EU: Police and Criminal Justice Measures

Debate between Lord Hannay of Chiswick and Lord McNally

Tuesday 9th July 2013 Lords Chamber

[Lord Hannay of Chiswick]

My Lords, I apologise for remaining on my feet, but as the noble Lord, Lord Richard, said, I chaired the committee that wrote the report to which the Government have not found it in their wisdom to refer in this Statement.

One consequence of the Statement, which I thank the Minister for repeating, is that the committees which have worked together on this issue will now reopen the inquiry and provide the House with a second report before any final vote is taken. Does the Minister agree that this Statement makes, frankly, a pretty good mockery of the Government’s undertaking to engage with Parliament on this issue? The original decision was announced in Rio de Janeiro, rather further away than the studios of the “Today” programme, which is the normal distance from Westminster at which such things are said. That was followed up by a Statement in the House which preceded any consultation with this House, with the other place, with the devolved parliaments and with the professions.

Now we have a Statement that simply ignores the views of your Lordships’ EU Select Committee, which was supported by members of all three parties and of none and which came to the conclusion that the Government had not at all made a convincing case for triggering the block opt-out. That they do not even find room in the Statement to refer to that report is perhaps to be explained by the fact that the Government’s response to it is now two weeks overdue, and we have not yet seen it.

Can the Minister confirm that a second vote will be taken in this House, as in the other place, before any final decisions are reached, and that that debate and the vote will be taken in the light of the Government’s success in negotiating with the Commission and the Council on the measures that they wish to rejoin? Will the Government provide both Houses with a report on those negotiations well in advance of the second vote? Frankly, it is pretty odd to ask both Houses to vote on a 159-page White Paper within about a week.

[Lord McNally]

My Lords, on the point about the committee’s report, we will respond to that in due course. I hope that as we move forward we do not get bogged down in the niceties of protocol. The report from the noble Lord’s committee was influential in the discussions that have taken place. This is a little bit like a game of three-dimensional chess. In reaching decisions, the Government are trying to keep both Houses informed and to keep relations and channels open to the Commission and to member states. I hope Members of the House will understand that the issues covered by the 2014 decision are numerous and complex. We have been conscious of the need to ensure that any information we provide is as accurate and as informative as it can be.

Members of the House will be aware that the document today with its five explanatory memorandums is a measure of that commitment to put the information before the House as quickly and as fully as possible. Of course, I think it is implicit in everything that has been said that a second vote will be taken when the outcome of these negotiations are known. Common sense dictates that this will not be finessed through or carried through with smoke and mirrors. Both Houses, with all their experience and expertise, will demand the full facts on which they will base that second decision.

EU Treaties: Justice and Home Affairs Opt-Outs

Debate between Lord Hannay of Chiswick and Lord McNally

Monday 1st July 2013 Lords Chamber

[Lord McNally]

My Lords, the passion of the noble Lord, Lord Foulkes, is explanation in itself of why the Government are taking such care and time to look at matters that he himself has acknowledged relate very much to national security and the national interest. That is precisely why the Government are taking their time in making these decisions.

[Lord Hannay of Chiswick]

My Lords, does the Minister recognise that the Government have already overrun the two-month period in which they are meant to respond to reports from your Lordships’ committees —in this case, the European Union Select Committee? If he does, can he say when they are going to respond? Will he perhaps reflect on the possibility that the national interest might be served best by following the advice given by the committee: namely, that there was no convincing case for triggering the opt-out at all?

EU: European Justice and Home Affairs Powers

Debate between Lord Hannay of Chiswick and Lord McNally

Monday 15th October 2012 Lords Chamber

[Lord McNally]

I thank the noble Lord, Lord Baker, for that intervention. I think he would agree that things have moved on from Maastricht, not least in a matter that I think the noble Lord, Lord Reid, referred to—that many of the challenges that we face in these areas are transnational and international. That is why, while looking at the issues with an eye to subsidiarity and the responsibilities of the nation states, we also have to look at them from the realities of the much more international, transnational and global operation of many of the criminal forces that we are trying to counteract. That is why I rely on proper evidence-based examination of the decisions that we are taking forward.

