Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020

Lord Bhatia Excerpts

Thursday 26th November 2020 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, the Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 allow for the implementation of the separation provisions in the UK-EU withdrawal agreement relating to law enforcement and security co-operation. Although the UK has left the EU, it continues to participate in a range of EU law enforcement and criminal justice co-operation schemes. This participation will continue until the end of the transition period.

The Home Office states that this SI has three functions. First, while the EU withdrawal agreement Act implemented the withdrawal agreement, this SI would make the “necessary further, specific amendments” to give full effect to the LECJ separation provisions in the agreements. The separation provisions require the continued application of EU measures in cases still ongoing at the end of the transition period. Secondly, the regulations amend UK law to give effect to provisions which require the preservation of relevant law on criminal justice data and information collected prior to the end of the transition period. Thirdly, as the body of EU law relating to LECJ co-operation either ceases to apply in the UK or is transferred into “retained EU law” at the end of the transition period, the regulations would make amendments to “address deficiencies” in the retained law. For that purpose, the current regulations would amend the two regulations passed in March 2019 to take account of EU law which has come into force since they were made.

On 18 November, the Minister for Security said that scope of the regulations was “narrow” and they would be required under any scenario in which the UK had left the EU. He went on to say that this SI

“will provide legal and operational clarity regarding the handling of live law enforcement and criminal justice related cases and procedures at the end of the transition period, and will ensure that the United Kingdom has a fully functioning statute book.”—[Official Report, Commons, Fifth Delegated Legislation Committee, 18/11/20; col. 3]