argyrotsipi/train-dataset huggingface dataset:
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
David Thomas Charles Davies (Conservative, Centre-right): My hon. Friend is making some good points, but would he concur, given that we are fellow members of the Council of Europe, that some of the prison systems that he and I have probably both visited simply do not come up to British standards? I would mention Greece in particular.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): I thought that that issue might be raised, and I was going to say that that does not alter the importance of criminal justice co-operation and, secondly, that where this has been relevant as a criticism of the arrest warrant in the past—in the Symeou case, for example—that is essentially history. What is not often sufficiently recognised are the very important amendments made to the European arrest warrant in 2014. We heard evidence from both the criminal lawyers society and the Criminal Bar Association, who strongly concurred that the amendments of 2014 had removed the risks that had put the unfortunate Mr Symeou in his position.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): I accept that that is a significant issue, but the two amendments achieved two things. First, they removed any risk of extradition before commencement of proceedings; and, secondly, they introduced in the UK a proportionality filter. It would be better if all other countries that use the European arrest warrant had a proportionality filter, too. From the evidence we heard from Professor Wilson of the Northumbria University’s centre for evidence and criminal justice studies, it seems that even Poland, which has resisted a proportionality filter in the past, is now moving in that direction. The situation is improving there The fact that we have those two important safeguards is significant, and it is also important that the European arrest warrant system is a court-driven system, which is subject to judicial supervision rather than being an executive act of extradition. That is why it would be undesirable for us to lose the advantage of the European arrest warrant and have to fall back to the 1957 extradition convention, which was a purely administrative act, carried out through diplomatic channels, without the protection of court intervention or review. It was also much more cumbersome.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: International Affairs
Robert James MacGillivray Neill (Conservative, Centre-right): It is certainly clear from the available evidence that the Government will need to take that necessity on board. We will have adhere to European standards of data protection for other member states to be able to share the information with us, according to their law. We may also want to share information with other third-party countries, so both we and they will have to be prepared to adhere to international standards. As my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) rightly said, that might involve some form of international adjudicative process to deal with disputes between member states. I am not going to tie anyone down on how best to solve that, but there are serious issues that we will have to bear in mind from day one of our negotiations Equally, when we talk about involvement with some of the other agencies—we referred to ECRIS, the European criminal records information system, to Prüm and to a number of other valuable tools—we need to recognise that there is a financial cost to the development of the databases. I would certainly encourage the Government not to be afraid to continue to make a financial contribution to the development and maintenance of them. That would be a small price to pay in view of the advantage of protection for the British public. I think there is common ground on the objective of the European arrest warrant. I just wanted to raise some of the practical issues that we will have to grasp if we are to succeed in achieving our continued full access to it as a non-EU member state I want to refer to other matters of concern—co-operation between the courts, which involves our continued membership or association with Eurojust. There is a precedent for non-member states continuing to co-operate with Eurojust. Norway has a co-operation agreement and has liaison prosecutors based at Eurojust. If we leave the EU as it stands, we would have to move from being national college members, but we could have a Norwegian-style status. Perhaps we should be bold and try to argue that we should remain as national college members on some sort of basis if the constitution permits it. That would be preferable.