EU Justice and Home Affairs Measures

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Wednesday 19th November 2014

(10 years ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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The fact I quoted is absolutely correct: net migration is down by a quarter from its peak under the last Labour Government. Furthermore, net migration from outside the EU is down to the levels of the late 1990s—something that never happened under the last Labour Government and has only happened because of the action taken by this Government to control immigration.

I welcome the opportunity to reiterate the Government’s support for the package of 35 measures, including the arrest warrant, which help us to tackle serious crime and keep this country safe. I think that the right hon. Lady’s commitment to the arrest warrant would carry more weight if, when in government, she and her party had taken action to address the concern that many people raised about how it was being operated—concerns that were eroding the public’s trust in this important measure.

Since 2010, we have made the important reforms that the Opposition failed to make in the previous eight years, and our law enforcement and prosecution agencies, the devolved Administrations, the Extradition Law Committee in the House of Lords and other experts, including the Lord Chief Justice, all wish us to continue to use the arrest warrant to bring offenders to justice and keep our country safe. That is not the arrest warrant bequeathed to us by Labour, but the arrest warrant that now has proper protection for those wanted for extradition, including British citizens. We have taken positive action to address the issues that have caused people such concern.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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How confident is my right hon. Friend that after 1 December, when the Court of Justice of the European Union will decide whether an arrest warrant issued by another member state is valid, the protections brought into domestic British law will prove to be robust?

Baroness May of Maidenhead Portrait Mrs May
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I am confident that some of the measures we have taken to deal with concerns raised about the EAW, such as proportionality, are measures that are available to other member states and which have not been challenged in the way my hon. Friend suggests.

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Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend has raised two important points. I will address both of them. He refers to the temporary transitional extension. The option that is proposed to extend that transitional period for a significant time would require secondary legislation to override the primary treaty right of the UK to opt out of measures and would effectively override the opt-out itself. That is a precedent that no one would want to set. A transitional decision is proposed by the European Commission. We have no vote on its adoption. We would have no power to amend the drafting of the decision and it could extend to all 135 measures and make them subject to ECJ jurisdiction to boot. That would effectively hand over our power on this matter to Brussels, which would determine it for us. I think that that would run entirely counter to our aim of bringing powers back from Brussels.

The other point is that it has been clear in discussions we have been having with the European Commission that the purpose of the transition arrangement was, for a very limited period, potentially to ensure that while the process of opting in was taking place there was no operational gap, so that we would make sure there was no point at which it was possible for somebody to claim that an arrest warrant, for example, was no longer operational as a result of the decisions we had taken.

In relation to the suggestion that we could have negotiated a separate treaty with the European Commission, reference is often made to the Danish position on that, but in fact that is different as the Danes have no alternative option for participating in the JHA measures. Protocol 36, the opting-out decision protocol, sets out our ability to opt out and to rejoin these JHA measures, so it puts us in a different position. The EC argues that that provides us with an adequate ability to go into these measures, and therefore renders a third-country agreement unnecessary.

Given my hon. Friend’s interest in European Court of Justice jurisdiction, the other point I would make is that in all the measures Denmark has negotiated separate arrangements on with the EC, it has been required to submit itself to the jurisdiction of the ECJ. That has been the price of getting the negotiated agreement with the European Commission, so I really do not think it is an option that resolves the issues my hon. Friend and others have concerns about.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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Will my right hon. Friend give way?

Baroness May of Maidenhead Portrait Mrs May
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I am conscious that this speech is taking rather longer than I had intended, but I will give way.

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Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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My right hon. Friend’s speech is taking a long time because it is so interesting and important. Following on from the intervention of my hon. Friend the Member for Daventry (Chris Heaton-Harris), I wanted to say that there are three points the Home Secretary has just mentioned where Her Majesty’s Government have negotiated with the Commission and have accepted the Commission’s no as authoritative without really pushing. This does not bode particularly well for an attempt to renegotiate the treaties after the next election.

Baroness May of Maidenhead Portrait Mrs May
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The fact is that we have been able to go into the negotiation with the European Commission and other member states, wanting to rejoin 35 measures, and the package we have brought back is rejoining 35 measures and not more measures. Many people said to us, “You will not be able to negotiate 35 measures. The European Commission and other member states will require you to join more measures.” They have not done so. The negotiation in that sense was successful, and contrary to what my hon. Friend says, I think that bodes well for the future.

