lord, Lord True, agrees that the noble Lord, Lord Goldsmith, should, as a matter of urgency, return to make a Statement to the House. It is what all noble Lords would expect.

[Lord True (Con)]

My Lords, as I said in my original Answer, Ministers are personally responsible for deciding how to act and conduct themselves in the light of the code, and for justifying their actions and conduct to Parliament and the public. I refer the noble Lord opposite to the statement that my noble friend Lord Goldsmith put out yesterday, in which he said:

“I did not authorise & do not support anything that would have put animals’ lives ahead of people’s … I never discussed the … charity or their efforts to evacuate animals with the”


Prime Minister.

House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Lord Collins of Highbury Excerpts

2nd reading
Friday 3rd December 2021 Lords Chamber

[Lord Collins of Highbury (Lab)]

We will try again.

[Baroness Hayter of Kentish Town (Lab)]

Just between us two, when they do not hear, the offer is still there.

The one advantage—the only one, I think—of the Government having a majority of 80 in the other place is that it now has the chance to grasp the nettle, safe in the knowledge that its working majority down there will not be threatened by any pesky Lords.

This modest measure would make change very gradually. We are not seeking to say farewell to any hereditary already here; indeed, we look forward to their contributions for many more years. However, the credibility of their work and of this House is undermined by how membership can still be achieved through by-elections, producing a self-perpetuating selection of new Members chosen by a tiny electorate. Let us get rid of this silly nonsense and waste no more time on it.

--- Later in debate ---

[Lord Collins of Highbury (Lab)]

My Lords, this is the first time that I have been able to contribute in a debate on the Bill. Unlike the noble Lord, Lord Hannan, I will give it a very warm welcome. My noble friend Lady Hayter said that she had had the pleasure to speak three or four times on these matters, and she highlighted that there has been serious foot dragging on the Bill, which has just two clauses.

I also thank my noble friend Lord Grocott, not only for reintroducing the Bill but for the regular updates that he gives us on the by-election process. It is a telling point that, throughout the period of the suspension of the by-elections, the world did not collapse and we carried on.

[Noble Lords]

Oh!

[Lord Collins of Highbury (Lab)]

I accept that we were facing a huge crisis but, due to the hard work of our staff and noble Lords, Parliament continued its important work and was not stopped from doing it. Of course, since the suspension, we have had a glut of by-elections, which actually has highlighted the process even more. We can see some of the real anomalies about the process, particularly with some of the by-elections from the opposition parties.

The noble and learned Lord, Lord Brown of Eaton-under-Heywood, described the current system as racist and sexist. I quite like his description that it is an assisted places scheme that everyone is excluded from apart from hereditary Peers. That sums it up quite well.

There are debates about what is actually stopping progress. My noble friend Lady Hayter highlighted that, in the past, the Minister was honest enough to admit that much of the resistance to previous attempts was to further the Conservative interest. It is a simple fact that we have seen an in-built political imbalance in this sort of process.

The noble Lord, Lord Lilley, asked whether this works in practice. Of course, every noble Lord who has contributed to today’s debate acknowledges the hard work of every noble Lord, particularly those who are here because of the hereditary principle. People actually contribute. Sometimes our biggest problem is those who have been appointed and do not contribute, and I hope that political pressure will resolve that in the relatively short term. But the credibility of the House and what we do is undermined by how membership can be achieved through a very strange system of by-elections, producing a self-perpetuating selection of new Members chosen by a tiny electorate.

I agree with the noble Earl, Lord Attlee, that it would be better if, before we had these debates, we could have a discussion, and take it into the country, about what we do rather than how we are here. What we do is an important debate. When I first joined the Labour Party in 1970, the position that I held then, and the party was strong in that view as well, was, “Let’s get rid of the House of Lords: abolish the House of Lords”. I have learned over the years, through many periods of Conservative Governments and other Governments, that there is a need for a second Chamber which does not simply follow, or is driven by, the mandate of the electorate. I have appreciated that scrutiny by this House has resulted in important changes to legislation that would not have happened otherwise. I suspect that, if we were wholly elected in the future and then became a challenge to the mandate of the House of Commons, there would be greater difficulties.

