division_name: Counter-Terrorism and Border Security Bill &#8212; Continued participation in the European Arrest Warrant
motion: <p class="indent" pid="b693.0/3" pwmotiontext="yes">&#8220;with respect to the two individuals, as &#8203;the Crown Prosecution Service and police announced earlier today, we have obtained a European arrest warrant and will shortly issue an Interpol red notice.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-09-05">5 September</phrase> 2018; Vol. 646, c. 169.]</p>
  
  <p class="indent" pid="b693.0/6" pwmotiontext="yes">&#8220;As we have said and will continue to say, we seek tools similar to the European arrest warrant, which we find incredibly useful. It helps us and our law enforcement agencies.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-19">19 December</phrase> 2017; Vol. 633, c. 1018.]</p>
  
  <p class="indent" pid="b693.0/9" pwmotiontext="yes">&#8220;cannot take part in the European Arrest Warrant&#8221;</p>
  
  <p class="indent" pid="b693.0/11" pwmotiontext="yes">&#8220;This does not mean that we&#8221;</p>
  
  <p class="indent" pid="b693.0/13" pwmotiontext="yes">&#8220;cannot work together on extradition.&#8221;</p>
  
  <p class="indent" pid="b693.0/15" pwmotiontext="yes">&#8220;Existing extradition arrangements between the EU and third countries do not provide the same level of capability as the EAW.&#8221;</p>
  
  <p class="indent" pid="b695.1/3" pwmotiontext="yes">&#8220;the rule of law depends on all parties being able to seek confidential legal advice without fear of disclosure&#8221;.</p>
  
  <p class="indent" pid="b699.0/5" pwmotiontext="yes">&#8220;If we want people to be in a position where they can freely discuss matters with their legal representatives, we have to preserve this value. It is key to the rule of law that people can discuss matters openly with a legal representatives so that the solicitor, advocate or barrister is in a position to advise properly on what avenues are open to the person. Clearly one would want to ensure that that was adequately protected.&#8221;&#8211;&#8211;[Official Report, Counter-Terrorism and Border Security Public Bill Committee, <phrase class="date" code="2018-06-26">26 June</phrase> 2018; c. 49, Q103.]</p>
  
  <p class="indent" pid="b699.0/7" pwmotiontext="yes">&#8220;The cornerstone is legal professional privilege. That is not access to a lawyer; it is the confidential nature of discussions between a lawyer and their client. That is the cornerstone that has been in existence for hundreds of years and that is held out internationally as a gold standard that we have in this country. That is what is being undermined by this Bill saying that a police officer can stand and listen to the consultation that is going on between the client and the lawyer.&#8221;&#8211;&#8211;[Official Report, Counter-Terrorism and Border Security Public Bill Committee, <phrase class="date" code="2018-06-26">26 June</phrase> 2018; c. 28, Q63.]</p>
  
  <p class="indent" pid="b699.0/14" pwmotiontext="yes">&#8220;I don&#8217;t think it controversial to observe that leaving that regime without replacing that regime would significantly and adversely affect our capabilities. From a professional criminal justice point of view, the realistic issue is the extent to which this can be mitigated.&#8221;</p>
  
  <p class="italic" pid="b706.4/3" pwmotiontext="yes">The House divided:</p>
  
  <p pid="b706.4/4" pwmotiontext="yes">Ayes 255, Noes 293.</p>