My Lords, one of the themes that has come through in the debates on many of the amendments so far is that the Government are enthusiastic about where we are, keen on continuing the links and determined that we shall not in any way fall out from those, but unwilling to commit themselves to the obvious solutions. We have heard in this debate tonight an exact repetition of what we have had before.
In other words, some of us are saying that these things were achieved with great difficulty. The European arrest warrant caused enormous argument and could be a really dangerous thing if it were not properly protected by the European Court of Justice. Like everyone else, when I became a Member of your Lordships’ House I was asked what subjects I was particularly going to speak on. The first was the environment, the second was Europe and the third was human rights. Therefore, when the legislation that we are now part of was going through in its various forms, I was very concerned that it was properly protected. However, I was very aware, as is the House, that crime does not know any borders, particularly the type of crime that the noble Baroness, Lady Massey, was talking about.
We need the protection that the warrant gives. When we were kids and we read stories of derring-do, we all knew that the first thing that people would try to do was to get across the channel because then they would be out of the reach of British law, and indeed of the law in many ways. I believe strongly that first of all we have to recognise that what we have we did not get easily and did not arrive simply. To suggest that somehow or other we can produce a different system and call it something else, because that would be convenient to the people who are ill informed enough to want to leave the EU, seems extremely dangerous. We should recognise that this took a lot of doing.
The second point, which has been made very interestingly, is about the nature of mutual recognition. Very often we are divided by not understanding the words that we use. There is an attitude in Britain that suggests that we get it right and other people do not, and therefore they had better do it our way because we know best. That has been our besetting sin throughout the period of our membership of the EU and, if we leave, we will get even worse at it. In other words, we are very keen at teaching other people but not frightfully good at learning from them. One of the things that we have learned—I think by accident; certainly not by design—in having to co-operate on these issues is that we have understood much more clearly the problems, difficulties and solutions that others have had in our European home. We have to recognise that understanding mutual recognition is not easy, and the idea that we can suddenly create a different mechanism for doing it is very far-fetched.
On my third point, I have great admiration for the Prime Minister. I do not understand how every morning she wakes up and thinks, “God, I’ve got another day of this”, and deals with some of the people that she has to deal with—I will not list them but we all know which ones I mean. However, it is not good enough to have good intentions and show generalised support. My noble friend who is answering for the Government has given us a great deal of good intentions and noble views but no actual support for real policies and actual determinations. This is not something that we can pass off by merely having good intentions because it is very hard and we have to be tough about it. We have to say to our friends, “We actually want, and will have, exactly what we have today on these matters because there is no alternative that is better and there is no way that we are going to invent one”, because crime will not wait.
This is a rather important amendment. All it says is that the Government have to move from intentions to reality before they can move. That is not an unreasonable thing for the House which is responsible for our constitution to ask.
I hope that my noble friend is not going to say how important all these things are, how valuable they are, how much the Prime Minister is in favour of them, but that just at the moment, because it is all part of the negotiation, he cannot go further than that. If he does, perhaps for all our debates he might just turn on the recording. That is evidently the answer we are going to have on everything, because that is the answer we have had so far today on everything. If it goes on like this, this House will have to ask whether the Government
intend to have a debate or discussion about things that matter, about the future of our nation and our people. Are they going to have a discussion about the things that protect our people, the policing which has to cover areas beyond our borders? Above all, are they going to have a discussion about how this affects Ireland? We have for too long taken for granted the fact that the Irish situation is, at least to a large extent—much less so than the newspapers would have us believe, but still to a large extent—peaceful. We must none of us forget that.
I have to tell my noble friend that it will become increasingly difficult for the Government to uphold their position unless they are prepared to take seriously this House’s demand that they tell us what they want. How can you negotiate with people unless you can say very clearly what you want on crucial issues, and what could be a more crucial issue than this?