I want to say a little more about some of the other 35 measures. I have mentioned already that they include important tools such as SIS II, the second generation Schengen information system. We are scheduled to join it shortly. It further strengthens our ability to detect foreign criminals at the border, including individuals wanted in their own countries for serious crimes such as rape and murder.

When the UK connects to the system, we will gain access to 51 million alerts, including on individuals who pose a very real security risk, such as foreign fighters who have travelled to Syria and Iraq and who could pose a serious risk to this country on their return. It is a tool that I am sure the whole House will want us to have at our disposal.

The package of measures also includes the Council decision on child pornography, which ensures that international co-operation to tackle this abhorrent crime is prioritised and that collective pressure is put on internet companies to tackle the disgusting crime of online child sex abuse wherever it takes place.

The package also includes Europol, which does excellent work to tackle cross-border crimes—under its British director, Rob Wainwright—and Eurojust, which often operates hand and glove with Europol, such as during the horsemeat scandal early last year. As I have already said, the package includes the European criminal record information system—ECRIS—as well, which has dramatically increased the number of criminal record checks on foreign nationals, and also the prisoner transfer framework decision, which helps us to remove foreign criminals from British jails.

The package also includes joint investigation teams, which allow our police and their European counterparts to co-operate in cross-border operations, such as Operation Birkhill which saw five criminals sentenced to a total of 36 years’ imprisonment this summer for their involvement in the degrading trafficking of over 120 women from Hungary, the Czech Republic and Poland into the UK.

These are all vital measures which the Government were clear we should remain part of in the national interest. We have exercised the opt-out, which the Labour party negotiated but voted against using. We have brought back some 100 powers from Brussels which the Labour party gave away. We have negotiated a good deal to remain part of a much smaller package of 35 measures in the national interest, despite being told by the Labour party that we should have sought “guarantees” that they did not bother to negotiate into the Lisbon treaty.

It is this Government who are providing leadership on European issues. We have cut the EU’s budget, secured an exemption from the new EU bank bail-out fund, vetoed a new treaty and secured a position of real influence in the Commission. That is leadership—an issue I know the Labour party might not want to discuss at the moment. Where this Government are leading, I am happy to see the Opposition follow, so I am glad to have the support of the right hon. Member for Normanton, Pontefract and Castleford today, but given her party’s failure to reform the arrest warrant, her opposition to our exercising the opt-out, her refusal to back the repatriation of powers and her continued efforts to deny the British people their say through an in/out referendum, it is clear that the Labour party can never provide the leadership that this country needs on Europe.

Business of the House (Today)

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Monday 10th November 2014

(10 years ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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If the right hon. Lady will just let me continue, I will explain further to the House. As I have said, there is no requirement to bring any vote to the House. There is a requirement to transpose into UK legislation certain of the 35 measures that we will opt back into. That would normally have been done through the negative statutory instrument procedure in an hour-and-a-half debate upstairs in a Committee, not on the Floor of the House. That would normally have been done after 1 December, so after the date on which the Government had chosen to opt back in, and indeed after we had exercised our opt-in. We did not think that that was right either, which is why we have brought before the House an affirmative measure on a statutory instrument that shows the House the legislative requirements that will need to be made.

However, I have been very clear, the Government have been very clear, and indeed you, Mr Speaker, have been very clear—I am grateful for the clarification in your statement—that the debate we will be having on the motion on the regulations will be wide-ranging and, indeed, will include a debate on the European arrest warrant. I say to Members of the House that it is my intention to speak about the European arrest warrant when that debate takes place. I also say to right hon. and hon. Members that if they vote against this—[Interruption.]

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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On a point of order, Mr Speaker. I am not sure that the Home Secretary was listening earlier when you said that the European arrest warrant can only be mentioned peripherally in the main debate, because she has just said that she intends to speak about it. It might be helpful if you reiterated your earlier advice, in case she had not been listening.

Criminal Law

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Monday 10th November 2014

(10 years ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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Thank you, Mr Speaker.