[Lord Hannay of Chiswick]

My Lords, does the Minister recognise that the thanks for the Statement today would be a great deal more sincere if it was not such a sham? It is a sham because the Prime Minister has stated categorically that he will opt out—no ifs and buts and nothing about reinserting those measures we choose. He has ridden roughshod over the undertakings that were given in this House by the noble Lord, Lord Henley, and in the other place by the Minister for Europe that before the Government came to any conclusions at all on this matter they would consult very fully. The warm words he said about consultation today are, frankly, not very comforting. I can only repeat the words of the chairman of the EU Select Committee of this House, the noble Lord, Lord Boswell, when he wrote to the Home Secretary after the Prime Minister’s statement expressing his dismay. Does the noble Lord agree that it would be completely unthinkable to put the matter for decision to the two Houses until we are absolutely clear what the whole of the reinsertion or reapplication package is? We will not be able to judge what the consequences of the Government’s actions are unless we know not only that they are going to opt but what they are going to opt back into.

[Lord McNally]

The noble Lord is being unduly cynical about the approach being taken—or let us say pessimistic. When the Home Secretary of the day makes a considered Statement of government policy and I repeat it from this Dispatch Box in this House, we are asking noble Lords and Members in the other place to believe that the Government have not made a final decision on this matter. They have adopted a process which will enable us properly to look at the issues before us. I take note of the noble Lord’s point that the opt-out/opt-in decision is part of a single picture, and I shall certainly draw my colleagues’ attention to the fact that somebody with his long experience of negotiations of this kind is giving what I consider to be wise advice.

Bribery Act 2010

Debate between Lord Hannay of Chiswick and Lord McNally

Wednesday 2nd March 2011 Lords Chamber

[Lord Hannay of Chiswick]

To ask Her Majesty’s Government when they intend to bring the Bribery Act 2010 into force.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Government are committed to the implementation of the Bribery Act. We are urgently working on the guidance to commercial organisations to make it practical and useful for legitimate business and trade. After the guidance is published, there will be a three-month notice period before full implementation of the Act.

[Lord Hannay of Chiswick]

My Lords, I hope the Minister will forgive me for making my thanks for that not very satisfactory Answer fairly perfunctory. The fact is that the Act should be in force by now. Does he not agree that those who have been campaigning so vociferously against the entry into force of the Act have done Britain’s industry no favours whatever by suggesting that it can export successfully only by the use of these dubious practices? Does he not also agree that suggestions that this piece of legislation was rushed through Parliament before the election are a travesty, considering that the matter was subjected to pre-legislative scrutiny for a lengthy period in a committee of both Houses?

[Lord McNally]

My Lords, I agree entirely with the noble Lord’s last point: the legislation was subject to very careful scrutiny. Since coming to office, we have also subjected the Act to a wide range of consultations aimed at making sure that the Act, which passed both Houses with all-party support, was fully understood and could be implemented fully. I take the noble Lord’s point, as I think that the Government do, that any suggestion that British industry can only make advances in overseas trade by bribery does unjust damage to our reputation as a fair-trading nation.

EU: Police and Justice

Debate between Lord Hannay of Chiswick and Lord McNally

Tuesday 8th February 2011 Lords Chamber

[Lord McNally]

My Lords, yes it is. That is why we are following the pattern, as the noble Lord said, of looking at these matters in a pragmatic and practical way, with a mind to defending essential British interests and making sure that our judicial system is protected while also ensuring that we retain the many benefits of cross-border and EU co-operation referred to by my noble friend Lord Thomas.

[Lord Hannay of Chiswick]

Does the Minister agree that it would be a little odd to suggest that we should give up the right to decide whether to opt in? Will he confirm that the Government would opt into an EU measure only when they considered it to be in Britain’s national interests? Does he not think that to be able to opt in only after the matter has been negotiated by everyone else and not by us would be the least good way in which to bring our influence to bear?

[Lord McNally]

Again, I agree. The practical way in which we have operated since coming into office is to look at the merits of the case, to put our decision before the two Select Committees of both Houses and to listen to their advice. It makes no sense at all to have knee-jerk reactions or to play to various galleries. We are looking at these matters in Britain’s interests, consulting as far and wide as we can and listening to Parliament. That is the best way in which to get the best decisions.