EU Criminal Policy

Debate between Lord McCrea of Magherafelt and Cookstown and Crispin Blunt

Wednesday 25th January 2012 Commons Chamber

[Mr Blunt]

As a Justice Minister, I would be extremely unwise not to acknowledge the merits and wisdom of the recommendation of the Chairman of the Justice Committee. My right hon. Friend makes the proper point that there is an expertise in the Select Committees that should be engaged, if possible. Much of the process sits with the European Scrutiny Committee, and we are today making recommendations that the House should consider matters. I shall, of course, leave the detail of process, and the way in which the House should do that, to my right hon. Friend the Leader of the House. However, I hear what my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) says, and I acknowledge the force of his point.

[Dr William McCrea (South Antrim) (DUP)]

The explanatory memorandum on the European Union document acknowledges that responsibility for criminal law matters in Scotland and Northern Ireland rests with the respective Scottish Government and Northern Ireland Ministers. It then states:

“This EM has been cleared by officials in the Scottish Government and Northern Ireland.”

Will the Minister assure me that the Minister in Northern Ireland has been consulted on the matter and that he has had sight of the document before our discussions here?

[Mr Blunt]

I hope that I can return later to the hon. Gentleman’s intervention and give him a full answer.

As I said, there are some potential concerns about the detail of the principles. Ineffective implementation of a European Union policy should not in itself trigger consideration of the use of criminal law. We also agree with the European Scrutiny Committee that it is primarily for member states and their Governments to ensure that citizens can have confidence that they live in a Europe of freedom, security and justice. The European Union’s primary role should be driven by stopping serious cross-border crime.

The Government welcome the further caveats that the European Scrutiny Committee considers should be placed on the communication. The first relates to the European Union not seeking to harmonise extra-territorial provisions across member states. The Government believe that requiring member states to take extra-territorial jurisdiction must be considered on a case-by-case basis, having particular regard to the conduct to be tackled and its impact. We have accepted that it is appropriate to require member states to be able to prosecute their nationals who commit certain child sex crimes or human trafficking offences anywhere in the world. However, we have not accepted European Union rules on extra-territorial jurisdiction based on the nationality of the victim of crime.

The Government also agree with the Committee that we should be cautious about European Union criminal law that seeks to define aggravating and mitigating circumstances. We accepted some aggravating factors in the context of child sex offences or human trafficking. We consider those factors to form part of the agreed minimum sanctions, and, therefore, to be permissible.

The Government are unaware of the previous use of the term “Euro-crimes”, or, indeed, its origin. It is wholly misleading. I want to state clearly that no one will ever be prosecuted under a so-called Euro-crime. The European Union can set only the minimum elements of an offence. Each will have to be implemented in the domestic law of the member states. Hon. Members will understand why the Government view the term as singularly unhelpful. For European officials to use a shorthand internally to refer to crimes about which member states have agreed to establish minimum standards is one thing. For that term to find its way into official documents is another example of jargon that allows misrepresentation and misunderstanding.

Oral Answers to Questions

Debate between Lord McCrea of Magherafelt and Cookstown and Crispin Blunt

Tuesday 17th May 2011 Commons Chamber

[Mr Blunt]

My hon. Friend has pointed clearly to a consequence of the failure to rehabilitate offenders effectively, which should have happened under the previous Administration. That is why we are engaged in what we are calling a revolution in rehabilitation. As I said in answer to my hon. Friend the Member for Fylde (Mark Menzies), we will have to ensure that we engage the full capacity of the voluntary and charitable sectors, in co-operation with the state sector and the private sector, in order to maximise our capacity to deliver and to focus them on outcomes rather than inputs.

[Dr William McCrea (South Antrim) (DUP)]

Has the Minister seen the headline in a national newspaper today stating that drug addicts are pocketing benefits amounting to more than £1 billion every year? Does he accept that the welfare system needs to be reformed to give addicts help in the form of treatment, rather than funding their addiction, and how does he see such a proposal being taken forward?

[Mr Blunt]

That is an extremely important part of effecting the rehabilitation of offenders. The number of offenders whose offences are drug-related is very substantial, so in conjunction with the Department of Health we are examining and introducing pilots on the whole treatment of drug addiction in the community. Many offenders will enter those pilots and then, I hope, the scheme when we roll it out system-wide by the end of the Parliament. We are also examining with the Department of Health how we treat people in prison in order to ensure that we are much more focused on abstinence as well. I fear I may exhaust the patience of Mr Speaker if I go on.

Oral Answers to Questions

Debate between Lord McCrea of Magherafelt and Cookstown and Crispin Blunt

Tuesday 29th March 2011 Commons Chamber

[Mr Blunt]

We are trying to ensure that funding decisions are delegated more effectively locally, so that where decisions have been taken for alternatives to custody pilots to be mainstreamed or for alternative funding to be found for them, and they are found to be of value at a local level, they should be able to be protected at a local level.

[Dr William McCrea (South Antrim) (DUP)]

Does the Minister agree that any alternative to custody must contain the essential element of punishment for the crime, as well as rehabilitation, in order to prevent a recurrence?

[Mr Blunt]

I wholly agree with the hon. Gentleman. It is very important that community sentences reflect the principles of sentencing—I made that point in the original answer. If they do not carry credibility in respect of punishment and protecting the public, people will rightly expect us to make a greater use of custody. As we know, short custodial sentences are not always in everyone’s best interests.

Oral Answers to Questions

Debate between Lord McCrea of Magherafelt and Cookstown and Crispin Blunt

Tuesday 15th June 2010 Commons Chamber

[Mr Blunt]

I agree with my hon. Friend. I am afraid that we have seen too much focus on the pursuing of political positions and influence by the media. What we have to do now is take advantage of the change in Administration, and the fact that we have a coalition Government, to try to take the political heat out of the issue, and achieve consensus on a long-term strategy to address reoffending.

[Dr William McCrea (South Antrim) (DUP)]

The Justice Secretary is reported as saying that millions of pounds could be saved by jailing fewer offenders and slashing sentences. Does the Minister accept that our first duty is the protection of the public and that we must provide prison capacity accordingly?

[Mr Blunt]

Yes, but I do not entirely recognise the hon. Gentleman’s presentation of my right hon. and learned Friend the Justice Secretary’s comments over the weekend. The hon. Gentleman is right to say that the first objective is public protection, and if we are to protect the public of tomorrow, so that there are fewer victims, we have to ensure that we have a justice service that will deliver a reduction in reoffending rates and can divert people from offending in the first place.