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) appears to have been getting herself into quite a state about this particular issue. I am very happy to explain the position to the House again, very clearly. It is very simple. There is a timetable that we must follow if we are to ensure that we can opt back in to measures by 1 December—

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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On a point of order, Mr Speaker. The matter is, of course, debatable, but what is debatable is whether or not the Question be not now put, rather than the merits of what we have previously been debating.

John Bercow Portrait Mr Speaker
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I think that the context is germane to the question of whether the motion be approved, or not approved, as the case may be. I therefore think that an excessively narrow interpretation would be wrong. I think it only right for the Home Secretary, if she wants to speak to the Question that the Question be not now put, to have an opportunity, in an orderly way, to make her case. Let me now hear what I hope will be an orderly account.

The UK’s Justice and Home Affairs Opt-outs

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Thursday 10th July 2014

(10 years, 4 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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My right hon. Friend makes an extremely valid point. It is the point that I had hoped to illustrate with the case that I set out at the beginning of my speech, which is that the European arrest warrant has given us distinct advantages in our ability to have criminals extradited back to the United Kingdom and, indeed, to extradite people elsewhere when they have committed crimes that warrant that extradition.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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Will the Home Secretary give way?

Baroness May of Maidenhead Portrait Mrs May
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I will, if my hon. Friend will wait a moment.

There have, of course, been a number of concerns that we have addressed in our legislation. That is an important point. I was in the middle of setting those out, but before I go on with the list, I will give way to my hon. Friend.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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The Government, in their July 2013 Command Paper, said that

“it may be possible to negotiate bilateral treaties…with the EU”.

The EU now has legal personality and I believe that there is legal advice, at least in the Ministry of Justice, that says that a bilateral treaty with the EU would be possible. Why is that avenue not being pursued?

Baroness May of Maidenhead Portrait Mrs May
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There are two issues in relation to that. First, people often say, “That’s what Denmark has; it is able to negotiate directly because it has a complete opt-out on these matters.” However, Denmark does not have any other legal avenue for opting in to those measures. As the Commission has made clear, given that there is another legal avenue for the United Kingdom—as negotiated by the previous Government—that is what should be pursued, rather than a separate extradition treaty with the EU. Secondly, I say to right hon. and hon. Members who think that some form of bilateral treaty would be a way of getting around the jurisdiction of the European Court of Justice, that Denmark has been required to submit to the jurisdiction of the ECJ as part of the conditions of agreeing a treaty with the European Union.

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Baroness May of Maidenhead Portrait Mrs May
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As I indicated earlier, the House will introduce its own legislation to ensure that we are able to do what we wish to do in terms of the powers of our law enforcement agencies and our security and intelligence agencies. We must, however, make a choice on some of these measures, and the question is whether we believe that we need such measures to keep the public safe and ensure that people are brought to justice, or not. I believe that with the measures we have negotiated, both I and the Justice Secretary—he has also been working hard on this matter—have recognised those issues and will ensure that our police and law enforcement agencies are able to do the job we want them to do.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I am extremely grateful to the Home Secretary and sorry to trouble her a second time. This argument that our whole security depends on the European arrest warrant must be false. An answer was given to the European Scrutiny Committee about how many indictable offences there were in the UK in one year, and the figure was 377,000. In a four-year period, however, there were only 507 requests for us to use a European arrest warrant to the continent. That is 125 a year against 377,000 indictments in this country. Our security is not dependent on the European arrest warrant.

Baroness May of Maidenhead Portrait Mrs May
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I find my hon. Friend’s argument strange. He says that, simply because a small number of serious criminals such as murderers are extradited on the European arrest warrant compared with the number indicted here in the UK, we should not worry. If somebody has committed a murder and we wish to extradite them from another European member state, we should be able to do so. The EAW, as all those who work with it will recognise and confirm—it has been confirmed in evidence to Select Committees—is a better tool to use because it enables extradition to take place more quickly.

As I have indicated, the Council of Europe arrangements, which were in place previously, had a time limit. Had the European arrest warrant not been in place, we would not have been able to extradite the individual I mentioned earlier, Mr Cullen, back to the UK to face justice, and his victims would not have seen justice done. All the provisions—[Interruption.] My hon. Friend the Member for Shipley (Philip Davies) mentions the DNA database from a sedentary position. He and I have a different opinion on the database because he would like everybody in the UK to be on it.

