Eurojust and the European Public Prosecutor’s Office

Debate between Diana Johnson and John Redwood

Tuesday 29th October 2013 Commons Chamber

[Diana Johnson]

Clearly, I am not in government, so I am not in a position to have such conversations, but it is important that the Opposition raise questions about what the Government have been talking to their EU partners about and whether they have been able to form any of the alliances that other hon. Members have mentioned to get the best possible way forward.

[Mr Redwood]

Do the hon. Lady and her party agree that we do not want more transfers of power over our criminal justice system to the EU and that we wish to protect our common law traditions?

[Diana Johnson]

As I just said, we are interested in trying to deal with crimes such as human trafficking, financial fraud and the serious organised crimes that go across borders, which are not about what is happening in the UK but are Europe-wide and global. We should make sure that we have procedures in place to ensure co-operation where it is useful.

The three main aims of the reforms are, as we understand it, to increase democratic accountability to member states’ legislatures; to increase efficiency through more streamlined management structures; and to improve EU member states’ effectiveness in the increasingly globalised fight against organised crime. All are laudable aims with which I am sure we all agree. Equally laudable is the aim of increasing our effectiveness in tackling cross-border crime. The Government’s current objections can be divided into those that need working through, which we recognise, and those that, I suggest, appear to be spurious.

The major change, and the one that we recognise poses the biggest challenge, is the appointment of the national member. Under the proposed reform, member states will second a national member—a prosecutor, judge or police officer—to work full time at Eurojust. Member states will grant national members the power to fulfil the task conferred on them by the Eurojust regulation. That means national members, once appointed, will bear responsibility for ensuring that their member states co-operate with Eurojust, including through legal assistance, information exchanges, liaising with international bodies and assisting in joint investigation teams. National members, working with other competent authorities from member states, will also:

“a) order investigative measures;

b) authorise and coordinate controlled deliveries in the Member State in accordance with national legislation.”

The Opposition accept that the appointment of national members represents a big step up for the role of Eurojust. We fully recognise that it is not acceptable for the national member to be in a position of oversight over the UK criminal justice system. I reiterate that we do not support any move to cede prosecuting powers to the EU, either to the EPPO or through some mechanism of Eurojust. However, we would like to see the Government attempt to reconcile those proposals with the current set-up in our criminal justice system.

The Government appear concerned that, as currently formulated, the proposals could allow Eurojust to order investigations, or even prosecutions, that duplicate efforts already under way in the UK. Prosecutions in the UK of course require the consent of the Director of Public Prosecutions, while investigation of most of the crimes listed in annex 1 are the responsibility of the newly formed National Crime Agency. Perhaps the Minister will explain what work is being done to look at the possibility of drawing the national member from one of those bodies and work on the basis of a memorandum of understanding to ensure that the UK retains sovereignty over our systems while improving cross-border co-operation. As has been mentioned, special arrangements will need to be put in place for Scotland.