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Lord Scott of Foscote: My Lords, I am grateful to all noble Lords who have spoken in the debate and who have provided support for the report of Sub-Committee E. I am grateful also to the Minister for the assistance he has given in the response to the points made by your Lordships. There are some points about which I am still troubled and some about which I am still uncertain. I am anxious to see the draft Bill, which we shall have before the summer Recess, to see to what extent the points of principle which have been made in the various speeches tonight have been taken on board by the Government. I was pleased to hear from the Minister that there were points of principle on which the Government have not yet made up their mind. They have had a great deal of material tonight to assist them to do that.
Perhaps I may take a moment to refer to the point raised by the noble Lord, Lord Pearson. The framework decision has not yet become final. The
Minister said that besides ourselves, Ireland, Sweden and Denmark still retain scrutiny reservations. According to the document of 10th December at which we have all been looking, COPEN 79, there were scrutiny reservations also from the Netherlands. Perhaps they have relinquished their reservations since then.Unless the framework decision becomes final, Parliament will have complete freedom to pass whatever amendments to the extradition arrangements with the European Union it chooses. If the framework decision becomes final, as a matter of treaty the Government will be bound to introduce domestic legislation to implement the terms of the decision which will have become final. However, if the legislation introduced by the Government and passed by Parliament in one respect or another appears to contain an inconsistency with the framework decision, it will be the Westminster Act that will govern in this country. What potentially might happen then would be that some other member states might take whatever proceedings are available—I hope not to be asked what they might be—in order to complain of the British Government's failure to produce legislation which corresponds with the framework decision. But we can rely, for the time being at least, on the contents of the Act passed by the Westminster Parliament. Therefore, the assurances that the noble Lord has given about what will be contained in that are of legitimate comfort to us.
I am grateful for the opportunity to have had the report of Sub-Committee E debated today. I am grateful to all noble Lords who have spoken and for their support and to the noble Lord for his response.
On Question, Motion agreed to.
Greenham and Crookham Commons Bill
Returned from the Commons with the amendments agreed to.
- House adjourned at fifteen minutes after ten o'clock.
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