Oral Answers to Questions
Debate between Baroness Hoey and Crispin Blunt(12 years, 6 months ago)
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Mr Blunt
My hon. Friend has made himself an authority in this area. He will know, therefore, that international experience is different from what he has described. The relationship between the level of crime and the level of incarceration differs across the world. The experience of countries such as Germany, Spain, Finland, Netherlands and Canada, and the state of New York, tends to contradict his analysis, while the experience of Florida and Denmark tends to support it. There is no clear evidence of such a simple relationship as he suggests.
Kate Hoey (Vauxhall) (Lab)
How many prisoners who come under the category of “prisoners protesting innocence” have gone way over their tariff, with the Parole Board refusing to release them because they refuse to admit that they were guilty, even though some of them may have served 25 years?
Mr Blunt
I am grateful to the hon. Lady for her question. I do not know the precise answer and suspect that it would be difficult to get the precise data to analyse the problem. There is such a problem, not least with sex offenders, who are often reluctant to engage with the system and often protest their innocence when they are not innocent. It is a problem to get such people to engage with offender behaviour programmes. The hon. Lady is right that there is a class of prisoner who does not engage in that way, rightly or wrongly, and who presents the system with particular problems. I will follow up that matter.
Data Protection in the Areas of Police and Criminal Justice (EU Directive)
Debate between Baroness Hoey and Crispin Blunt(12 years, 7 months ago)
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Mr Blunt
I will deal with that, but in deciding whether to exercise the opt-out, the Government looked at the most pessimistic reading of events. The conclusion to which my right hon. Friend refers has been before the European Scrutiny Committee, but that impact assessment does not take into account some of the consequences that would flow if we exercised an opt-out. I shall talk about those consequences later in my speech, but they include negotiating all the bilateral data protection arrangements that would be required were we not party to the directive.
Having held the responsibility of Europe Minister, my right hon. Friend, of all people in this House, will understand the complexity of the legal basis—complexity that has increased considerably since he and I were serving in the Foreign Office together, I as a special adviser and he as a Minister. If he will forgive me, I will get my arguments on the record, give right hon. and hon. Members the opportunity to contribute in the light of that, then respond to their remarks at the end of the debate. I will therefore resist taking too many interventions. This area is complex enough without adding further to that complexity—
Mr Blunt
If the hon. Lady will forgive me, let me get our position on the measure on the record, then I will be able to respond to interventions and points made in a more disciplined way.
It is the Government’s view that the proposed data protection directive can be classified as a Schengen building measure; therefore, under protocol 19 of the treaty on the functioning of the European Union, which governs how the Schengen acquis are integrated into the UK framework, the UK does have the option of opting-out of the directive. The deadline for notifying the Council of the European Union of an opt-out decision is 14 May.
The Government's position is that the continued ability to share information on crime and justice matters between nations is of fundamental importance. In an increasingly globalised world, crime does not stop at national borders, but reaches across jurisdictions and involves people of many different nationalities. The Government therefore support proportionate, clear and coherent data protection rules that keep personal data safe, protect the rights of citizens and enable our police to pursue criminals to protect the lives and interests of our citizens.
Mr Blunt
If we were outside the directive, our ability to negotiate essential data-sharing agreements, such as we are in the process of doing on the passenger name records directive and the European Union third-country passenger name records agreements, could be significantly undermined. Equally fundamental, exercising our opt-out on this measure could throw our participation in other, broader Schengen measures into question and the Council could take the decision not allow us to continue to participate in valuable data-sharing arrangements under the police co-operation provisions of Schengen. This would be a serious problem for our law enforcement agencies, which benefit from the sharing of criminal data under Schengen.
It is therefore our careful collective judgment, based on the most pessimistic view of costs and benefits, shared with the European Scrutiny Committee, that our national interests are best served by participating in this directive so that we are party to the framework governing data-sharing for policing and criminal justice across the European Union.
Mr Blunt
I am afraid I do not agree with the hon. Lady. The directive is important for the security of our citizens. I will go on to give an example of the kind of co-operation that we wish to protect under these arrangements. If we are not party to these arrangements, we will have to start negotiating at least 27 bilateral arrangements, which would take us to precisely the same place as the directive, without the benefit of negotiating under the directive.