Leaving the EU: Security, Law Enforcement and Criminal Justice

Debate between Richard Arkless and Robert Neill

Wednesday 18th January 2017 Commons Chamber

[Robert Neill]

I accept that that is a significant issue, but the two amendments achieved two things. First, they removed any risk of extradition before commencement of proceedings; and, secondly, they introduced in the UK a proportionality filter. It would be better if all other countries that use the European arrest warrant had a proportionality filter, too. From the evidence we heard from Professor Wilson of the Northumbria University’s centre for evidence and criminal justice studies, it seems that even Poland, which has resisted a proportionality filter in the past, is now moving in that direction. The situation is improving there.

The fact that we have those two important safeguards is significant, and it is also important that the European arrest warrant system is a court-driven system, which is subject to judicial supervision rather than being an executive act of extradition. That is why it would be undesirable for us to lose the advantage of the European arrest warrant and have to fall back to the 1957 extradition convention, which was a purely administrative act, carried out through diplomatic channels, without the protection of court intervention or review. It was also much more cumbersome.

[Richard Arkless (Dumfries and Galloway) (SNP)]

It is indeed a privilege, as mentioned by others, to serve on the Justice Committee under the hon. Gentleman’s chairmanship; he is making a fine speech. Will he respond to some of the comments made by my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry)? Notwithstanding her clear desire to stay within the European arrest warrant, there will be difficulties as a result of different data-sharing regimes in the European Union and the UK. How is it possible to reconcile the two, following the UK’s leaving the EU?

[Robert Neill]

It is certainly clear from the available evidence that the Government will need to take that necessity on board. We will have adhere to European standards of data protection for other member states to be able to share the information with us, according to their law. We may also want to share information with other third-party countries, so both we and they will have to be prepared to adhere to international standards. As my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) rightly said, that might involve some form of international adjudicative process to deal with disputes between member states. I am not going to tie anyone down on how best to solve that, but there are serious issues that we will have to bear in mind from day one of our negotiations.

Equally, when we talk about involvement with some of the other agencies—we referred to ECRIS, the European criminal records information system, to Prüm and to a number of other valuable tools—we need to recognise that there is a financial cost to the development of the databases. I would certainly encourage the Government not to be afraid to continue to make a financial contribution to the development and maintenance of them. That would be a small price to pay in view of the advantage of protection for the British public. I think there is common ground on the objective of the European arrest warrant. I just wanted to raise some of the practical issues that we will have to grasp if we are to succeed in achieving our continued full access to it as a non-EU member state.

I want to refer to other matters of concern—co-operation between the courts, which involves our continued membership or association with Eurojust. There is a precedent for non-member states continuing to co-operate with Eurojust. Norway has a co-operation agreement and has liaison prosecutors based at Eurojust. If we leave the EU as it stands, we would have to move from being national college members, but we could have a Norwegian-style status. Perhaps we should be bold and try to argue that we should remain as national college members on some sort of basis if the constitution permits it. That would be preferable.

Prison Safety

Debate between Richard Arkless and Robert Neill

Thursday 15th September 2016 Westminster Hall

[Robert Neill]

That is entirely correct. Heavens, one would have thought we had learned that lesson from the failures of the old Victorian silent and solitary system. Rehabilitation can only ever work when people are out of their cells and in workshops and education classes. Unless they do that, they will not get anywhere, and the regime has to be safe for the officers to get them out of their cells. That is why we have to tackle this problem at root.

[Richard Arkless (Dumfries and Galloway) (SNP)]

Will the hon. Gentleman give way?

--- Later in debate ---

[Robert Neill]

The hon. Lady is right. I am probably so old in politics that I can remember a constituency configured that way in the past. She is quite right—it comes back to this same circle.

People who say that the only answer is more and more imprisonment and more and more lockdown perhaps ought to go into prisons more. There are an awful lot of people—even people who, frankly, deserve to be in there for some time—who are none the less interested in engaging in purposeful activity. That makes them less inclined to behave in a way that threatens safety and gets them involved in gangs or other forms of violence. It is a win-win at every level. Whatever the level of the sentence, providing such activity is a good and, basically, a morally right thing to do. However, we cannot put prison officers or instructors into environments where it is not safe for people to be out of their cells to get that education and personal activity. That is why getting the regime safe is critical to everything.

[Richard Arkless]

I add my voice to those of others on the sterling work that the hon. Gentleman has done in leading the Justice Committee since my election in May last year.

I reiterate the point about the vicious cycle that the hon. Member for Ealing Central and Acton (Dr Huq) touched on. The lack of resources means that prisoners are locked in their cells for 23 hours a day and cannot get purposeful activity—there are not enough prison officers to construct it. The lack of purposeful activity then means they are predisposed to violence and to not being rehabilitated through the system. Clearly, the hon. Gentleman will agree that it is a vicious cycle. The key, as the hon. Member for Cheltenham (Alex Chalk) said, is to grasp the nettle by either reducing the prison population or resourcing prisons properly, so that prisoners come out into society rehabilitated.

[Robert Neill]

The hon. Gentleman is entirely right. I am grateful for his support for all our work on the Justice Committee, because although justice and prison matters are devolved to Scotland, we can learn lessons from each other about how things work across the whole of the United Kingdom. We do have to break that vicious circle. Resource is important, and to be fair, when our report was published, the Government did put in extra resource, which is welcome and to be commended. We are now saying that we have to see the detail of how we can monitor the use of that resource, so that it is used to the very best advantage. That is the most important thing that we need to be saying as we go forward.

I know many Members wish to speak, so I will conclude. I am glad that there is going to be a prison safety and reform plan in the autumn, and I gather that legislation is likely to be brought forward. I understand that the shape of it is not always possible to commit to greatly in advance, but it is really important that we maintain the pledge made in the Queen’s Speech that prison reform would be a key part of the Government’s agenda. I hope the Minister will bear that in mind. I am not going to press him now to say what the shape of the legislation will be, but he could give us commitments to provide more details following the Government response.