European Union (Withdrawal) Bill

Debate between Lord Paddick and Baroness Hayter of Kentish Town

Report: 2nd sitting (Hansard): House of Lords
Monday 23rd April 2018 Lords Chamber

[Lord Paddick (LD)]

My Lords, I will speak to this amendment, to which I have added my name. I have spoken to former colleagues, particularly in the National Crime Agency, who have particular responsibility for European co-operation and they are very concerned about the potential consequences of our leaving the European Union. Clearly, in terms of counterterrorism intelligence, most arrangements are bilateral and therefore will not be affected, but bringing those people identified as terrorists to justice very much relies on European Union co-operation.

No doubt the Minister will say that this is an absolute priority for the Government. I have run out of fingers on which to count the number of absolute priorities that this Government have as far as leaving the European Union is concerned. Whichever Minister responds will say that of course it is in the interests of the United Kingdom and the European Union to maintain current levels of co-operation on these issues, but the important point that my noble friend has already been made, particularly in relation to the constitutional issues around Germany and extradition, is that the UK and the European Union may want the current arrangements to continue as far as possible, but the question is what is legally and constitutionally possible if the United Kingdom becomes a third party country and is not a member of the European Union.

There is one other issue related to the previous amendment, and that concerns the fact that we will no longer have a seat at the table at Europol. At the moment, the United Kingdom is central in directing the operations of Europol and in having influence over what Europol does, but it is not possible for a third party country to have that degree of involvement in, or that amount of influence over, Europol. Therefore, clearly British interests will lose out following any exit from the European Union.

Therefore, I ask the Minister to explain how these legal and constitutional obstacles will be overcome and how we will be able to be as influential and effective as we currently are in working with our European neighbours if we no longer have a seat at the table.

[Baroness Hayter of Kentish Town]

My Lords, it is really hard to overstate the importance of the issues raised this evening or, indeed, to understate the lack of government progress on them. It was in February of last year that the Government recognised the importance of the issues. Just so, but what action have they taken and what thought has been given to them since then? There was the welcome commitment to negotiate continued or enhanced co-operation in Munich, but what does that mean? We have heard little or nothing.

This evening we have heard from the noble Lords, Lord Paddick and Lord Wigley, and the noble Baroness, Lady Ludford, about Europol, about Eurojust from the noble Lord, Lord Wigley, about the European arrest warrant from everyone who has spoken, about European criminal records and about the Schengen Information System. These are networks that help to keep our people safe. It clearly cannot undermine any negotiations that the Government are having for us to know what they want to achieve, because we assume that they have already shared this with the EU 27. I wonder whether what they worry will undermine the negotiations is their obsession with the red line around the ECJ or their relationship with their own Back Benches. If not, why are we not hearing more?

I want to concentrate on the issue that is perhaps easiest to understand, which is the European arrest warrant, and not simply from the point of view of where the countries named by the noble Baroness, Lady Ludford, might have a difficulty with it. Are we going to recognise any arrest warrant from the other countries? We do not even know that yet. What access will our law enforcers have to the checks, records and intelligence sharing that they use not simply day by day but hour by hour? As the noble Lord, Lord Wigley, says, time is running out. We need some answers to that.

The amendment would ensure that the Government prioritised these issues over their concern with hard Brexiteers, who seem willing for the country to pay any price, even dropping out of the EAW, simply so that they can say, “Yeah, we’re shot of them”. That is a price that is too high to pay. It would put our security and justice outside an organised, functioning European system—one that has given us great confidence that we are being properly protected. This is an area where the Government need to give some leadership and come up with real proposals that can be implemented to keep all our people safe.

European Union (Withdrawal) Bill

Debate between Lord Paddick and Baroness Hayter of Kentish Town

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Paddick (LD)]

My Lords, I apologise for not speaking at Second Reading; I took the view that I was unlikely to add anything new, bearing in mind the number of speakers. However, I have a few new things to add as a result of today’s debate. I had more than 30 years of service in the Metropolitan Police Service—which pales into insignificance when you consider the experience of the noble Lord, Lord Hogan-Howe—but I have also been briefed by the National Crime Agency lead on Brexit and by the director-general of the National Crime Agency on these issues.

It might be considered a technical point, but there is a difference between counterterrorism intelligence exchange and law enforcement. The counterterrorism intelligence tends to be of such a sensitive nature that it is exchanged on a bilateral basis and therefore is nothing to do with the European Union. When sensitive data, for example, are shared by the United States with the United Kingdom, the United States would not do that if it was on the basis that the United Kingdom would then share all that intelligence with the EU 27. However, there is a technical difference between counterterrorism in terms of intelligence and counterterrorism in terms of bringing terrorists to justice, and here we are talking about bringing people to justice using these various mechanisms.

