Private Notice Question (Lords) on Brexit: European Union Police Databases and Extradition Arrangements - June 20

Baroness Hayter of Kentish Town 

To ask Her Majesty’s Government what assessment they have made of Michel Barnier’s remarks at the European Union Agency for Fundamental Rights on 19 June, and in view of those remarks, how they intend to secure continued access to EU police databases and extradition arrangements.

Baroness Hayter of Kentish Town (Lab) 

My Lords, I beg leave to ask a Question of which I have given private notice.

The Minister of State, Home Office (Baroness Williams of Trafford) (Con) 

My Lords, we note Mr Barnier’s comments, but we must bear in mind that this negotiation is only just beginning. We want to ensure that citizens across Europe benefit from the strongest possible security relationship between the UK and the EU after our exit, and to avoid a security gap. Our objective in negotiations will be to secure this outcome. In our view, this can be most effectively delivered through a comprehensive new internal security treaty.

Baroness Hayter of Kentish Town 

My Lords, this and other matters are serious. The Government’s red lines, such as ruling out the Charter of Fundamental Rights and the CJEU, will, as Mr Barnier says, at the moment deny us access to EU databases and things such as the European arrest warrant, the security pact, which the Prime Minister has discussed, and recognition of court judgments. Given the serious nature of this and all the other issues of the negotiations, which have never been in front of this House, does the Minister agree that we should have a proper debate here on how the negotiations are going and the Government’s objectives? The debate could be on the White Paper, if it arrives on time at the beginning of July. If it is further delayed, we should nevertheless have a debate here on this range of really important issues.

Baroness Williams of Trafford 

My Lords, I have on many occasions had debates on certain elements of the issues that the noble Baroness raises. I commend your Lordships’ House for the quality of our debates on such matters. I am sure that the usual channels will, as they are wont to do, make time for such a debate. The issues that she raises are political choices. None of them are insurmountable as a legal barrier. We are not in Schengen now. We operated the EAW without CJEU jurisdiction up to 2014. The charter creates no new rights. EU citizenship matters only for those with constitutional barriers and we are already close to a solution on that in the withdrawal agreement, but I fully support her request for a debate.

Lord Jay of Ewelme (CB) 

My Lords, Michel Barnier said in his speech:

“To negotiate an ambitious new relationship with the UK, which we all want, we need more realism on what is possible and what is not when a country is outside the EU’s area of justice, freedom and security”.

Would the noble Baroness agree that we need much more realism on both sides, on the British side and on the European Union side, if the negotiations, which matter so greatly to the security of all our people, are to succeed? I was also greatly alarmed to hear that these negotiations have “only just” begun.

Baroness Williams of Trafford 

As I said to the noble Baroness, Lady Hayter, these are political choices that will be decided in the course of the negotiations. I think that both sides will be realistic in the final analysis and in what is ultimately agreed. I have full confidence in that.

Lord Paddick (LD) 

My Lords, the European arrest warrant, as Mr Barnier said yesterday, is based on trust underpinned by the European Charter of Fundamental Rights, the jurisdiction of the European Court of Justice and the concept of EU citizenship and free movement. As the Government have rejected all these foundations, how do they expect to retain access to the European arrest warrant after we have left the EU?

Baroness Williams of Trafford 

As to the European arrest warrant and other matters, as I said to the other two noble Lords, these are political choices. What we have in the EAW and other matters, such as ECRIS and SIS II, is strong co-operation between us and our European Union partners. I know the noble Lord will agree with me when I say that the most important thing when we leave the European Union is that we have a safe Europe in which our citizens can live.

Lord King of Bridgwater (Con) 

My Lords, does my noble friend agree that, whatever Monsieur Barnier may say on this matter, the heads of security and intelligence in the other member countries of the European Union will make absolutely sure that we preserve our relationship? Am I right in saying that, at the moment, we extradite five times as many people to them at their request—criminals and people they wish to charge, including terrorists—as we request they extradite to us? The interests of security are quite clear, whatever Monsieur Barnier might say. He made a speech to the Agency for Fundamental Rights. The most fundamental fundamental right is the right to life, which is what the security agencies are there to protect.

Baroness Williams of Trafford 

My noble friend makes that point very articulately, and he is absolutely right on extradition—I am sure that he is. It is in everybody’s interest that we preserve that national security relationship. The UK has played its part in the huge move, in the past 12 months to two years, to help European countries when they have faced difficulties through terrorist attacks. Our police have been at the forefront of some of the aid that we have given to our European partners. It would be a detrimental move for there not to be co-operation between the UK and our European partners once we leave the European Union. Life, as my noble friend says, is the most important thing here.

Lord Anderson of Swansea (Lab) 

My Lords—

Lord Davies of Stamford (Lab) 

My Lords—

Lord Morris of Aberavon (Lab) 

My Lords—

Lord Taylor of Holbeach (Con) 

My Lords, the noble Lord, Lord Anderson, was first to rise in his place.