European Union (Withdrawal) Act

Lord Hanson of Flint Excerpts

Wednesday 5th December 2018 Commons Chamber

[Sajid Javid]

I will happily do so, although I do not have the exact paragraph before me. In terms of the SIS II database, the document refers to the wanted and missing persons database. It also refers to another database—on European criminal records—in a similar vein. The declaration says that we will consider co-operation on those databases, but it does not guarantee that.

[David Hanson (Delyn) (Lab)]

Could the Secretary of State point me to the pages in the document that he has published that give guarantees on our continued membership of Europol, Eurojust and the European arrest warrant? As a former Home Office Minister, I can tell him that they are critical to the safety of our citizens, but they are absent from the document.

[Sajid Javid]

The agreement clearly refers to the mutual exchange of data on passenger name records, DNA, fingerprints, vehicle registrations and fast-track for extradition—which I will cover later in my speech—as well as continued co-operation with Europol and Eurojust.

--- Later in debate ---

[Ms Abbott]

I absolutely share that concern.

[David Hanson]

The critical point that my right hon. Friend needs to be aware of is that the European arrest warrant is subject to the ECJ for other European countries, and the Government have specifically said that we should not be a member of the ECJ, so we would have to have individual relationships with each country and would therefore be less safe under the Government’s proposal.

[Ms Abbott]

I will come to that point, but I will say now that the Prime Minister’s red lines, one of which was the ECJ, may well prove to have been reckless. The EU insists on treaty arrangements governing key aspects of international security, justice and policing, as do we. Without a treaty, courts have no legal basis to implement arrest or extradition warrants and cannot allow third countries access to criminal and other databases. We are on course to become a third country in our relationship with the EU. Because there is no security treaty planned or even aimed for in the exit documents, the level of co-operation between the UK and the EU post Brexit could be severely and unavoidably downgraded.

Ministers will be aware that neither France nor Germany will automatically extradite to non-EU countries—their constitutions say that. There will be a mutual loss of the use of the European arrest warrant, and the UK will no longer be able to access the Europol database in real time. In addition, as a third country, the UK’s access to databases of criminal records, fingerprints, DNA and missing and wanted persons will be compromised. Ministers promise a future security partnership between this country and the EU. However, the assurance on access to SIS II and the European criminal records information system is only that

“the UK and the EU have agreed to consider further how to deliver capabilities that, as far as technically and legally possible, approximate those enabled by EU mechanisms”.

That is not the same as assuring us of the same level of co-operation that we have today. In relation to the European arrest warrant, there is not even that promise. On passenger name records and the exchange of DNA, fingerprints, and vehicle registration, the agreement says:

“The UK and the EU have agreed to establish reciprocal arrangements”.

It does not say that they have established reciprocal arrangements; it is a wish for the future. However, without appeal and oversight by a court—that role is currently played by the ECJ—all these things could be subject to legal challenge in practice.