EU Justice and Home Affairs Measures

Debate between Damian Green and Dominic Raab

Wednesday 19th November 2014 Commons Chamber

[Damian Green]

The hon. Gentleman says that, but the job of police officers and criminal justice agencies around the world is to keep citizens safe. When they recommend that something is keeping us safe, we should take them seriously.

[Mr Raab]

We can all agree that looking out for our security is the job of the police and the intelligence agencies but, as my right hon. Friend demonstrated so valuably in his campaign against identity cards and 90 days’ detention without charge, it is our job to scrutinise what goes on.

[Damian Green]

I absolutely agree. As my hon. Friend knows, I am not an uncritical admirer of everything that the police do, and nor do I take on board what they say as a matter of course, but I am struck by the words of some of the best police officers throughout Europe. Keith Bristow, the head of the National Crime Agency, says:

“The European Arrest Warrant is by far the best way”

of bringing criminals back to the UK to face justice. As we have heard, Rob Wainwright, the director of Europol—a Brit—has said that

“the European Arrest Warrant has resulted in one of the most dramatic improvements of international law enforcement in recent times”.

We should take such views seriously.

The best objection to the EAW has always been the cases of British citizens who have been extradited—perhaps wrongly—and held for long periods. I accept that such cases have been the subject of many effective campaigns, including that of my hon. Friend the Member for Enfield, Southgate (Mr Burrowes). However, the context of the debate has changed, as we now have reform under the Anti-social Behaviour, Crime and Policing Act 2014. One of the biggest changes since the measures came into effect in July is that there have been a significant number of judicial refusals of arrest warrants, which represents a significant step forward for preserving the safety of our constituents who might have fallen victim to judicial or policing mistakes made in other European jurisdictions.

Given such progress, I urge those who oppose our opting back into the EAW to acknowledge that their essential objection is the fact that this is the “European” arrest warrant. There is a danger that the debate gets taken away from law and order. We need extradition treaties with other countries, and the alternatives to the warrant are much slower and less effective. Some treaties do not work satisfactorily, such as that we signed with the US, a democracy with a perfectly good judicial system, so it is clearly not true that the European Union and the European arrest warrant cause unique problems.

Crime fighting is an aspect of life in which instinctive, habitual, institutional co-operation among European countries makes life better for everyone who lives in them. We all agree that that is true for free trade and protecting the environment, and it is also true for crime fighting. The measure improves British citizens’ safety and quality of life, which is why I support the motion and the Government’s policy.

Home Department

Debate between Damian Green and Dominic Raab

Tuesday 1st April 2014 Ministerial Corrections

[Mr Raab]

To ask the Secretary of State for the Home Department how many requests for the surrender of an individual under a European Arrest Warrant were received by the Serious Organised Crime Agency in 2010-11.

[Official Report, 1 December 2011, Vol. 536, c. 1063W.]

Letter of correction from Damian Green:

An error has been identified in the written answer given to the hon. Member for Esher and Walton (Mr Raab) on 1 December 2011.

The full answer given was as follows:

[Damian Green]

[holding answer 7 November 2011]: In 2010-11, SOCA received 6,032 Part 1 European Arrest Warrant requests (relating to individuals who are in the UK) and 256 Part 3 warrants (relating to individuals wanted by the UK).

Member states will often issue an EAW to all other member states when the location of the individual sought is not known. The number of requests received, therefore, is not necessarily an indicator of those individuals being in the UK.

The correct answer should have been:

[Damian Green]

[holding answer 7 November 2011]: In 2010-11, SOCA received 5,770 Part 1 European Arrest Warrant requests (relating to individuals who are in the UK) and 256 Part 3 warrants (relating to individuals wanted by the UK).

Member states will often issue an EAW to all other member states when the location of the individual sought is not known. The number of requests received, therefore, is not necessarily an indicator of those individuals being in the UK.

[Mr Raab]

To ask the Secretary of State for the Home Department how many requests for the surrender of an individual under a European arrest warrant were received by the Serious and Organised Crime Agency in 2011-12.

[Official Report, 20 June 2012, Vol. 546, c. 1058-60W.]

Letter of correction from Damian Green:

An error has been identified in the written answer given to the hon. Member for Esher and Walton (Mr Raab) on 20 June 2012.

The full answer given was as follows:

[Damian Green]

[holding answer 18 June 2012]: During the business year 2011-12, the Serious Organised Crime Agency received 5,832 European arrest warrants issued by EU member states—this figure includes four issued by Gibraltar. The following table breaks this figure down by issuing state.

Oral Answers to Questions

Debate between Damian Green and Dominic Raab

Tuesday 2nd July 2013 Commons Chamber

[Damian Green]

Again, every member of the Government has made it clear that the original convention was written well and expresses views that all of us in the House share. Members in all parts of the House, even in the Labour party, might admit that the way the legislation is now being used brings human rights into disrepute and that we need to do something about it. That is the work that I am leading on behalf of the Conservative party.

[Mr Dominic Raab (Esher and Walton) (Con)]

14. What steps he is taking to improve literacy among prisoners.

Foreign National Offenders

Debate between Damian Green and Dominic Raab

Monday 19th December 2011 Commons Chamber

[Damian Green]

If the hon. Member for Rhondda (Chris Bryant) believes that, he really is completely out of touch with reality.

[Mr Dominic Raab (Esher and Walton) (Con)]

I welcome the Home Office’s review of article 8 and the right to family life. Successful article 8 challenges to deportations are running at about 400 a year, and they include that of the man with no dependants who was convicted of killing my constituent, Bishal Gurung. Will the Minister tell the House when the Home Office review will report, and is he mindful of the evidence from the Lord Chief Justice and the President of the Supreme Court that changes of this nature would require primary legislation?

[Damian Green]

Obviously, we are mindful of all the representations we have received on the consultation. We will come to a conclusion within the next few months. My hon. Friend’s point is clearly a serious one, and we are looking carefully into the fastest and most effective method of achieving what I hope we all want to achieve.

Counter-terrorism

Debate between Damian Green and Dominic Raab

Thursday 20th January 2011 Commons Chamber

[Damian Green]

The hon. Gentleman is entirely right. Not only is it surprising that Labour Members are so worried about leaks; it is equally surprising that they can bring themselves to talk about civil liberties given their shambolic and dreadful record on that issue. That is precisely why the reserve powers that we propose will be in the form of a draft Bill, so that nothing can be done without the full consent of Parliament—even in the most dire emergency, which we can all imagine happening—if it is thought that we need to revert to a longer period of pre-charge detention. It will be for Parliament to decide, and that is absolutely the right way to proceed.

[Mr Dominic Raab (Esher and Walton) (Con)]

I welcome the statement and the fact that the trajectory of pre-charge detention under this Government is going down, not up, as it did under the last Government. We will have to wait and see what the legislation says and look at the detail, but can my hon. Friend confirm one point in relation to evidence? A lot of evidence is already in the public domain in the form of the Home Office statistical bulletins, which show that in more than four years we have never needed 28-day pre-charge detention. Will he confirm that, and also that he has not seen any countervailing evidence that contradicts that?

[Damian Green]

My hon. Friend, who is a considerable expert on these matters, is of course right. No one has been detained for more than 14 days since July 2007, despite the many terrorist outrages that we have regrettably seen since then. To put the House fully in the picture, to date, 11 individuals have been held for more than 14 days pre-charge, six of whom were held for the maximum 28 days, three of whom were charged and three were released without charge. Again, for the those on the Opposition Front Bench to talk about evidence when they tried to foist 90 days on the House without any evidence at all was completely disrespectful.