All the EAW provisions to which I have referred have been made in UK law and will commence later this month. I believe they will make an important difference in the operation of the arrest warrant. The Labour Government could have made all those changes during the eight years they oversaw the EAW, but they failed to do so. That failure has coloured the views of many in the House and beyond it about the EAW, but it should not cloud the fact that the EAW is a vital tool for ensuring that justice is done in this country and for keeping the British public safe, as has been so clearly impressed on me and Committees of the House in evidence given by the police and prosecutors who use it. I take that responsibility as Home Secretary very seriously, and it underpins everything I say in the debate and the process that has brought us to this point.

It might be helpful to remind hon. Members of the background. When without the promised referendum the previous Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), signed the UK up to the Lisbon treaty, he ceded more powers to the European institutions and gave up our veto over police and criminal justice matters. We got very little in return, but one of the few things we got from that flawed negotiation and imperfect treaty was the option to opt out of all the police and criminal justice measures that were agreed before the Lisbon treaty came into force. However, that opt-out had to be exercised en masse before the end of May 2014. Following votes in both Houses of Parliament last year, that is exactly what the Government did. That decision is irreversible and will come into effect on 1 December 2014. From that date, we must either opt back in to the smaller number of measures that we think are vital for the protection of the British people and other victims of crime, or face an operational gap that will hamper the efforts of our police and law enforcement agencies.

When the Justice Secretary and I came to the House last July, we explained that we had listened carefully to the views of our law enforcement agencies and prosecutors, and concluded that a small number of measures that were subject to the opt-out decision add value in the fight against crime and the pursuit of justice, and that it would therefore be in our national interest to rejoin them. We listened to right hon. and hon. Members, and carefully considered the reports of the European Scrutiny Committee, the Home Affairs Committee and the Justice Committee, before opening formal negotiations with the European Commission, the Council and other member states.

Good progress has been made, and I am pleased to be able to report that we have reached an in-principle deal with the Commission on the non-Schengen measures, which fall under its purview, and we have made good progress on the Schengen measures, on which the outline of a possible deal is now clear. I indicated earlier that the matter was discussed at the General Affairs Council on 24 June, but technical reservations remain, and discussions continue with the aim of allowing those reservations to be lifted. Therefore, the negotiations are ongoing, but, as I have said, the Justice Secretary and I have been clear throughout that we will update Parliament as appropriate and give right hon. and hon. Members the opportunity to debate the issue. That is what we are doing today. Last week, we published the Command Paper—Cm 8897—which includes the full list of measures that were discussed at the General Affairs Council, and impact assessments on each of the measures. That fulfils the Government’s commitment to provide those impact assessments and further demonstrates our commitment to parliamentary scrutiny of the matter.

Many were sceptical that a deal could be done, and many believed that the European Commission and other member states would force the UK into measures that we did not want to rejoin, but I am proud to say that we have been able to resist many of the changes demanded by others, and have not been pushed into rejoining a larger number of measures. We are clear that the deal is a good deal for the United Kingdom.

One measure that we have successfully resisted joining is Prüm, a system that allows the police to check DNA, fingerprint and vehicle registration data. I have been clear in the House previously that we have neither the time nor the money to implement Prüm by 1 December. I have said that it will be senseless for us to rejoin it now and risk being infracted. Despite considerable pressure from the Commission and other member states, that remains the case.

All hon. Members want the most serious crimes such as rapes and murders to be solved and their perpetrators brought to justice. In some cases, that will mean the police comparing DNA or fingerprint data with those held by other European forces. Thirty per cent. of those arrested in London are foreign nationals, so it is clear that that is an operational necessity. Therefore, the comparisons already happen, and must do so if we are to solve cross-border crime. I would be negligent in my duty to protect the British public if I did not consider the issue carefully.

Justice and Home Affairs Opt-out

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Monday 7th April 2014

(10 years, 7 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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Of course, by definition, the Government’s role is negotiating with the parties I have just indicated—the Council, the Commission and the member states—on those measures to which they agree it is possible for us to opt back into. That process, which takes some time, has been put in motion. I will describe where we are a little later but, by definition, the process must be undertaken by the Government. We have been clear that we will come back to Parliament, which will have the opportunity to debate and vote on the package of measures.

