Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020

Lord Ponsonby of Shulbrede Excerpts

Thursday 29th October 2020 Grand Committee

[Lord Ponsonby of Shulbrede (Lab) [V]]

My Lords, the purpose of this instrument is to make transitional provision so that when the EU exit transition period ends the current regime for taking account of previous criminal convictions in relation to convictions in the EU will continue where criminal proceedings in the UK begin before the end of the transition period but conclude after it ends. Proceedings beginning after the end of the transition period will be dealt with under a new regime. When the UK ratified the withdrawal agreement, we agreed the framework for taking into account criminal convictions in the EU. It is right that it be extended to court proceedings that start in the transition period but conclude after it ends.

I remind the House that I sit as a magistrate in central London. I regularly deal with foreign nationals, both EU nationals and non-EU nationals, who are brought before the court for whatever reason. Very occasionally I see a record of their offences in their home country or another country. It is welcome when that information is available but, in my experience, it is rare to get it. In addition, I have never been told that a check has been done on a foreign country with a negative result. Usually we do not know whether that check has been done. I sit in the lowest court, the magistrates’ court, and it may be that these checks are more usually done for more serious matters, such as those in Crown Courts, but my experience is that I rarely see the information when I am making sentencing decisions.

Speaking on behalf of the Opposition, we support this statutory instrument. However, I agree with the sentiments expressed by the noble Lord, Lord Thomas, that it is a testament to a very limited ambition, and I would be interested to hear what the Minister has to say about what she expects to be in place when we get past 31 December.

I conclude by saying to the Minister that, whatever the future arrangements are, the current arrangements leave a lot to be desired. Although they were theoretically in place, from my experience they certainly were not acted on in courts in London. Therefore, I hope that she will be able to reassure us that the Government have an ambition to improve the information available to courts, as has been the case under the current arrangements.