Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020

Lord Garnier Excerpts

Thursday 26th November 2020 Lords Chamber

[Lord Garnier (Con) [V]]

My Lords, the noble Baroness, Lady Ritchie, always informs our debates. One of the fears that I had during the Brexit debate before the referendum was that if we left the EU, we would damage the co-operation, and its speed and effectiveness, between the law enforcement and investigatory agencies of the United Kingdom and the remaining 27 states. Since we joined the EU, the bilateral assistance that our agencies have given individual EU countries and vice versa has only improved. Although there have been some glitches and a few eccentric decisions flowing from the use of European arrest warrants, the EAW system, as well as the wider international assistance in law enforcement and co-operation between the security services, has worked well to our mutual benefit.

I agree with my noble and learned friend Lord Mackay of Clashfern; my noble friend the Minister has clearly explained the ambit and purpose of these regulations. They should ensure that, when translated into our national law, they will be every bit as effective as before and deal with any deficiencies in retained EU law. There is a list of about 20 separate areas of law enforcement activity covered by these regulations in which we have, as a member of the EU, co-operated with other EU countries. No one can doubt their continuing importance to our own and our shared protection from the activities of the most serious criminals.

It is clearly vital that these regulations should be in force before 31 December this year and I doubt that the regulations themselves are controversial. The Government’s intentions are clear and understood. That said, the noble Lord, Lord Reid of Cardowan, has made some pertinent points. However, I should like my noble friend the Minister to reassure me that, even when we have finally left the EU in the new year, the practical and operational work covered by the current legal framework will not diminish in volume and quality.

Terrorists, money launderers, cyber criminals and human traffickers will exploit any lack of international co-operation. They do not care or mind whether we are in or out of the EU. Investigations into their activities, and their prosecution with evidence gathered from both sides of the channel, must carry on without reduction or legal impediment after 31 December with the same, and even increased, operational vigour as they have until now. Departure from the EU is no reason for any alteration in our approach or metaphorically to cut the wires between the United Kingdom and the EU 27.