My noble friend Lady Ludford referred to the European Court of Justice and the Charter of Fundamental Rights as two important mechanisms which allow this co-operation to take place within the European Union. In her Munich speech, the Prime Minister tantalisingly mentioned the European Court of Justice and the potential for a role for it after the UK had left the European Union in relation to things such as the European arrest warrant. The noble Baroness, Lady Kennedy of The Shaws, made the point that this is not about relationships between two sovereign nations, it is about individual rights in terms of whether an individual is going to be moved from one country to another. Perhaps the Minister can give us some clarity on the Government’s position on the European Court of Justice by explaining what the Prime Minister meant in her speech.

The noble Lord, Lord Cormack, talked about the need for the closest possible co-operation, which is what the National Crime Agency would say, and that the measure of the success of the negotiations would be how closely we can replicate the existing arrangements. I believe that the Government’s position is that they want to replicate all of these things as far as possible, and that is what I took from what the Prime Minister said. So to say that the Government cannot give away their negotiating position by saying what the objective is going to be is not, I think, true in this particular case. Perhaps the Minister will tell us that what the Government seek to achieve is as close as possible to the arrangements we have, but that is not the question. The question is how the Government are going to secure those arrangements; that is the critical question, not what they are seeking to achieve, but how they are going to do it. That is because there seems to be a contradiction between not wanting to have any jurisdiction of the European Court of Justice on the one hand and yet wanting to participate in things such as the European arrest warrant on the other.

The noble Baroness, Lady Kennedy of The Shaws, helped the House to introduce the very important issues around protected persons. For example, the victims of domestic violence have the protection of orders that are made in one country enforced in another, which brings a new dimension to the importance of these arrangements. The noble Baroness, Lady Massey of Darwen, and the noble Earl, Lord Listowel, talked about the importance of the protection of children through the European arrest warrant and the other measures, in particular the European Criminal Records Information System, which enables law enforcement to quickly check the antecedents of people who are suspected of these sorts of offences. These are extremely important issues in terms of bringing people to justice and in terms of protecting citizens not only of the United Kingdom but of other European states. We have heard from my noble friend Lord Thomas of Gresford how extradition can take years—four and a half years in the case he mentioned—whereas under the European arrest warrant justice can be brought far more swiftly.

For me, the essential question is not what the Government want the end position to be, because that is quite clear—and it is certainly what the National Crime Agency and other law enforcement officers want, and indeed what the noble Lord, Lord Hogan-Howe, has also said. The question that the Government need to answer is this: how on earth is this going to be achieved, bearing in mind their apparent contradictory stances on other issues such as the European Court of Justice?

[Baroness Hayter of Kentish Town]

My Lords, as we have heard, these amendments relating to reciprocal issues are key to continuing to protect and assist British citizens after Brexit, including children and protected persons, in ways that hitherto our EU membership and cross-border agreements have provided. In particular these are the European arrest warrant, the mutual recognition of family court judgments, information exchange, Europol and Eurojust.

The Government’s approach to these issues must be agreed in principle with the EU in time to be included in the framework part of the Article 50 requirements and form part of the withdrawal agreement, so a satisfactory approach to these will be key to the future vote on that deal. However, as we have heard from speakers tonight, there seems to be an extraordinary lack of urgency, especially if there is any chance—I am not sure whether this is what the noble Lord, Lord Hannay, hinted at—that a standstill transition agreement could not cover these issues. That would make it even more urgent.

I ask in particular about the Government’s urgency, or lack of it, as I began asking Written Questions on this a year ago. The noble and learned Lord, Lord Keen, will remember it very well: it was on St Valentine’s Day last year—I do not think he chose it to be that day, but never mind—that he answered some of my questions on matrimonial and maintenance proceedings. It was very reassuring: he said that the Government,

“recognises the importance of the issues”.

Wow. There was no more than that then, nor indeed on civil judicial co-operation and cross-border disputes and family law when he replied to a similar Written Question in August. I worry about the lack of progress since then.

As the Prime Minister has remarked and others have repeated, keeping our citizens safe is the first mission of any Government. Therefore, like others, I welcome that she used the Munich speech to reiterate her desire to negotiate continued, and in some cases enhanced, co-operation with EU nations and particularly with these bodies and schemes. As we have heard, the amendments cover the Schengen Information System, the European arrest warrant, the European Criminal Records Information System, Europol and Eurojust. Given what we have heard today and in earlier debates, the Minister will recognise the importance of our continued participation in all of those, but also the challenges that that will bring to them in negotiating.

While we heard from Munich the desire for this comprehensive agreement, it is time for the Minister to offer a bit more detail and clarity sooner rather than later. It is about the direction of travel or the objectives. It does not undermine any negotiations for us, not just our Parliaments, to know what the Government want to do. As the noble Lord, Lord Deben, said, it is time for the Government to move from intention to reality. These issues, as has been touched on just now, are partly held up by an obsession with red lines around the ECJ. They cannot be allowed to stand in the way of some logical and sensible solutions to these problems. These issues are too important to be left to a divided Cabinet. At the moment I see a pantomime horse, or Dr Dolittle’s pushmi-pullyu, being pulled in two different directions, mostly about red lines that are immaterial to the issues we have been discussing. I hope we can hear about some direction and some practical steps from the Minister, particularly on how these negotiations are taking place.