As my hon. Friend the Member for Stone (Mr Cash) is well aware, we have indicated the measures on which we wish to opt back in. The discussions are in place with the European Commission and the other member states as to their views—whether or not they wish the UK to opt back in—and any other matters they wish to discuss with us as part of that negotiation.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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To ensure the fullest engagement with Parliament, ought not it to be the case that we vote on every individual measure and not on a package?

Baroness May of Maidenhead Portrait Mrs May
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The Government have always seen this clearly as a number of measures, some of which interlink and relate to one another. Therefore, they are part of a package in relation to our ability better to protect the public and ensure that our law enforcement agencies have the powers that we consider they need.

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Baroness May of Maidenhead Portrait Mrs May
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I have made a number of improvements. The most obvious one is the introduction of the forum bar. That was not entirely popular on either side of the Atlantic, but we did it because we felt that it was right. I believe that it is an important safeguard in relation to the extradition of British citizens outside the European Union.

I believe that our reforms will make an important difference to the European arrest warrant. It is, of course, in our national interest to have an effective extradition system, and no other extradition system would be as effective.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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Before my right hon. Friend leaves the subject of proportionality, may I ask whether she has seen reports in today’s papers about a meeting of the Council of Ministers at which the French and Germans have indicated that they do not think that the proportionality test meets the requirements of European law?

Baroness May of Maidenhead Portrait Mrs May
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I am aware of the report in today’s press, but I do not think that it referred to a Council of Ministers meeting. It may have referred to a document that possibly had been leaked from the European Commission. I say to my hon. Friend that, as I have made very clear, there are matters for discussion and matters for negotiation that we have to undertake as we go through this process, but other member states do have within their own systems a greater ability to deal with issues such as proportionality, and I think it is right that we have taken powers ourselves in our own legislation to do that.

Returning to my point, I think it is in our national interest to have an effective extradition system in place and no other extradition system would be as effective. We owe it to the victims of crime, and their families, to return the alleged perpetrators of serious crimes to this country and ensure that they face justice. There are many examples of that, of which I will cite only a few.

The arrest warrant recently helped the British authorities to secure the extradition and conviction of Francis Paul Cullen, a former priest who sexually assaulted seven children before spending more than two decades on the run in Spain. Thanks to the European arrest warrant, he will now swap the Spanish sun for a 15-year term in a British jail.

Our law enforcement agencies are clear that the arrest warrant has helped them to secure the return of dangerous criminals to face justice in the UK—criminals who under the old regime might not have been returned to answer for their crimes, including David Heiss from Germany and Florian Baboi from Romania.

David Heiss viciously murdered a British student, Matthew Pyke—originally from Stowmarket in Suffolk—in Nottingham in September 2008, stabbing him 86 times. Heiss was arrested on a European arrest warrant at his home in Germany a month after the offence and was surrendered to the UK the month after that. He has since been sentenced to a minimum of 18 years in prison. Before the European arrest warrant, Germany did not surrender its own nationals; indeed, there was a constitutional bar to its doing so, so it is clear that in this case the arrest warrant made a real difference.

Romanian and Bulgarian Accession

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Wednesday 27th November 2013

(10 years, 12 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I have indicated that the habitual residence test will be available from 1 January, and that the measures for those people who will be removed—[Interruption.] The hon. Gentleman asked which measures would not be ready. He can work it out for himself, because I have told him which one will be in place on 1 January.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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I am sorry to have to ask the same question for about the sixth time. It is open to the Government to abrogate their treaty obligations, and it is open to the House to legislate. The free movement of people is no longer working in the interests of this nation, so why do Her Majesty’s Government lack the political will to change the law?

Baroness May of Maidenhead Portrait Mrs May
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I am tempted to say that I suspect my hon. Friend was not sorry to have to ask that question for a sixth time. I have answered it in relation to an earlier question. The Government are taking steps to ensure that we can do what we believe to be necessary to address the issue of the removal of transitional controls on people coming from Romania and Bulgaria. I hope that my hon. Friend understands the intentions and good faith behind what the Government have done across the immigration system over the past three and a half years. We have explored every possible avenue to do everything we can to repair the damage, mentioned by my hon. Friend the Member for Northampton North (Michael Ellis), that was done by the last Labour Government’s policies.