I think that the contribution of the Cross Benches is invaluable to the work of this House and I hope that will continue, but I accept that at some point in the future reform must come, and particularly reform that reflects what we are as a nation: that we are made up of a number of countries and that we have strong regional elements that we need to address. There is a way of having that and it is of course through a constitutional convention. I hope that we will be able to achieve that in the very near future.

As for this debate, I must admit that I find it fascinating that most who argue against change do so on the basis that they want fundamental reform. That appears to be a bit of a contradiction and it ignores the fact that, since the 1999 Act, we have had a lot of changes that have improved this House and we should not forget that.

I was reminded by some of the contributions of that excellent book by Antonia Fraser. I do not know whether many noble Lords have read it, but it is a great book on the debates in this House on the 1832 Reform Bill. It is incredible how the hereditary principle was articulated then as, “It secures the nation. It’s actually the continuity that’s really important. We must never forget that. We can’t allow the elected Commons to undermine that fundamental principle of our constitution.” That was in 1832, and, of course, that was a very modest reform: it did not create universal suffrage; it did not change things. From 1832, a series of Acts extended the franchise. Of course, it is not that long ago that universal suffrage was finally established. People often go back to 1921 and so on, but until we got rid of the university seats in 1945, we did not really have universal suffrage.

The noble Lord, Lord Mancroft, referred to another issue that concerns me about this debate. We talk about appointed Peers and “elected hereditary Peers”. I wish we would drop that term, because it is a simple fact that all hereditary Peers were first appointed—they were first appointed by a monarch at some point for some peculiar reason. The difference between an appointed hereditary Peer and appointed life Peer is that the former’s contribution stops when they either leave this House or they die, but, apparently, that can carry on with hereditary Peers, irrespective of the qualities or experience that they may bring. That is what brings this whole process into disrepute. Many hereditary Peers in here would undoubtedly make extremely good life Peers and our work could benefit from that, but the idea that we should continue with this ridiculous hereditary process beggars belief. It is time for change.

I agree with the noble Earl, Lord Attlee, that some change has undesirable outcomes and that reform needs to be considered in the whole, but this great nation has benefited from incremental change. It has benefited from considered changes over a period of time. We are not a revolutionary country; we do not overturn everything and then hope for the good; we make incremental change, and that is why this modest Bill is so important.

I could not agree more with the noble Lord, Lord Young. What we had in 1999 was a short-term fix—it is long enough ago now—but what it has created is a long-term anomaly. Even if we adopt this modest measure, it will not stop other incremental change. I hope that on the basis of the Burns report and the other discussions that we have had—people talk about the Appointments Commission—we will have the opportunity to make further changes, which is really important.

To repeat the words of the noble Lord, Lord Cormack, this House wants this Bill to pass, and it wants the Commons to have the opportunity to consider it, so I hope that will be the outcome.

House of Lords: Appointments Process

Lord Collins of Highbury Excerpts

Thursday 18th November 2021 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I want to pick up a point raised by the noble Baroness, Lady Smith. I think there is a prior question to this debate. For me, it is about the purpose and value of a second Chamber. Most past efforts of major Lords reform have failed because they did not properly address the supremacy of the elected House of Commons or the impact on the Government’s mandate from the electorate.

The key role of your Lordships’ House is to scrutinise and revise legislation, as is so ably evidenced by our work on recent Bills, particularly the Environment Bill. I agree with the noble Baroness, Lady Hayman, that such work is undermined by concerns about the size of the House and the way people get here. We need restraint and effective scrutiny on political appointments and an end to hereditary Peer by-elections.

