European Union (Croatian Accession and Irish Protocol) Bill

Lord Dodds of Duncairn Excerpts

Tuesday 6th November 2012 Commons Chamber

[Mr Lidington]

With the leave of the House, Mr Deputy Speaker, I would like to reply briefly to some of the points that have been made. I thank Members of all parties who have taken part in the debate. Although a number of criticisms have been made of the stage that Croatia has reached in preparing for EU accession, there has been pretty nigh universal support for the principle that Croatia should be welcomed as a full member of the European Union.

Let me deal first with the points that have been made about the Irish protocol. I was asked why no referendum was required under the European Union Act 2011. As my right hon. Friend the Member for Ross, Skye and Lochaber (Mr Kennedy) said just now, the truth is that the protocol is declaratory. It changes neither the content nor the application of the EU treaties. The European Council conclusions of June 2009 said that the protocol was

“fully compatible with the Treaty of Lisbon and will not necessitate any re-ratification of that Treaty”.

That was at the heart of the formal opinion set out by my right hon. Friend the Foreign Secretary in his statement on 2 July this year, in which he explained why, having examined the protocol, as required under the 2011 Act, he had concluded that it fell within one of the exempt categories of legislation.

I should say to the hon. Member for Moray (Angus Robertson) that while I completely accept—and not just in respect of the Irish protocol—that the smaller EU members play a vital and welcome role in the functioning of the European Union, he will also, I am sure, have taken note of the fact that, between Croatia’s application and accession, 10 years elapsed before all the details were sorted out and accession arrangements put in place.

[Mr Nigel Dodds (Belfast North) (DUP)]

Will the Minister give way?

[Mr Lidington]

The right hon. Gentleman will forgive me; I think the House would want me to make progress.

My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) asked about the lack of action on a police law. In about a week to eight days’ time—well ahead of the proposed Committee stage of the Bill—I will make available to the Committees and in the Library the detailed tables in respect of chapter 23, which was the supporting basis for the report, which the Committees have seen. Those tables are with the Ministry of Justice at the moment. As we did in April, we will make those tables available to the House following the Commission’s October report, and I undertake to do so in good time before the Committee stage.

To deal with the point my hon. Friend made, progress on the police law could be said to have fallen victim to the democratic process. The previous Croatian Government, led by the HDZ, passed a law on the recruitment of police officers shortly before the Croatian general election. After a new Government were elected in Zagreb, they wanted to consider the position and decided that they wished to repeal the law. They have now had detailed discussions with the European Commission and decided to go ahead with the previous law, subject to some amendments. The details of the police law are finalised and we expect everything to be in place well ahead of Croatia’s expected accession date.

The hon. Member for Linlithgow and East Falkirk (Michael Connarty) asked about the risks of trafficking, a subject in which he has taken a long and detailed interest. We have not identified any victims of trafficking from Croatia in the United Kingdom. Indeed, the 2011 report by the US State Department, which ranks countries in terms of their capacity to tackle trafficking and protect victims, designated Croatia as a tier 1 country, alongside the United Kingdom. The evidence suggests that Croatia already has a robust system in place, but clearly we will want to work with the Croatians to ensure that that remains the case. Countries close to Croatia, such as Kosovo and Albania, are indeed source countries for traffickers. The Croatian Government are fully aware of the risks and are committed to strengthening measures to tackle trafficking. For example, Croatia intends to continue training border staff and police. A training programme on trafficking in human beings has been drafted and will be implemented as part of the border police training system. We believe that Croatia is on track to meet its commitment to tackling human trafficking.

The hon. Gentleman also asked about the need for border management. The EU monitoring reports released in April and October highlighted delays in implementing the infrastructure and equipment required for the integrated border management programme. That will be addressed as part of pre-accession monitoring, but in the meantime Croatia continues to make progress. As at August this year, the national border management information system was live at 81 border crossing points, which represents significant progress on 2011, when only 37 were so equipped. In 2011, Croatia apprehended 3,461 illegal migrants, a significant increase on the 1,946 apprehended in 2010. The total number of border officers is now 6,017, of which 4,647 are at the external border. Croatia plans to recruit 406 additional border officers before the end of the year.

The hon. Member for Linlithgow and East Falkirk asked whether Croatia would be obliged to join Schengen. The act of accession provides for much of the Schengen acquis to apply to, and be binding on, Croatia from the date of her accession, but the actual lifting of border controls to other Schengen area member states will not take place at the time of Croatia’s accession. That will take place later, following a separate Council decision, and it will happen only if Croatia meets the requirements of the Schengen evaluation procedures to the satisfaction of the Commission and the existing Schengen area member states.

The hon. Member for Moray asked about the post-accession measures. Articles 38 and 39, relating to safeguards to the single market and to chapters 23 and 24, can indeed be invoked after accession, as well as before it under the special pre-accession monitoring arrangements.

In answer to a further point raised by the hon. Member for Linlithgow and East Falkirk, the conflict of interests commission is in the process of being established, and we expect it to have been established before the end of the year. One reason for the delay is that the Croatian Government have decided to be completely transparent about the process, and they have interviewed every one of the more than 200 applicants for the post involved.

[Official Report, 12 November 2012, Vol. 553, c. 1-2MC.]I shall perhaps have an opportunity to say more about the general issue of anti-corruption measures when we reach the further stages of the Bill. Today, I would simply say that we are now seeing action being taken in high-profile cases, with convictions secured against a former Prime Minister, a former economy Minister and a former defence Minister. At the lower level, too, the Croatian bureau for combating corruption and organised crime has issued indictments against 257 people, secured 209 judgments including 205 convictions, and launched 191 new investigations, all between January and August 2012. Again, that is evidence of the determination of the Croatians to push forward and deliver on their promises to take rigorous measures against corruption.

My right hon. Friend the Member for Ross, Skye and Lochaber rightly referred to the part that Croatia has played in contributing to the international security assistance force operations in Afghanistan. I also look forward to the prospect of Croatia, as a full member of the European Union, serving as a role model for the other countries of the western Balkans and, through her own diplomatic and political activity, leading them towards full integration with the European family of nations, as well as strengthening the institutions that provide for democracy, the rule of law and human rights for everybody. Although there is still work to be done in the months leading up to accession, this Government believe that Croatia has achieved remarkable progress. She is on track to deliver on her promises by the date of accession, and that is why we have brought the Bill to the House and ask the House to support it tonight.

Question put and agreed to.

Bill accordingly read a Second time.

European Union (Croatian Accession and Irish Protocol) Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the European Union (Croatian Accession and Irish Protocol) Bill:

Committal

1. The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on Consideration and Third Reading

2. Proceedings in Committee, any proceedings on Consideration and proceedings on Third Reading shall be taken in one day in accordance with the following provisions of this Order.

3. Proceedings in Committee and any proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

4. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming committee

5. Standing Order No. 83B (Programming committees) shall not apply to the proceedings on the Bill in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings

6. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Joseph Johnson.)

Question agreed to.