Leaving the EU: Security, Law Enforcement and Criminal Justice

Lord Hanson of Flint Excerpts

Wednesday 18th January 2017 Commons Chamber

[Brandon Lewis]

I appreciate the right hon. Gentleman’s agreement with my position so far. He makes an important point. I will come specifically to the issue of data sharing. As we all understand, we live in a world of global work; people are working across borders, particularly when it comes to criminality. We need to be well equipped to deal with that.

Criminality and terrorism are increasingly transnational. International organised crime groups exploit vulnerabilities such as inadequate law enforcement and criminal justice structures. Threats that we now face, such as cybercrime, which is moving ever more quickly, or online child sexual exploitation, are by definition international in a technologically interconnected world. The UK National Crime Agency’s most recent public estimate suggests that more than 6,000 organised crime groups are seeking to operate in the United Kingdom.

[Mr David Hanson (Delyn) (Lab)]

Will the Minister give me some reassurance on the issue of the European arrest warrant? Before the last election, during a debate in this House, the current Prime Minister, then Home Secretary, fought hard to get the warrant through the House in the face of some opposition from some Members. Will the Minister say whether we will secure the powers of the warrant post Brexit?

[Brandon Lewis]

As the right hon. Gentleman will be aware, we are at the start of negotiations. I cannot predict where we will end up. However, I will come specifically to the European arrest warrant and its implications for us in a few moments.

Criminal networks are driving migrant smuggling; Europol estimates that more than 90% of migrants travelling to the EU used facilitators—provided, in most cases, by criminal groups with an estimated turnover of €3 billion to €6 billion in 2015 alone. We are at the beginning of a complex process to agree a new relationship with the EU. This is new territory for both sides, and it is way too early to say exactly what that relationship will look like. I am sure there will be many and varied views expressed from around the Chamber today and in the months ahead, but I am also confident that nobody will argue against the importance of fighting cross-border crime and of defending security across Europe.

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[Brandon Lewis]

The right hon. Gentleman tempts me to give a running commentary and to prejudge the outcome of the negotiations and work in the couple of years ahead, but I will resist. However, I will say that while we remain a member of the EU we recognise the jurisdiction of the European Court of Justice over the measures that we have opted into. It is too early to speculate on exactly what our relationship with the European Court of Justice will be after we leave the EU. That work will be done as we go forward.

I have already spoken to several counterparts in Europe, as have the Home Secretary and many of my colleagues across Government. In my conversations with colleagues across Europe, I have been encouraged by their view that it is essential to find a way for our shared work on security to continue, but we do have questions about how that should happen in practice and we need to work through answering them. This will be complex and subject to negotiation. We are committed to finding a way forward that works for the UK and the European Union. The Home Office is working with Departments—such as that of the Minister of State, Department for Exiting the European Union, my right hon. Friend the Member for Clwyd West (Mr Jones), who will be closing the debate—across Whitehall to analyse the full range of options for future co-operation.

We are liaising closely with our colleagues in the devolved Administrations as it is crucial to ensure that we find a way forward that works for all of the UK. We are drawing on the invaluable frontline experience of operational partners such as the National Crime Agency and the Crown Prosecution Service, and I am grateful for the ongoing contributions of all those organisations. The work is being drawn together with the support of our colleagues in the Department for Exiting the European Union and will form part of our wider exit negotiation strategy.

[Mr Hanson]

rose—

[Joanna Cherry (Edinburgh South West) (SNP)]

rose—

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[Brandon Lewis]

I will make a bit of progress before I give way again.

Our current model of EU co-operation centres on a number of legal agreements or tools. Broadly speaking, the tools provide the frameworks for practical co-operation arrangements and information-sharing mechanisms, as hon. and right hon. Members have mentioned, as well as establishing minimum operating standards to support cross-border judicial and law enforcement co-operation. They include measures such as the European arrest warrant, Europol, the European criminal record information system, prisoner transfer agreements and the Schengen information system. They are designed to protect the rights of defendants and the vulnerable across borders, facilitate mutual co-operation and support practical processes for fighting cross-border crime and delivering justice.

Over the years, we have been leading proponents of the development of a number of security measures within the EU, backed by proportionate safeguards. Leaving the EU does not mean that we are walking away from that close co-operation with our nearest neighbours.

[Mr Hanson]

I am looking at Europol’s website, which states:

“We do this by assisting the European Union’s Member States in their fight against serious organised crime” .

If we are not a European Union member state, what are the negotiating terms for us still to access Europol?

[Brandon Lewis]

If the right hon. Gentleman looks further into Europol’s website, he will see that there are already associate member states, such as the United States, which form a very large contingent in Europol. That is just one example, and I will mention Europol specifically in a few moments.

The EU law enforcement and criminal justice toolkit has evolved over many years in response to changes in the nature of the EU, international security threats and the increased movement of people across borders. The justice and home affairs opt-out decision in 2014 gave us the opportunity to consider the value of certain pre-2014 measures to the UK. Although that decision provides a useful reference point, it is important to be clear that the situation following the outcome of the EU referendum means that the context is now different. To state the obvious, we will no longer be a member of the EU so, unlike the 2014 decision, the question now is not whether we wish to seek to re-join certain measures as a member state. Instead, we have to consider how we should interact with the EU security, law enforcement and criminal justice toolkit from outside the EU.

We are considering the full range of possible options. We are looking at existing arrangements for third country co-operation with the EU, which can inform discussions, but it is important to be clear that we are not looking to replicate any other nation’s model. We are at a unique starting point with a strong history of working closely with the member states as partners and allies. As I mentioned, we will make a key contribution to security and justice in Europe and globally, and will seek an agreement with the EU that recognises the unique position we hold.