Draft Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020

Louise Haigh Excerpts

Monday 23rd November 2020 General Committees

[Louise Haigh (Sheffield, Heeley) (Lab)]

I do not wish to detain the Committee longer than necessary, because the Labour party clearly supports the statutory instrument, which ensures that the existing regulatory regime continues to operate in substantially the same manner as before the end of the transition period.

I know that the Northern Ireland Justice Minister, Naomi Long, has consented to the devolved aspects of the SI being legislated for in Westminster, as the Minister said. However, given that the SI and the provisions in the protocol will require separate licences to be issued by the NIO to individuals in Great Britain for possession or use of explosive precursors, will the Minister outline how the NIO intends to ensure the ongoing continuity of those licences as regulations from the EU change over time? The impact of Northern Ireland aligning with a certain set of single market rules and regulations is not limited to explosive precursors but applies to all product requirements and safety, so it would be helpful to understand the NIO’s thinking on how the inevitable changes to these regulations and others will be monitored and implemented under the protocol.

Democratic input from representatives in Northern Ireland must be actively sought and understood in Westminster for that monitoring and implementation to be effective. Today’s regulations may be niche, with minimal impact on businesses and communities, but tomorrow’s almost certainly will not be, with much broader implications. Is it clear to the Minister what would happen if, for example, an Executive Minister refused for devolved aspects to be legislated for in Westminster? What will the process for democratic engagement and input into those decisions look like? Has he considered whether joint committees between Westminster and Stormont might be an effective way forward for the ongoing scrutiny of such regulations?

These regulations might represent the necessary legislative building blocks to ensure readiness at the end of the transition period in a niche area of security co-operation, but in other areas of security co-operation there is simply nothing of the same readiness, as the Minister knows. I would be grateful to him if he provided the Committee an update, perhaps in writing, on security concerns on data adequacy arrangements for policing co-operation, access to SIS II—the Schengen information system—European arrest warrants, ECRIS—the European criminal records information system—and Europol, all of which are necessary for ongoing security co-operation with Northern Ireland after the transition period. I will not detain the Committee any longer; the Opposition give our unqualified support for the SI.