My Lords, I am grateful to the noble Baroness, Lady Ludford, for raising the important issues dealt with in her new clause proposed in Amendment 30, as it provides me with an opportunity to set out the Government’s position on internal security, law enforcement and criminal justice.
I want to begin by reiterating the Government’s commitment to securing the best possible outcomes for the UK in our negotiations with our European
partners. As the Prime Minister made clear in her Munich speech, the UK is unconditionally committed to maintaining Europe’s security, now and after our withdrawal from the EU. The UK has been instrumental in developing many of the tools which the EU has at its disposal, and is a significant contributor. For example, the UK is in the top three of member states that contribute intelligence each day to the different databases within Europol. We want this to continue in a way that works for both the UK and for Europe so that we can respond quickly and effectively to the changing threats that we face, including from terrorism and serious and organised crime. I am grateful to the noble Baroness, Lady Ludford, for raising this important issue in Amendment 30.
The intention of this Bill is to create a snapshot of EU law as it applies in the UK immediately before exit day and then retain it within our domestic law following our departure. The UK has a long-standing tradition of ensuring that our rights and liberties are protected domestically and of fulfilling our international human rights obligations, which will continue irrespective of exit. The decision to leave the European Union does not change this. However, noble Lords will forgive me for repeating it, but the exact nature of our future relationship is a matter for negotiation. I assure noble Lords that the Government are already taking extensive action to prepare the ground for these negotiations.
The noble Baroness, Lady Kennedy of The Shaws, is not in her place, but she has tabled Amendment 66 in this group. I do not think that any noble Lords referred to this amendment, but it covers some areas that have been mentioned and so I will say a few words about that and about our objectives. Our Security, Law Enforcement and Criminal Justice partnership paper published in September last year outlined how we are seeking a relationship that provides for practical operational co-operation, including the European arrest warrant, facilitates data-driven law enforcement and allows for multilateral co-operation through EU agencies, including Europol and Eurojust. We believe that the UK and the EU should work together to design new, dynamic arrangements as part of our future partnership to continue and strengthen our close collaboration.
The Prime Minister has been clear that we are proposing a new treaty to underpin our future internal security relationships. With reference to paragraph (c) in the new clause proposed by the noble Baroness, Lady Kennedy, such a treaty will require an effective and independent means of resolving disputes that is respectful of the sovereignty of both the UK and the EU’s legal orders. The appropriate dispute resolution mechanism and the relationship between our courts will depend on the substance and context of the agreement, and so is a matter for negotiations and not for this Bill.
Let me address briefly some of the questions that the noble Baroness, Lady Ludford, asked me, about extradition from the EU using the European arrest warrant and, in particular, the implementation period. We certainly want to continue to be able to use the EAW to extradite people from the EU during the implementation period. The relevant provisions on this in the withdrawal agreement were not agreed and
are hence marked as yellow, and discussions are continuing on this as we speak. However, we believe that it is in the interests of both the UK and EU member states that current capabilities are preserved during the implementation period, and we continue to make that case.