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): Prior to the referendum, neither the hon. and learned Lady, the Prime Minister nor I would have wished to be in the conundrum in which we now find ourselves. However, I accept the verdict of the British people, so we must find a practical means of achieving the objective that we want. It would be better to find something that is beyond Norway. That is why I have suggested starting as a negotiating point with the idea that we should be national college members rather than associates of Eurojust. If we are ambitious, we lose nothing from pressing for that from the beginning In April last year, the Prime Minister as Home Secretary referred to the whole of the European criminal record system—financial intelligence units, the prisoner transfer unit, Schengen Information System II, joint investigation teams and Prüm—in the context of seeing them as practical measures that promote effective co-operation between different European law enforcement organisations. If we are not part of them, Britain will be less safe. As Francis FitzGibbon, the chairman of the Criminal Bar Association, told the Select Committee, that would be a pretty good starting point for bringing this whole area to greater prominence, and a pretty good starting point, I would suggest to the Minister, for our negotiation objectives. Witnesses to the Justice Committee repeatedly said that this is part of a mutually reinforcing system of justice co-operation We may concentrate on the arrest warrant, but the information exchanges, the ability to enforce court judgments and the ability, for example, to seek a European information order to obtain evidence from abroad are all part of the same process. That is why it is critical for us to set our objectives at the highest possible level when it comes to seeking our continued engagement with these matters This is an important debate because it concerns an immensely important topic. Those of us who now want to move on constructively from what, according to any view, has been a bruising experience for this country will want to do so on the basis of an ambition to protect the country, while also recognising that both our judicial system and our police force are immensely highly regarded, not just in Europe but internationally. We have something to bring to the table as well. I hope that the Minister will take those points on board in a bold and ambitious negotiation, and I wish him and his colleagues well.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): My hon. Friend makes a powerful point. Is he aware that similar evidence exists in relation to the Schengen information system? The National Crime Agency has stated: "Loss of access to SIS II would seriously inhibit the UK’s ability to identify and arrest people who pose a threat to public safety and security".
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
James Michael Ellwood Berry (Conservative, Centre-right): Pending the negotiations, we should continue down the path of integration in all these policing and criminal justice measures. We have already done that in respect of Europol in a decision that was approved by the House last month I shall move on to another important measure: the passenger name records directive. This was explained to members of the Committee at Copenhagen airport. It is a common system for collecting and processing data held by airlines, including names, travel dates, itineraries, seat numbers, baggage and means of payment. These data are vital in tracking criminal and terrorist movements to prevent and detect crime. It is important to note that the EU has bilateral data sharing arrangements for passenger name records with the US, Australia and Canada. It is also negotiating an arrangement with Mexico, so there is no good reason why a non-EU country cannot participate in what is clearly a system that has mutual benefits The European arrest warrant has had a transformative effect on the ability of the police and prosecuting authorities to get those who need to face justice in the UK—whether relating to a prosecution or a prison sentence—back to the UK to do so. It bypasses the fiendishly complicated extradition rules that apply with respect to some other countries, because countries that are part of the European arrest warrant arrangements cannot refuse to extradite their own citizens, and there are legally mandated time limits during which extraditions have to take place. In 2015-16, 2,102 individuals were arrested in the UK and deported on European arrest warrants. Those were people we plainly did not want in this country. We have been able to repatriate more than 2,500 individuals from EU countries since we have been a member of the European arrest warrant system, including some well-known terrorists, serious criminals and paedophiles. There is a list of high-profile cases, but I will not go into it now. I agree with the hon. Member for West Ham (Lyn Brown) that this is the most effective extradition system in the world, and it would be madness if we were in a situation in which we had to leave it.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Julian Murray Lewis (Conservative, Centre-right): I am not an expert on this subject, but there is concern that, under the European arrest warrant, UK citizens could find themselves extradited to other EU countries in which the justice system falls far short of what we would regard as adequate. Does my hon. Friend have any concerns about that?
