Draft Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019

Lucy Frazer Excerpts

Wednesday 13th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

I beg to move,

That the Committee has considered the draft Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019.

It is, as always, a pleasure to serve under your chairmanship, Mr Gray. The draft regulations for m part of the Government’s continuing work to ensure that there are functioning domestic laws in the event that the UK leaves the EU without a deal. The regulations relate solely to the Government’s no-deal exit preparations in respect of five measures dealing with criminal justice.

First, the victims of crime compensation directive established that each EU member state should have a national scheme to provide compensation to victims of violent intentional crime. It also provided for liaison between the relevant authorities in each member state to facilitate the compensation of victims. The Criminal Injuries Compensation Authority manages the compensation scheme for England, Wales and Scotland. Northern Ireland has a separate scheme, but the Criminal Injuries Compensation Authority is the assisting authority for the whole UK, and it liaises with other member states to help victims to apply for compensation from them. The regulations will revoke the implementing legislation, because the system relies on mutual co-operation between member states, and we will no longer be a member state. However, our national schemes will continue.

Secondly, the directive on European protection orders provides a framework to allow certain kinds of protection order made in criminal proceedings in one member state to be transferred to another member state, where they can be recognised and enforced. This measure too operates only between EU member states. To protect people who are currently using the system, we will make a transitional provision to ensure that any order made prior to exit will continue to be enforceable until its conclusion, whenever that may be. I should mention that the system is seldom used: the courts of England and Wales received only four orders from EU member states in the three years of its operation.

Thirdly, European supervision orders make it possible to transfer certain supervision measures between EU member states: for example, bail granted subject to conditions issued in criminal proceedings in one member state can be transferred to another EU member state to be recognised and supervised there. Like the previous two measures, the system can operate only between EU member states. The scheme is seldom used, as noted in the explanatory memorandum and provisional impact assessment. I can update the figures today as some more requests for recognition were received recently. The latest figures show that the courts of England and Wales have issued three requests and received nine in the four years since the framework decision was implemented. As the numbers remain small, we expect the impact of the changes made under the SI to be minimal.

The fourth measure concerns mutual recognition of financial penalties. Under the framework provided, certain financial penalties imposed in criminal proceedings in one member state may be forwarded to another EU member state for enforcement. Again, the provision allows for mutual recognition and enforcement between member states, so a transitional provision is being made, to allow domestic enforcement to continue finalising any request received prior to exit.

Finally, there is a measure that relates to taking account of convictions in EU member states in the course of new criminal proceedings in the UK. It requires known prior convictions in another EU member state to be taken into account—for example, when sentence is passed—to the extent that national law requires national convictions to be taken into account. That means that, on sentencing, the courts in any given member state treat convictions from another member state exactly as they would prior domestic convictions. After EU exit in a no-deal scenario, the SI will revoke the regulations to amend the implementing legislation to provide that, for proceedings that commence post-exit, individuals with prior convictions from EU member states will be treated in the same way as individuals with any other non-UK prior conviction. There are transitional provisions in place, which provide that for cases that are going on at the time of exit, the current rules will apply.

I will not go into the detail of what the SI does in respect of each EU measure or tool—I hope the regulations, the explanatory memorandum and the provisional impact assessment are clear about that—but I will deal briefly with several main points. If we leave without a deal for victims of crime, we will revoke the legislation relating to mutual assistance as it provides a system of intra-EU member state co-operation that will not be present in a no-deal scenario. As I mentioned, the regulations do not have an impact on our national compensation schemes, which will continue. Several of the other measures also rely on member state co-operation, so we will revoke them. The impact of the changes on citizens, businesses, public and voluntary sectors will be minimal. A provisional impact assessment was placed in the Libraries of both Houses before the debate.

We are taking these steps because we will no longer be a member state and will therefore not benefit from any reciprocity. Four of the five measures addressed by the regulations require reciprocity between the UK as a member state and another member state to operate. We cannot compel remaining EU member states to co-operate with us. The purpose of the regulations is to promote as orderly a withdrawal as possible in the circumstances. They aim to provide certainty for those who need to navigate the criminal justice landscape in a no-deal scenario. Importantly, they also provide clarity for those who are involved in action related to some of the EU measures covered by the regulations at the point of a no-deal exit, where that action is ongoing.

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[Lucy Frazer]

I am grateful for the constructive approach that the hon. Member for Bolton South East has taken in not dividing the Committee on these important regulations. To deal with her points regarding the European arrest warrant and Europol, as she will be aware, the criminal justice measures before the Committee today are within the responsibility of the Ministry of Justice, so we lead on them. As I hope she is aware, the EAW and Europol are matters that the Home Office leads on, and therefore not within the primary responsibility of the Ministry of Justice. A separate SI has been laid before the House and debated in relation to no-deal arrangements, including the EAW. However, we would have had more certainty about these matters if a deal had been approved yesterday. That deal would have allowed for an implementation period and for continued arrangements regarding these important security matters, and would have continued to respect the importance of co-operation on those matters.

This SI deals, as I mentioned, with five matters relating to the criminal justice system. I commend them to the Committee.

Question put and agreed to.