I do not have much time, but let me say that I agree with my noble friend Lord Grocott’s suggestions on the terms and remit of an appointments commission. We need a more effective commission, especially after recent events. I do not accept that we cannot make any reforms unless we have big bang reform. After all, our democracy in this country was established by such means. As my noble friend Lord Dubs said, a step-by-step approach enables us to address the urgent concerns expressed in this debate. They are positive steps toward greater reform, hopefully through a constitutional convention that represents all parties.

Overseas Development Assistance

Lord Collins of Highbury Excerpts

Wednesday 14th July 2021 Lords Chamber

[Lord Agnew of Oulton (Con)]

I respectfully disagree with the right reverend Prelate on that assertion. We will absolutely be prioritising the budget for the programmes of the most urgency and impact, so I do not accept that. I also point out to him that we have made considerable investments during the Covid crisis by helping other countries through our large investment in COVAX and, indeed, the Prime Minister’s commitment at the G7 to make a large number of vaccines available outside this ceiling of 0.5%.

[Lord Collins of Highbury (Lab)]

My Lords, this decision goes against a long-standing consensus across Parliament. It is against the Conservative Party’s manifesto and against the law and, most importantly, it is against the national interest. As a direct result of these cuts, more people will be forced to flee their homes and more people will turn to extremism in a less secure and stable world. To pick up the point the noble Lord, Lord Bates, made, we have been told in this House that officials carried out an equalities impact assessment which looked at our bilateral country spending. Can the Minister give us a guarantee this afternoon that this will be made public, and quickly?

[Lord Agnew of Oulton (Con)]

My Lords, it is important to remind the House that we have done this in the largest crisis to affect our country since the war and the largest recession in 300 years, with borrowing of £300 billion—14% of GDP—to deal with the crisis. It means that there has had to be some give in the system. We are committed to re-establishing it as soon as the economy allows it, and I am sure that the information the noble Lord asked for will be available soon.

Global Minimum Corporate Tax Rate

Lord Collins of Highbury Excerpts

Wednesday 14th April 2021 Lords Chamber

[Lord Agnew of Oulton (Con)]

My Lords, we did not plan to increase corporation tax in the way we have had to do in the last few months. It is only as a result of the appalling crisis we have suffered through Covid and having to address the financial impact of that. I agree with my noble friend that lower corporation tax rates are broadly a good thing. Personally, I do not like to see tax on productive activity, employment or any of the things that make a country prosperous. Therefore, I support his comments that we should always aspire to lower tax rates, particularly on corporation tax. We will try to set it still at a competitive rate, so the US, Canada, Korea, Japan and Germany will all have higher rates than the one to which we are moving.

[Lord Collins of Highbury (Lab)]

My Lords, the UN high-level panel published its final report on the impact of financial integrity on sustainable development. The panel called for a UN tax convention and a UN body for international tax rules. The report also includes proposals for the automatic exchange of information, beneficial ownership transparency and country-by-country reporting. Do the Government support the high-level panel’s conclusions, and will we address this issue at the G7?

[Lord Agnew of Oulton (Con)]

My Lords, the Government do support increased transparency, and we have done a great deal over the last five years to improve on that, but I accept there is more to do.

G7 Summit

Lord Collins of Highbury Excerpts

Thursday 21st January 2021 Lords Chamber

[Lord True (Con)]

My Lords, having not ventured to offer an agenda to President Biden, I am certainly not going to offer one to the Chancellor. As with the answer on malaria earlier, obviously, fighting a key disease is a vital common international task. The United Kingdom has been one of the biggest donors to the World Health Organization and one of the biggest supporters of vaccine development.

[Lord Collins of Highbury (Lab)]

My Lords, earlier this week, Theresa May said that we must bring people together in common cause, but to lead we must live up to our values. She regretted the UK abandoning its 0.7% commitment. Will the Minister detail the Government’s strategy for engaging members in the coming months to ensure that the UK summit turns the tide and brings leaders behind a common message on the post-Covid recovery?

[Lord True (Con)]

My Lords, I know the noble Lord’s personal commitment to some of the causes set out in the G7 agenda. I think there is a wide area of agreement here. I understand the points made about overseas aid, but we will still be allocating £10,000 million to overseas aid. Based on the latest OECD data, the UK will remain the second-highest donor in the G7.

