EU: Police and Criminal Justice Measures

Lord Williamson of Horton Excerpts

Tuesday 23rd July 2013 Lords Chamber

[Lord Williamson of Horton]

My Lords, I declare an interest which is in the register. Because of the advisory time limit I intend to speak as fast as Benedict Cumberbatch, who plays Sherlock Holmes on the television.

I shall speak separately about the opt-out—the Government’s decision to exclude the application to the UK of some 130 measures, which of course the UK is entitled to do under the Lisbon treaty—and the opt-in, which is a separate proposal to opt in again to the 35 measures. That requires confirmation by the European Commission, which can impose conditions in the case of the non-Schengen measures, and in some cases agreement of other member states—the so-called Schengen measures.

In order to judge the best result for Britain, the two issues should be examined together. I welcome the Government’s decision to do this in the Home Secretary’s Statement of 9 July and in the submission of these issues to Parliament in the House of Commons and now in this House. We have also had the advantage of the careful examination of these questions in the EU Committee and the very substantial 155-page Command Paper 8671. I did not find it easy bedtime reading but it is a very thorough statement of the Government’s position which we are now invited to endorse—a vital and important change, which I welcome. I have noted that as a result of discussion in the House of Commons the timing is now not quite as speedy as was originally thought.

Although I will first speak about the opt-outs, it is the choice of the 35 opt-in measures and the conditions that we might wish to apply which are the more interesting. However, I will begin with the opt-out. It is important to stress that we are in the five-year transitional period under the Lisbon treaty—Article 10.1 of Protocol 36—and infraction powers under Article 258 of the treaty do not currently apply. However, if we do not opt out, of course all these measures will become subject to the European Court of Justice and the enforcement powers of the Commission on 1 December 2014. Quite simply, if we do not want that, we must opt out. If we are satisfied with it, we do not need to opt out. That is the basic situation before us.

An examination of these measures, set out in Command Paper 8671, shows that in the Government’s view, a good number of measures have little or no impact in the UK. Your Lordships will frequently find statements such as:

“The Government considers the economic impacts of non-participation in this measure to be negligible”,

or that a measure,

“does not appear to be in force, nor is it likely that it will come into force”.

There are many examples of this. We can draw two conclusions. First, these measures do not matter very much to the UK, which is the Government’s view. Secondly, as a general principle—which for me is important—it is always wise to question the need for legislation, whether from national or EU sources, unless it can be shown to be essential.

A mountain of secondary legislation passes through this House—there were 11,414 pages in 2009. This legislation is dominantly of national origin and the proportion that is Brussels-derived and under the European Communities Act is quite small. However, in the area of justice and home affairs there are a lot of regulations and legislative measures and the Government have decided that they want to go for the full opt-out. We might say that whatever the arguments advanced so far—and I respect them—this may make a small contribution to reducing exaggerated claims of the role of EU legislation in Britain.

I turn to the opt-in proposal, which is intended to safeguard and reinforce our national interest against organised crime and trafficking and to favour the most efficient administration of justice across frontiers. As I have already indicated, there are two types of these measures, the Schengen and the non-Schengen, and the procedures are quite different for bringing this to a conclusion as recommended by the Government.

There are some quite important measures among the 35, but they are mainly non-Schengen measures in the form of Council acts or decisions. Examples are the Council act on mutual assistance and co-operation through customs administrations—the so-called Naples II, which I believe is the basis which we use now. Then there are the Council decisions strengthening Eurojust in the fight against serious crime; the Council decision establishing Europol, whose excellent work was specifically pointed out by the Home Secretary in her Statement; and, of course, there is the decision on the European arrest warrant, which was dealt with extensively in the Home Secretary’s Statement together with the specific proposals she put forward for amendment of UK law to respond to some problems in practice.

I will say a few words—speaking as fast as I can but not as fast as Benedict Cumberbatch—about Europol and the European arrest warrant. Europol is just the sort of organisation that we need if we are to keep pace with—or preferably outpace—trans-border crime. It is common sense that we should stick with it in the interests of our law-abiding citizens, and that we should obtain the two assurances mentioned by the Home Secretary on data sharing and security and on there being no power for Europol to initiate investigations. I hope that we can deliver the Europol opt-in simply and quickly, by whatever method we go at it, because I am in favour of it.

The European arrest warrant is highly valued but it is much more controversial. It makes sense to operate on an EU-wide basis in order to avoid the complexity of negotiating extradition agreements with many different countries. The Home Secretary has indicated the changes that she wants to make in national law. I will not go over them again. They are in her Statement. They are all very sensible and we should endeavour to stick with them as the decisions on opt-ins go forward.

To conclude, the Government have made their choice, but the end of the operation will be when the Commission confirms the opt-ins, or in some cases when the member states agree them. It will be a good thing to have another report from the EU Committee. The changes that we have just discussed—the introduction of the word “endorse” and the other actions by the Government—indicate that we have a basis for responding to the motivation behind the amendment that the noble Lord, Lord Hannay, will not now press.

Subsidiarity Assessment: Seasonal Workers (EUC Report)

Lord Williamson of Horton Excerpts

Wednesday 20th October 2010 Lords Chamber

[Lord Williamson of Horton]

My Lords, I am truly being spoilt today, as I find myself on the speakers list sandwiched—if that is the word—between the noble Lords, Lord Stoddart of Swindon and Lord Pearson of Rannoch. I am sure that the moderation and content of my remarks will satisfy both of them, which is not always the case.

I intervene briefly to support the European Union Committee’s first report of this Session, which assesses whether the proposal for an EU directive on conditions of entry and residence of nationals from third countries for seasonal employment reasons does or does not—and the committee says that it does not—comply with the principle of subsidiarity.

First, because this Parliament, under Article 5(3) of the Treaty on European Union and Article 6 of the protocol on the application of the principles of subsidiarity and proportionality, can submit a reasoned opinion on Commission proposals to the European Parliament, the Council and the Commission itself, it is important that we should use this provision and that it should not go by default. I am glad that the EU Committee has examined this specific proposal and made this recommendation.

Unfortunately, the word “subsidiarity”, which sounds very technical, does not ring many bells in the United Kingdom. None the less, it is important, because it is a serious attempt to define the boundary between potential action at EU level and action by member states under their national arrangements, as in matters of shared competence the EU can act only if and in so far as the objectives of the proposal cannot be sufficiently achieved by the member states. Just as in this House we have a duty to scrutinise the activities of our Government and to ensure that they do not go beyond what is necessary, so we need also to present our views on the respect of the principle of subsidiarity and proposals being put to the EU institutions.

Although the UK opted out of the immigration regime in the original so-called Schengen provisions and we decided to operate our national border controls, it is remarkable that, in recent years, perhaps the number one concern of citizens has been the question of immigration and our operation of our border controls. None the less, I believe that the entry to and residence in the UK of third-country nationals as seasonal workers can be controlled by market forces and our national arrangements. That is what the EU Committee has said. Otherwise, we would have to follow the EU directive, if the Government had decided to opt in, and I do not think that we should do that.

Finally—this is a last word—those of us who work in this House know that we have been bombarded in recent years by a large volume of national, not EU, legislation, both as Bills and, more particularly, as secondary legislation. In the period from 1 August 2008 to October 2009, for example, 2,366 statutory instruments were made, of which only 94 directly implemented EU law. None the less, if we can avoid a proposal that, in the view of our EU Committee, does not respect subsidiarity, that is good.