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
James Michael Ellwood Berry (Conservative, Centre-right): I am sure we will hear my right hon. Friend’s expertise in the defence field in a few moments. The starting point of the European arrest warrant system is that any country in it has a legal system that will give a British citizen a fair hearing, just as citizens of that country would have a fair hearing here. That is the starting assumption, and that was why the House approved our membership of the system. I accept that some people hold the view that my right hon. Friend describes—I mentioned that fact earlier—but, on balance, the majority of people in the House and in the country think that being a member of the European arrest warrant keeps us safer.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): Perhaps my hon. Friend would like to know that that was the view of the Criminal Solicitors Association, whose members largely represent defendants, and of the Criminal Bar Association. They agree that, on balance, membership of the European arrest warrant system is an advantage because it is a court-led system that involves judicial overview, unlike the classic extradition system, which is an Executive process.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
William Nigel Paul Cash (Conservative, Centre-right): On the issue of the European arrest warrant, which was debated extensively in previous Parliaments, may I mention that there are a number of instances in which British citizens have been subjected to complete failures of justice under that system? I will leave it at that, but that is a point that my hon. Friend needs to take on board.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Ben Howlett (Conservative, Centre-right): I thank my hon. Friend for intervening. The Prime Minister said yesterday in her speech that this is about not just maintaining our current system, but enhancing the system that we have. If that means having debates on the European arrest warrant to ensure that the system works to stop exactly what he mentions, then that is what we should do, and this is the prime opportunity to do so I turn now to cross-border intelligence sharing, which has been instrumental to the safety of our nation. In particular, I am talking about the mechanisms, data gathering and analysis executed by Europol—the agency that supports the law enforcement agencies of the EU member states by providing a forum within which member states can co-operate and share information. Will the Minister assure me that we will continue to have access to Europol after our departure from the European Union? There is no doubt that every hon. Member will be saying that over the next few hours.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Ben Howlett (Conservative, Centre-right): My hon. Friend is a great champion of the security services, particularly those that are in his constituency, and of his constituents who work at places such as GCHQ. Those agencies protect people not just in the European Union, but in the wider world with associate members. That must be at the fore of the Government’s thinking. This is about not just British domestic interest, but international interest at the same time There is no doubt that the UK’s participation in criminal and policing capabilities and intelligence sharing, such as the European arrest warrant and Europol, have resulted in a safer United Kingdom. The UK has always taken a lead in European security matters, managing the relationship between the European Union and the United States and taking the lead in producing EU policies on counter-radicalisations. The EU action plan on terrorism was drafted during a UK presidency. May I press on the Minister the importance of this continued co-operation long after we exit the European Union Like other hon. Members, I must highlight the need for as much clarity as possible on this issue. My constituents and the British public put security and law enforcement very high up the agenda, so I am very pleased that the Government have enabled this debate to take place today. People are rightly concerned that we should be giving them more confidence that, whatever relationship we have with the European Union in the future, we maintain the highest level of security.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: International Affairs
David Thomas Charles Davies (Conservative, Centre-right): My hon. Friend makes an important point I have listened with great interest to what has been said in this debate. I was of course a supporter of Brexit, but that in no way means I oppose the EAW or the principles behind it.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
Kelly Jane Tolhurst (Conservative, Centre-right): Does my hon. Friend agree that the EAW has benefited some of our constituents? Four days before Christmas a father in my constituency was reunited with his son who had been abducted and taken to Poland. He was recovered on the issuing of an EAW.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
David Thomas Charles Davies (Conservative, Centre-right): I do not deny that for one moment; the EAW has led to some very important results for us, where we have had terrorists and other serious criminals either extradited out of or back to the UK. As my hon. Friend knows, I served as a special constable for eight or nine years, so there is no question but that I will always support any Government in wanting to bring about stricter measures against criminality. But the issue here is that there is a price to be paid, and we pay it in the human rights of citizens in our own country. If we are prepared to allow countries which apply a lower standard of justice, of fairness in court, or of access to bail to extradite our citizens or residents of this country in order to keep the bureaucracy running smoothly, everyone who is living in this country is paying a price in terms of their human rights in order to reduce bureaucracy and improve an extradition procedure. We need to think very carefully about that price Brexit offers us an opportunity. I have no problem with the countries my hon. Friend the Member for Bromley and Chislehurst mentioned—Germany or France—or indeed many other European countries, but if it becomes the case that some countries are not giving people bail, are holding them in pre-trial detention for an unacceptable length of time, or are using the EAW as a means to silence criticism of them through the press, it is absolutely right that we use Brexit as an opportunity to renegotiate the whole system, and to work with countries that apply our systems of justice but to state with the utmost respect that we are unwilling to sacrifice the human rights of people such as Alexander Adamescu in order to maintain membership of the EAW. I hope that a Justice Minister will meet me to discuss this case on a subsequent occasion.