G7 Summit

Lord Collins of Highbury Excerpts

Thursday 26th November 2020 Lords Chamber

[Lord True (Con)]

My Lords, I repeat that, despite the budgetary decision announced by the Chancellor yesterday, the UK will remain the second-highest aid donor in the G7—more than France, Italy, Japan, Canada or the United States—with next year’s figure estimated at around £10,000 million.

[Lord Collins of Highbury (Lab)]

My Lords, this crisis is global as much as it is domestic. In 2008 Gordon Brown persuaded fellow leaders to act as one, agreeing a synchronised stimulus alongside aid for developing countries. What is shocking this time is that the world’s leaders have done so little work together in response. On the progressive agenda for the G7, can the Minister tell us whether the work already started with the Finance Ministers in relation to debt relief will continue? Will he give us an update on this and will it be a priority for the G7 presidency ahead?

[Lord True (Con)]

My Lords, as I have said, the Prime Minister will be announcing details in due course. I understand that my right honourable friend the Foreign Secretary will make a Statement in another place later; I cannot anticipate that. But I agree with the noble Lord opposite that the G7 does have a track record of delivering meaningful outcomes under successive leaderships. Indeed, it has taken action to save 27 million lives from AIDS, tuberculosis and malaria.

Wellbeing of Future Generations Bill [HL]

Lord Collins of Highbury Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Friday 13th March 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, first, I apologise on behalf of my noble friend Lord Kennedy, who would normally reply to this debate. I am standing in for him. Many people confuse me with him anyway, so no doubt he will get the credit for my speech. The other thing I want to mention—the noble Baroness, Lady Benjamin, said this—is that this is not a domestic but very much a global issue, and our response has to be global, whatever affects us. The virus now hitting this country is a global issue, and the response has to be global.

I congratulate the noble Lord, Lord Bird, on introducing this Bill to ensure that UK policymakers consider the interests of future generations. He focused quite rightly on the laws of unintended consequences. As the noble Lord, Lord Balfe, said, it is short-termism. How do we overcome the short-termism in our policy-making?

As we have heard in the debate, there is strong evidence for this legislation. I thank especially my noble friend Lady Wilcox of Newport for giving us practical evidence of how this legislation can work. I will return to some of the points she made. We have also seen the evidence in reports from your Lordships’ House and have had debates in your Lordships’ House.

The Institute of Chartered Accountants has indicated that intergenerational relationships are under strain. That was also highlighted by the Resolution Foundation, which reported that by the age of 30 young people are

“earning no more than those born 15 years earlier”.

On housing, as we have heard in the debate, young people today are paying more, owning less and commuting further.

The noble Lord, Lord Crisp, made a point about unintended consequences. We face a health issue too because of our insufficient focus on prevention. I will return to that; it is another global issue on which we can learn from other countries.

Your Lordships’ Select Committee on Intergenerational Fairness and Provision showed that intergenerational fairness is an increasingly pressing concern for both policymakers and the public. It rightly drew attention to the fact that many in younger generations are struggling to find secure, well-paid jobs and secure, affordable housing, while many in older generations risk not receiving the support they need because Government after Government have failed to plan for a long-term generational timescale. Social care is an issue of particular concern here. As that committee quite rightly also pointed out, the relationship between older and younger generations is still defined by mutual support and affection. However, the action and inaction of successive Governments risk undermining the foundation of this relationship, as so ably described by the noble Baroness, Lady Benjamin.

How do we ensure that the interests of future generations are considered? Does this Bill meet the challenge? The key provisions that we have discussed are: focusing on well-being goals and mechanisms to ensure that they are properly addressed; a future generations impact assessment; a future generations commissioner; a joint parliamentary committee on future generations; and the fact that we should also focus on the private sector. I totally agree with that. We should be concerned not only about the actions of government but about how we change culture—not just enterprise but civil society and all organisations that can impact. Again, I will return to that in a moment.

