I will speak briefly to Amendment 137, which I was pleased to co-sign, as the noble Lord, Lord Coaker, said. The amendment raises some important points in referencing Articles 524 and 763 of the trade and co-operation agreement.
Article 524, in the context of part 3 of the agreement on
“law enforcement and judicial cooperation in criminal matters”,
is predicated on respect for fundamental rights and legal principles, as reflected in the European Convention on Human Rights in particular. That is one of the reasons. One would expect the Government to be very careful about any undermining of the UK’s commitment to the European Convention on Human Rights in case they, for example, undermined this part of the TCA.
Indeed, Article 763, which underpins the whole of the TCA—not just the law enforcement and co-operation part—says that
“the Parties reaffirm their respect for the Universal Declaration of Human Rights and the international human rights treaties to which they are parties”.
That must also cover the ECHR. So, basically, our co-operation with the EU in the trade and co-operation agreement depends on our commitment to the European Convention on Human Rights. So it is not just important in the context of the Bill and generally but it is also a factor in the EU regarding us as playing a good- faith part in the trade and co-operation agreement. Undermining our commitment to the ECHR has to be seen in that context.
We benefit from a data adequacy decision from the European Commission, which means that data can be transferred between the UK and the EU. This can apply in the law enforcement and police co-operation sector, but it is also important to businesses, such as those in the City, those in financial services, those in fintech and others, particularly in the services arena. So there is a connection between respect for human rights and data adequacy decisions and business, because one of the factors that can be considered in the grant of a data adequacy decision—I remember debating this several times when we did the Brexit withdrawal legislation, and indeed I worked on the GDPR when I was an MEP—is the human rights compliance of the partner country, which is the UK in this case.
In fact, we commented at the time that that plays more of a role for a third country than it does within the EU, because questions arise about the human rights compliance of some countries within the EU, and it is finding it difficult to deal with them. Unfortunately or not, the UK is in the position of having less leverage in this respect. Believe me, the European Parliament will have something to say on this subject as well. The data adequacy decision gets reviewed in 2025, so the Government need to be careful that they are not undermining the data adequacy decision by disrespecting human rights.
On the situation in Northern Ireland, the Northern Ireland Human Rights Commission points out:
“The UK Government’s ‘Explainer’ document on Windsor Framework Article 2 acknowledges that its protections apply to everyone who is ‘subject to the law in Northern Ireland’. Asylum-seekers are part of the community, subject to the law in NI and are therefore protected by the Rights, Safeguards and Equality of Opportunity chapter of the Belfast (Good Friday) Agreement. In court proceedings ongoing at the time of writing”—
about four weeks ago—
“the Home Office has not disputed the argument that the protections of the relevant chapter of the Belfast (Good Friday) Agreement extend to asylum-seekers and refugees”.
So that has to be considered in a United Kingdom Bill.
The Northern Ireland Human Rights Commission also points out that, in the explainer on the Windsor Framework, the UK Government have confirmed that
“key rights and equality provisions in the [Belfast (Good Friday)] Agreement are supported by the ECHR.”
So, the ECHR and Article 2 of the Windsor Framework are intimately connected. The Northern Ireland Human Rights Commission, along with the Northern Ireland Equality Commission, have identified several EU asylum directives—reception, procedures, qualification and the Dublin III regulation—as relevant to Article 2 of the Windsor Framework. They conclude:
“Given this analysis, failure to address compliance with Windsor Framework Article 2 in the Human Rights memorandum to the Bill is a matter of concern.”
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Finally, I was interested that the noble Lord, Lord Morrow, on Monday, made the point, along with his noble friend Lord Weir, that trafficking victims in Northern Ireland still have rights under the EU trafficking directive and the EU victims directive, so it is not just in the asylum sector that EU directives still apply. He pointed out that the Northern Ireland Human Rights Commission has argued consistently that both directives still apply to Northern Ireland. At that point, he and his noble friend Lord Weir wanted to amend the provisions of Clause 24
“to require the Department of Justice in Northern Ireland to continue to provide support to victims in line with Article 2 of—should I say it?—the Windsor Framework”.—[Official Report, 12/6/23; col. 1726.]
I remember the noble Lord, Lord Morrow, smiling as he said that, because he is from the DUP, and he was relying on the Windsor Framework. But I spot something that I think will well justify being taken forward at the next stage of the Bill. I hope he does not mind that I mention this in his absence that it might be an opportunity for the DUP and the Liberal Democrats to work together, perhaps as the terrible twins, on something that is important to both of us—the provisions of the Belfast/Good Friday agreement, as affirmed in Article 2 of the Windsor Framework, as well as the European Convention on Human Rights. The Government have to take all this very seriously.