EU Police, Justice and Home Affairs

Lord Beith Excerpts

Wednesday 12th June 2013 Commons Chamber

[Mrs May]

Yes. I can reassure the hon. Gentleman that it is indeed the Government’s intention to provide Parliament with a list of the measures that we wish to opt back into, so Parliament will have that before it votes on the matter.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The Government have repeatedly said that they want to engage with Select Committees as part of the process, but still, many months after they were promised, we do not have the explanatory memorandums, and Committees are not in a position to factor into their work the consideration that will be required to inform the vote that the Home Secretary has just referred to.

[Mrs May]

I recognise the point that my right hon. Friend makes. We will supply the Select Committees with explanatory memorandums and the list of measures that the Government propose to opt back into, and we will also discuss with relevant Committees how the vote will be taken in Parliament.

--- Later in debate ---

[Mrs May]

I say to my hon. Friend that, given that I have not published a list, he is not in a position to know which parts of ACPO’s advice I have listened to or not. What I have said is that I have listened to ACPO’s advice and it is absolutely clear that it thinks that a very limited number of measures are beneficial to policing and that a significant number are of no practical benefit whatsoever. We have also listened to a number of other organisations with relevant experience in this particular field.

The Government have been clear that we must consider the full impact of ECJ jurisdiction on each of these measures. The European Union Justice Commissioner Viviane Reding has made it clear that the old third pillar often led to outcomes at the lowest common denominator, mostly in order to secure unanimity. The vast majority of these measures were not negotiated with ECJ jurisdiction in mind, and the drafting often reflects that. We should be very careful about allowing the ECJ to interpret such measures.

Why do I say that? Because it is for this House to write the UK’s laws. For example, where Parliament agrees with the judgment of the UK Supreme Court, Parliament can pass a law to make its will clear and remedy the effect of that judgment. However, judgments passed down in Luxembourg by the European Court cannot be addressed in this way. Instead, they require a change to EU law, which cannot be brought about by the UK alone. That is an important point for us to consider.

In the Metock case, for example, the European Court of Justice made a ruling that extended free movement rights to illegal migrants if they are married to a European economic area national who is exercising those rights. Since the Metock judgment, we have seen a steady increase in sham marriages involving EEA nationals. However, the UK cannot fix that issue alone, despite there being agreement on both sides of the House.

Let me be clear: I am not saying that there is never a role for the European Court of Justice. If that was the case, we would never opt into any new measures. However, as a question of policy, we need carefully to consider the Court’s ability to interfere in our criminal justice system and weigh that against any benefits that the measure may bring.

As the shadow Home Secretary has said on quite a few occasions, the opt-out decision involves the European arrest warrant. I know that that measure is of particular interest to many Members. Let me start by refuting the fatuous suggestion that we would consider opting out of it simply because it has the word “European” in its title. The Government are looking at each measure on its merits and nothing else. When the case is made that a measure is in our national interest, we will participate in it. As I have said previously, we will consider how each measure contributes to public safety and security; whether practical co-operation is underpinned by it; and whether there would be a detrimental impact on such co-operation if we pursued it by other mechanisms before making a final decision. The European arrest warrant is no different in that respect.

The arrest warrant has had some success in streamlining the extradition process within the EU. The shadow Home Secretary referred to the arrest last month of Andrew Moran, one of Britain’s most wanted fugitives, by the Spanish police. However, as I set out in my statement in October, there have also been problems. The Government are concerned about the disproportionate use of the arrest warrant for trivial offences and its potential use for action in the United Kingdom in relation to activity that is not considered to be a crime in the UK. We also have concerns about the lengthy pre-trial detention of British citizens overseas.

The motion and the shadow Home Secretary’s response to my hon. Friend the Member for Cambridge (Dr Huppert) suggest that the Opposition finally share our concerns about the European arrest warrant and would like to see its operation reformed. If that is the case, the whole Government welcome the admission that Labour got it wrong on the European arrest warrant and I am glad that we will have its new-found support if we wish to make any changes in that regard.

We may not have had much clarity from the Opposition today, but I am grateful for the opportunity to hear the views of Parliament on this important matter. This Government, more than any before us, have done our utmost to ensure that Parliament has the time to scrutinise our decisions relating to the European Union and that its views are taken into account. As I have said, we have made a commitment to hold a vote in both Houses of Parliament before we take a final decision on the opt-out. That vote will take place in good time before May 2014. However, I remind hon. Members that current and forthcoming proposals in the EU will have an effect on the 2014 decision.

[Sir Alan Beith]

In giving that assurance, will the Home Secretary indicate when Select Committees will receive the explanatory memorandum that we have been promised for so long?