As we have heard in this debate, in 2015 the Labour Government in Wales introduced its own Well-being of Future Generations (Wales) Act, which requires decisions to be measured against a range of long-term outcomes, including health, the environment and social cohesion. As the noble Lord, Lord Bird, said, his Bill was inspired by that legislation. The noble Baroness, Lady Andrews, quite rightly stressed the need to learn lessons. I like the fact that my noble friend Lady Wilcox highlighted the four key elements: long-term prevention, integration, collaboration, and involvement. Actually, those are four key principles that could apply to every aspect of our lives, but certainly of our lives in terms of public service.

The other aspect that I want to focus on is that in 2019 Labour made a commitment that when in government it would introduce a new future generations well-being Act for England that would place a duty on the health service, public bodies and the Government to take account of population health and well-being, now and in future, when making their decisions. The shadow Health Secretary, Jonathan Ashworth, said at the time:

“Our health policy will be driven not just by a focus on cure but on radically improving prevention and social wellbeing too.”


The noble Lord, Lord Crisp, and I have had many debates about this issue. One of the lessons that we are learning when it comes to extending universal health coverage is what has the greatest impact. Countries in Africa are investing in health systems that may look primitive in a way but are actually addressing issues of prevention in a much more coherent and better way than we have done in our own country, where we are now facing a huge problem with non-communicable diseases that will impact on the generation to come. That is why we should be focusing on that.

I want to return to an issue that my noble friends have raised. The real issue about the proposed Bill is not the ends—I am sure the Minister will agree with the sentiments being expressed—but the means that we need to focus on. That means looking not just at the way that the Government act but at the way that they listen and respond. My noble friend Lady Massey is right to focus on the UN Convention on the Rights of the Child. Children need to be heard in this process.

I welcome the note that the noble Lord, Lord Bird, sent round about the Bill and the means and mechanisms to ensure the involvement of young people. The Youth Parliament was mentioned, as were schools. As we move into Committee, we need to focus on the role not just of the commission but of other aspects of our civil society, where we can actually ensure that we engage with and hear children in our society. We are certainly not doing that at the moment. When it comes to climate change, the message that we are getting from schoolchildren in the demonstrations and the school strikes is: “We are not being heard and you should listen.”

I hope that the Minister will not only join me in supporting the Bill but take up the offer, which I think is a positive one, from the noble Lord, Lord Aberdare: there is an opportunity for us to work together. I am certainly keen to meet the Minister to find ways in which the Bill can be improved and sustained so that it actually contains the means to deliver the ends.

Detainee Issues

Lord Collins of Highbury Excerpts

Thursday 18th July 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. It is extremely disappointing that the Government failed to implement the Intelligence and Security Committee’s recommendations to commission an independent and judge-led inquiry, especially in the light of the comments by the UN Committee Against Torture, which has called on the UK to,

“establish without further delay an inquiry on alleged acts of torture and other ill-treatment of detainees held overseas … by, at the instigation of or with the consent or acquiescence of British officials”.

We must remember that at the heart of the historical allegations of torture and rendition lie the stories of dozens of victims of this abuse, many of them innocent of any crime.

In the other place, David Lidington said that the Government did listen to the ISC and that the new principles reflected in many detailed aspects the precise recommendations of the committee in its two reports of 2018. So, if the Government are so confident that all the lessons of the past have been learned and that the abuses of the past cannot be repeated, what exactly do they have to fear by allowing a judge to look into this issue to examine all the evidence, interview all the witnesses and look at the new procedures and rules so that he or she can tell the Government whether they are right?

I turn to the new guidelines published today. I welcome the fact that they have been published, but I am concerned that the input of civil society might not have been fully considered. On this point, David Lidington said that Sir Adrian, in the course of his review, took great care to consult civil society. He convened meetings where representatives of civil society could make their representations to him and put forward their ideas. Is the Minister willing to say this afternoon exactly what Sir Adrian chose not to reflect from particular civil society organisations in his final report and recommendations? This process needs full transparency and open examination of all the issues, and that is why it is so important to have a full inquiry.

