My Lords, I follow the noble Lord, Lord Inglewood, in a plea that we do not go back to the system before the European arrest warrant was introduced. The noble Baroness, Lady Kennedy, referred to the case that we did together some years ago when the extradition proceedings, which lasted some four and a half years, were ended by the 12th application for habeas corpus being turned down by the noble and learned Lord, Lord Woolf, which he may remember. What he may not remember is that my client went back to the country demanding his extradition, where the prosecution accepted a plea of guilty to one out of 32 charges, and was given a sentence that resulted in his immediate release. That was the old system; the system we have had since the introduction of the European arrest warrant, with all the agencies that have come into being, started I think
by Mr James Callaghan when he was Prime Minister, developing under the European Union banner, has been extremely good and effective.
In the Queen’s Speech debate on 27 June last year, it will not surprise your Lordships to know that I asked the Government what they were going to do about this whole area—about all the agencies to which the noble Lord, Lord Hannay, referred. What was going to happen? After that, there was complete silence. I wondered what was happening. These discussions and negotiations are as urgent as any to do with trade. They deal with the security of this country and the possibility that, if nothing is put in place, this country will become a haven for criminals, as opposed to somewhere the law is properly administered. But nothing happened—and so it was with considerable interest that I read the speech of the Prime Minister in Munich a week last Saturday. What was she going to say? She proposed a treaty. Who is negotiating that treaty? Who is in charge? Is it Mr Johnson? That is a bit unlikely. Is it Mr Fox or Mr Davis? Who are they negotiating with? The noble Baroness, Lady Goldie, in her reply to the last debate, said that she knew that there was a dialogue going on. What dialogue? I have not heard of any dialogue, and I am interested in this subject. Where are we?
The noble Lord, Lord Hannay, also asked the very pertinent question of what happens after March next year. Do the extradition warrant system and all the other bodies concerned with co-operation in criminal matters continue, or not? If they do not continue, the treaty to which the Prime Minister referred must be in place. As the noble Lord, Lord Judd, said a moment ago, we cannot have an interregnum—a period when nothing is happening. Something has to be put in its place, and nothing I have seen or read suggests that there is a dialogue or treaty in any form, draft or anything else ready to come into operation when we leave the European Union.
So specific questions on this issue can be asked of the Minister. What negotiations are happening? Who is doing them? When will there be a result? What is in the treaty? How are you going to put all these things together in a period of months to ensure the continuation of co-operation in this extremely important field? If there are no answers to those questions and the Minister just chuckles his way through, as he occasionally does—if he will forgive me—the security of this country is at risk, and we risk becoming that haven for criminals that would be a blight on our whole country.