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: Law and Crime
David Ian Jones (Conservative, Centre-right): May I say what an excellent debate this has been? It has been a debate of very high calibre. Indeed, it has been attended by no fewer than five Chairs of Select Committees. The issue of security, law enforcement and criminal justice is of significant importance in the context of Britain’s withdrawal from the European Union. I am sure that all hon. Members would acknowledge the value of this debate, which is the fourth in a series promised by my right hon. Friend the Secretary of State for Exiting the European Union. These debates have proven to be of real assistance to the Government, not least this one, which, as my hon. Friend the Member for Stone (Sir William Cash) pointed out, is on an issue that impinges directly on all of our citizens As the Prime Minister made clear yesterday, a global Britain will wish to continue to co-operate with its European allies on tackling crime and terrorism. That is in the interests of not only the United Kingdom, but the continuing European Union, given the significant strengths that we can bring to the table. One of the 12 objectives that the Prime Minister outlined yesterday for the negotiations ahead is to establish a new relationship that enables the United Kingdom and the European Union to continue practical co-operation to tackle cross-border crime and to keep all our people safe My right hon. Friend the Secretary of State reiterated that objective to the House yesterday and made clear, during his appearance before the Select Committee in December, that a future relationship on security, law enforcement and criminal justice co-operation will be one of the Government’s priorities when the negotiations commence The UK is leaving the EU, but self-evidently it is not leaving Europe. The reality of cross-border crime and threats to security will remain. In December, as referred to by the hon. and learned Member for Edinburgh South West (Joanna Cherry), the House of Lords EU Home Affairs Sub-Committee report on this subject concluded that there is a shared, strong mutual interest between the United Kingdom and the 27 continuing EU member states to make sure that co-operation on tackling these threats continues. To that end, the UK already has strong bilateral relationships with member states and other countries across the globe that help to address security threats and serious organised crime, as well as facilitate the delivery of effective justice. We intend to continue that close co-operation with our European and global allies on promoting security and justice across Europe after we leave.
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: International Affairs
William Nigel Paul Cash (Conservative, Centre-right): In my speech, and when the Minister came before the European Scrutiny Committee, I referred to the question of the attitude to be adopted in relation to votes in the Council of Ministers. Will he give some indication as to the kind of trend towards being sure we make it clear where we stand on Brexit matters within the framework of the decision-making process in COREPER?
Leaving the EU: Security, Law Enforcement and Criminal Justice — House of Commons, 2017-01-18
Topic: International Affairs
David Ian Jones (Conservative, Centre-right): As my hon. Friend pointed out, there is clearly now a change in the staffing of COREPER so far as the UK is concerned. As we move closer towards Brexit, and particularly after we trigger article 50, it is inevitable that that position will develop and change There were a number of points made by hon. Members during the debate and in the short time available to me I would like to comment on as many of them as possible. The hon. Member for West Ham (Lyn Brown) asked what guarantees can be given that security and law enforcement will not be compromised as a consequence of our departure from the EU. Of course, we have not even started the process of negotiation. We have not yet even triggered article 50. We are leaving the EU, but, as I previously indicated, co-operation on law enforcement and security with our European and global allies will remain a priority for the Government. The Prime Minister and the Home Secretary have both spoken with several EU partners who have been clear about their wish to maintain strong co-operation with the United Kingdom. That is a good basis for starting the negotiation, but clearly this is very early days My right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames) made an excellent speech. He referred approvingly to the Prime Minister’s speech and made it clear that it is important the United Kingdom continues to be a close friend of the continuing EU. That is certainly the spirit in which the Government intend to approach the negotiations The hon. and learned Member for Edinburgh South West and a number of other Members raised the issue of data protection in the continuing EU, and the extent to which the continuing EU would wish to, or be able to, share data with the UK. I would point out that on the day of departure, the UK’s data protection arrangements will be in perfect alignment with those of the continuing EU.