[Baroness Ludford (LD)]

My Lords, I thank the Minister for repeating the Statement. However welcome it is that the Government have accepted the Investigatory Powers Commissioner’s recommendations to replace the current consolidated guidance with new principles, the refusal to re-establish a judge-led inquiry, which was promised nearly a decade ago, is deplorable. The Intelligence and Security Committee, under the chairmanship of Dominic Grieve, did its best in the reports it produced a year ago, but the Prime Minister denied it access to relevant witnesses such that it was unable to conduct an authoritative inquiry and produce a report, so it had to stop.

However, the ISC estimated, on the basis of the research it was able to do, that UK personnel had been involved in 2,000 to 3,000 detainee interviews in the period 2002 to 2004. It found 166 incidents recorded, and there were huge gaps in the records, where UK personnel either witnessed detainee mistreatment, were told of it by the detainees themselves or were told of it by foreign agencies. In addition, the ISC found 198 recorded cases where UK personnel received intelligence that they knew or should have suspected was tainted as it resulted from detainee mistreatment. That makes getting on for 400 cases, some of which would surely have involved torture or illegal behaviour by British officials. Since the ISC found a lot of gaps in those records, it could be many more. Then there is complicity in illegal rendition, secret imprisonment and disappearance. It is not acceptable to try to bury this sorry, disgraceful history. There needs to be transparency and accountability in establishing the truth, not a continued cover-up. Anything less may well breach the requirements of the European Convention on Human Rights.

Like this Statement, today’s Written Statement from the Prime Minister on the new principles asserts that the Government’s policy is not to,

“participate in, solicit, encourage or condone the use of torture or cruel, inhuman or degrading treatment”.

It would be extraordinary if it were otherwise. However, there still seems to be wriggle room for Ministers to authorise co-operation with torture and inhuman treatment, in breach of international law. Can the Minister assure us that the Ministry of Defence document revealed in May—it made clear that Ministers permitted themselves to share intelligence with allies even if there was a serious risk of torture—is now redundant and has been withdrawn, and that the principles would ban both Ministers and personnel from taking such a real risk?

On that note, can the Minister assure us that the extradited Hashem Abedi, the brother of the perpetrator of the appalling Manchester Arena bombing, was not mistreated or tortured in Libya?

The suspicion must exist that this brushing under the carpet is to please President Trump at a time when the likely next Prime Minister is keen to be chummy with him. That would be morally shameful. The ISC reported MI6 as saying that, post 9/11, there was,

“an unconditional reflex to support the United States, which … came from the political centre”—

namely, No. 10. The ISC concluded that,

“the UK saw itself as the poor relation to the US, and was distinctly uncomfortable at the prospect of complaining to its host”.

I am afraid that, once again, this sounds all too familiar.

In 2010, the coalition Government resolved to establish the truth through the powers of a judge. It is shocking that this Conservative-only Government have abandoned that attempt.

Brexit: European Arrest Warrant (European Union Committee)

Lord Collins of Highbury Excerpts

Thursday 8th February 2018 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I too thank the noble Lord, Lord Jay, for his excellent introduction to this debate and all noble Lords on the committee for the excellent report. This has been a great debate. It has shown a great deal of consensus across the Chamber that the European arrest warrant has brought significant benefits to the United Kingdom. Each year around 1,000 individuals are surrendered to other EU member states under the EAW. According to the report, on average the UK issues more than 200 European arrest warrants seeking the extradition of individuals to this country.

In the debate we have heard about the fundamental contradiction of the Government’s position. They have the stated priority that we remain part of the arrangement; however, in their White Paper on the UK’s exit and the new partnership with the EU, they have also confirmed that they plan to bring an end to the jurisdiction of the CJEU in the UK, with case law developed post Brexit having no formal status in the UK.

