To ask Her Majesty’s Government what is their assessment of the impact of the UK withdrawing from participation in the European Arrest Warrant, membership of Europol and membership of Eurojust.
My Lords, the UK stands ready to discuss an agreement on law enforcement and judicial co-operation in criminal matters. An agreement in this area should support data exchange for law enforcement, operational co-operation between law enforcement authorities and judicial co-operation in criminal matters. This agreement should equip operational partners on both sides with capabilities that help protect citizens and bring criminals to justice, promoting the security of all our citizens.
My Lords, the Minister has not even attempted to answer the Question. Not being a member of Europol or Eurojust relegates the UK to observer status, rather than driving and directing pan-European law enforcement operations and intelligence sharing. The Government say that they want a similar agreement to that reached by Norway and Iceland to replace the European arrest warrant, but that agreement took 13 years to negotiate and implement and does not allow extradition of an EU member state’s own nationals. Is it not inevitable that the UK will be less safe and less secure if we withdraw from these arrangements?
The first thing to say is that the Norway-Iceland agreement might have taken 13 years but the initial agreement took very little time at all; it was the commencement that seemed to take so long. It did not take very long to get agreement on this. The agreement we are negotiating should provide for co-operation between the UK and Europol and Eurojust to facilitate multilateral law enforcement and criminal justice co-operation. The agreement with Europol should go beyond existing precedent, given the scale and nature of co-operation between the UK and Europol. For example, the UK was the highest contributor of data to Europol for strategic, thematic and operational analysis in 2018.
My Lords, will the Minister set out for the House who she believes are the beneficiaries of this decision other than criminals seeking to evade justice? How will she ensure that fugitives in Europe will not just laugh at us for failing to bring them to justice?
My Lords, the beneficiaries of this should be the people of the UK. It seeks to replicate many of the operational capabilities in the European arrest warrant, while containing safeguards.
My Lords, is it not the case that not all European arrest warrants are the same? A European arrest warrant from France or Germany, with whom we share the same respect for the rule of law, is one thing, but a European arrest warrant from one or two other countries—here I particularly mention Romania—is not the same because often political interference has taken place in the judicial system.
My noble friend makes a very good point about political interference. In fact, that is one of the safeguards within what we are seeking. He is right to make the point that not all EU states are the same.
Lord Morris of Aberavon (Lab)
My Lords, will the situation after withdrawal be as effective as it is at present?
My Lords, this seems the most bizarre decision. Perhaps the Minister can tell me whether it is that the Prime Minister’s hard-right colleagues in the Cabinet do not like anything with the word “Euro” in it.
My noble friend talks about political interference. This, to many of us, smacks of political interference: fixing something that is not broken. Time and again in the last two or three years, Ministers on the Front Bench have indicated the value of these arrangements. Why are we walking away from them?
My Lords, there are areas in which we will attempt to have very similar arrangements to those we have now with the EU. As I said, this will be very similar operationally to the EAW, but with enhanced safeguards.
My Lords, further to the question from the noble Lord, Lord Cormack, how is it that we have come to this pass when, time and again, before our departure from the EU, we were promised from those on the Front Bench that we would work towards replicating the arrangements for the European arrest warrant, Europol and Eurojust? We now appear to be negotiating something inferior and different.
My Lords, I would not say it is inferior, but I agree that it is different. The Norway-Iceland arrangements seem to work perfectly well with those enhanced safeguards.