EU: Justice Opt-outs

Lord Boswell of Aynho Excerpts

Thursday 4th December 2014 Lords Chamber

[Lord Bates]

My noble friend is right that it is critical to have the European arrest warrant in place to avoid any operational gap—which we did as a result of the documents being deposited and agreed on 1 December. It is important that that continues, as is the case with all 35 measures. It is also good that we have retained and repatriated powers from the 100 that we did not opt into.

[Lord Boswell of Aynho (Non-Afl)]

My Lords, in the matter of the opt-outs, while it is gratifying to know that the Government have been keeping in touch with the Irish authorities, sadly they have not always succeeded in fulfilling their duties to this House. After repeated failures on deadlines, in a letter that reached me within the hour the Government have now admitted that in relation to the decision of 1 December, which is welcome in substance, they broke the scrutiny resolution. When the European Union Committee had already written to assert its right to demand an Oral Statement consequent on this failure of the process, why are the Government now apparently resisting or refusing to make one? Is it not high time that the Government realised that it is as useless as it is impertinent for them to seek to avoid continuing embarrassment by putting their head in the sand?

[Lord Bates]

Obviously, we take the noble Lord’s criticisms extremely seriously, given his position. I know that he does not raise these issues lightly. We also take seriously our obligations, set out in the appendix to the Companion, on scrutiny reserve powers. I urge him to accept that exceptional factors were at play in this instance, relating to the objections that were lodged by the Spanish, the Poles and the Austrians in July, which we did not anticipate. This then coincided with the recess period. The Spanish objections were listed only on 7 November and we needed to avoid an operational gap. That was why, in these exceptional circumstances, the Home Secretary had to take the decision to override scrutiny—which she did not do lightly. She did so to avoid people being at risk through the European arrest warrant not being in place. We have met the chairs and the work will be ongoing to ensure that this does not happen again.