As the report lays out, a lack of oversight and adjudication by the EU supranational institutions represents a practical barrier to co-operation between the United Kingdom and the EU 27 on criminal justice, which, as we heard in the debate, is reliant on the principle of mutual recognition of judicial decisions between member states. Fundamentally, restoration of the UK’s full judicial sovereignty will make it very difficult, as my noble friend highlighted, to create a level playing field in criminal justice co-operation. In relation to areas of potential divergence, such as data protection, these complexities are exacerbated by the Government’s refusal to incorporate into domestic legislation the fundamental charter.

A no-deal Brexit will make the challenge of continued co-operation that much harder. The default outcome would be to revert to the Council of Europe Convention on Extradition 1957 as the legal basis for extradition between the UK and the remaining EU member states. The noble and learned Lord reminded us of its history and the problems that that could bring.

On the report, noble Lords have referred to the fact that the witnesses giving evidence to the committee were clear that this was not an adequate substitute for the EAW and represented a cliff edge. Even with the amendments to the Extradition Act 2003 the result would be a significantly slower extradition process which represented a political rather than judicial approach to extradition and would have rule of law as well as security implications.

As the noble Lord, Lord Hannay, rightly pointed out, in a Protocol 36 decision in 2014 the UK Government had to decide whether to accept the jurisdiction of the CJEU in return for the continued use of tools such as the EAW. Now as then, the safety of the people of the United Kingdom should be the Government’s overriding consideration. The report explores the possibility for a bespoke dispute resolution mechanism in the area of criminal justice co-operation. Evidence submitted suggested that for the enforcement of criminal judgments and the EAW this would have to be a court. Only a court can appropriately review decisions affecting the liberty of an individual, as my noble friend Lady Kennedy highlighted. A political resolution mechanism or arbitration will simply not be sufficient.

The noble Lord, Lord Jay, highlighted one possible template referred to by the committee: the EFTA court, with jurisdiction over states which are party to the EEA agreement. Although EEA agreement states exist outside the scope of the jurisdiction of the CJEU, the EFTA court guarantees sufficient homogeneity between the two systems to avoid significant disputes. But as my noble friend Lady Kennedy again pointed out, the EFTA system took many years to negotiate. It has never been applied to justice or home affairs issues, only internal market concerns, and applies to two European states moving towards EU membership that also participate in the Schengen area.

The report entitled Brexit: Future UK-EU Security and Police Cooperation concluded that,

“the most promising avenue for the Government to pursue may be to follow the precedent set by Norway and Iceland and seek a bilateral extradition agreement with the EU that mirrors the EAW’s provisions as far as possible”.

This model of harmonisation would require a duty of constant review of CJEU case law and a clear political dispute resolution mechanism. What we have heard throughout the debate is that the failure to co-operate will hamper the UK’s ability to combat crime, including organised crime, people trafficking and terrorism. The Government’s stated prioritisation of the EAW is incompatible with their plans to bring an end to the jurisdiction of the CJEU in the United Kingdom. The UK and the EU will need an agreed international body which effectively acts as a safeguard against unlawful warrant issuance. Only a court can appropriately review decisions affecting the liberty of an individual, and consequently this international body will have to be a court. It is very unlikely that the EU will agree to the jurisdiction of an independent judicial body that is distinct from the CJEU.

A no-deal Brexit will make the challenge of continued co-operation that much harder, and of course reverting to the 1957 Council of Europe convention is no answer either. Unlike the Government’s response, Labour would not only allow for continued jurisdiction of the CJEU to provide for continued co-operation with EU member states on extradition arrangements, it would work with international institutions to increase UK judicial oversight of this process. Doing so would provide the safeguards to balance effective extradition and the protection of basic rights and freedoms.

We come back to the fundamental issue here, which is the security of our people. This system works and the Government have imposed a red line that simply will not work. I know that the Minister is excellent at squaring the circle. In his response to the debate I hope that he will be able to do that, but I fear that he will fail.