EU: Police and Criminal Justice Measures

Lord Stoneham of Droxford Excerpts

Tuesday 23rd July 2013 Lords Chamber

[Lord Stoneham of Droxford]

My Lords, I was also a member of the Select Committee on the opt-out decision, under the wise and thorough chairmanship of the noble Lord, Lord Hannay, and my noble friend Lord Bowness.

It is right at this stage in the debate to remind ourselves what that report said in a number of summary points. There is no detriment to the national interest of not activating the opt-out, no undermining of our common law legal system and no evidence that the Court of Justice of the European Union has been judicially activist or that its rulings set out to undermine the autonomy of member states’ criminal justice systems. It also expressed concern about our own security as a country if we no longer co-operate with the European arrest warrant, Europol and Eurojust. So I certainly started out opposed to using the opt-out, in contrast with my noble friend Lord Blackwell. I welcome the decision of the Government to support not only the 35 articles but also the supervision order that has been delayed by recent discussions. The coalition has arrived at a fair and workable compromise on the justice protocols and I will support the government Motion tonight.

Let us remind ourselves what the Select Committee said about the initial problem, which started in the manifestos of the three main political parties. The Conservatives in their manifesto,

“sought a mandate to negotiate the return of ‘criminal justice’ powers, among others”,

back to the UK. The Liberal Democrats in their manifesto pledged to:

“Keep Britain part of international crime-fighting measures such as the European Arrest Warrant … Europol … Eurojust, and the European Criminal Records Information System, while ensuring high standards of justice”.

The Labour Party manifesto made no reference at all to this matter, despite the fact that Labour initiated the whole opt-out procedure. I do not know why it did not mention it. Was it divisions between the Blairites and Brownites, or was it simply trying to disguise its own pro-Europeanism? As the noble Lord, Lord Hannay, said, it actually set up a cat’s cradle of the opt-out that we have had to resolve. Sadly the noble Lord, Lord Foulkes, is not in his place but I will certainly not take any lectures from him on fighting the cause for Europe. We left the Labour Party, but it was Labour that gave us the complexity of the opt-out. I cannot accept his judgment.

There are key issues that I hope my noble friend Lord Taylor will respond to. We have to answer certain questions. Can we negotiate the opt-ins to our satisfaction? Can we avoid a gap between the opting out and the opting in? Are we using good time to renegotiate the opt-ins when we could have used it to update and improve the existing provisions? However, it is practical politics—it is foolish not to accept and admit that—which are determining this outcome. There has to be a compromise and we in this part of the coalition believe that this is a firm and solid compromise: we have to use the bricks that we have achieved to consolidate our future in Europe.