Shamima and Jarrah Begum

Debate between Lord Jay of Ewelme and Baroness Williams of Trafford

Monday 11th March 2019 Lords Chamber

[Baroness Williams of Trafford]

My noble friend is absolutely right that the interests of a child should be paramount for local authorities. However, if that child is not in this country and is, for example, in Syria, they are—it is sad to say—beyond our help.

[Lord Jay of Ewelme (CB)]

My Lords, the Minister rightly said that this case involves a highly complex set of issues—Britain’s security, the need for effective justice and the possibility of human rights abuse. But would she not agree that the tragic death of little Jarrah illustrates a much wider issue: that the British Government have a responsibility to British citizens, whoever they are, wherever they are and whatever they have done, and that the right thing is to bring them back to face justice, which we believe in and which surely has the right combination of fairness and robustness?

[Baroness Williams of Trafford]

The noble Lord raises a very important question. Of course, if British people who go to Syria return, they face the full force of the law as to why they travelled to that country when the Government had given every advice against doing so. The noble Lord will know of many cases where citizens return. However, to go into a war zone and retrieve someone is beyond what the Home Secretary is willing to do. Of course, the other point is that the Government put a huge amount of money into the region in humanitarian assistance, but the Home Secretary has rightly said that he will not risk the lives of British officials to go to retrieve foreign fighters—or, indeed, the children they have brought with them.

Brexit: European Union Police Databases and Extradition Arrangements

Debate between Lord Jay of Ewelme and Baroness Williams of Trafford

Wednesday 20th June 2018 Lords Chamber

[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.

[Lord Jay of Ewelme (CB)]

My Lords, Michel Barnier said in his speech:

“To negotiate an ambitious new relationship with the UK, which we all want, we need more realism on what is possible and what is not when a country is outside the EU’s area of justice, freedom and security”.


Would the noble Baroness agree that we need much more realism on both sides, on the British side and on the European Union side, if the negotiations, which matter so greatly to the security of all our people, are to succeed? I was also greatly alarmed to hear that these negotiations have “only just” begun.

[Baroness Williams of Trafford]

As I said to the noble Baroness, Lady Hayter, these are political choices that will be decided in the course of the negotiations. I think that both sides will be realistic in the final analysis and in what is ultimately agreed. I have full confidence in that.