2014 JHA Opt-out Decision

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Monday 15th July 2013

(11 years, 4 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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I beg to move,

That this House believes that the UK should opt out of all EU police and criminal justice measures adopted before December 2009 and seek to rejoin measures where it is in the national interest to do so and invites the European Scrutiny Committee, the Home Affairs Select Committee and the Justice Select Committee to submit relevant reports before the end of October, before the Government opens formal discussions with the Commission, Council and other Member States on the set of measures in Command Paper 8671, prior to the Government’s formal application to rejoin measures in accordance with Article10(5) of Protocol 36 to the TFEU.

For 40 years, ever since the United Kingdom entered what was then just a Common Market, power flowed in one direction—from this country and this place, which ought to be sovereign but in practice is often not, to the institutions of the European Union. Since the referendum in 1975, not once was the consent of the British people sought or given for a series of treaties that gave more and more power to Europe.

The Government’s decision, which I announced in a statement last week, to opt out of around 130 European justice and home affairs measures, before seeking to opt back into those measures that we believe work in the national interest, will be the first time in the history of our membership of the European Union that we have taken such a set of powers back from Brussels. Let us be clear that, however complicated the issues we are about to debate—I will soon come to those issues—we are first and foremost talking about bringing powers back home. That is something—

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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Will the Home Secretary give way?

Baroness May of Maidenhead Portrait Mrs May
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Will my hon. Friend allow me to finish my sentence? He is quick off the mark, as he always is on these matters.

That is something that should be celebrated by anybody who cares about national sovereignty, democracy and the role of this place in making the laws of our country.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I am very grateful to my right hon. Friend for giving way to me so early on. Is it not unfortunately the case that 43 of the measures are, in effect, defunct anyway, that the ones we opt back into come under the European Court of Justice, and that that is a much bigger give-away of power than the relatively minor removal of powers that is happening under the opt-out?

Treaty on the Functioning of the EU

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Tuesday 9th July 2013

(11 years, 4 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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The decision on the form that any further vote will take in relation to these matters post negotiation is yet to be taken by the relevant House authorities and business managers. I welcome the hon. Gentleman’s opening remarks. Perhaps he might like to try to persuade his Front Benchers to be as clear in their position on the opt-out.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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I wonder whether my right hon. Friend has forgotten the coalition agreement, which states:

“We will ensure that there is no further transfer of sovereignty or powers over the course of the next Parliament.”

Anything that we opt back into comes under the European Court of Justice, the European Parliament and might be subject to qualified majority voting. All those three items are a surrender of sovereignty, and therefore her statement is disappointing to many people.

Baroness May of Maidenhead Portrait Mrs May
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I merely remind my hon. Friend that the matters we are seeking to rejoin are ones to which we are currently not party. I recognise that we will be seeking to rejoin them post Lisbon treaty, but we have not suddenly plucked them out of thin air.

Abu Qatada

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Tuesday 7th February 2012

(12 years, 9 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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One of the important messages comes from part of the Court’s decision, which is that where we have memorandums of understanding in relation to the treatment of individuals, that was upheld by the European Court. That is an important part of the judgment. Obviously, as I have said we vehemently disagree with the other part of the Court’s judgment in relation to the issue of a fair trial, which is why we continue to do what all hon. Members have said they want, which is to see if there are ways we can move to Abu Qatada’s deportation.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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My right hon. Friend referred to the current legal framework. Will she confirm that it is open to Parliament to change this legal framework, and would it therefore be possible to repeal any rights of the European Court to interfere in our affairs and to return this matter to British courts—and could a Bill to achieve this be introduced tomorrow?

Baroness May of Maidenhead Portrait Mrs May
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We are signatories to the European convention on human rights, and we remain signatories to that convention. That has been the policy across Governments in this country. As I have said in response to a number of questions, we are doing what we can at this time, with our chairmanship of the Council of Europe, to bring change to the way the European Court operates.

European Investigation Order

Debate between Baroness May of Maidenhead and Jacob Rees-Mogg
Tuesday 27th July 2010

(14 years, 4 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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The proportionality test is something that we intend to negotiate with other member states from the point of opt-in to the point at which the text of the final directive is determined.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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As the final text will be determined by qualified majority vote, how may we be certain that we will not cede powers to Europe? Does the Home Secretary recall the words of a great and noble lady who, when Europe was trying to snatch powers, once said from that very Dispatch box, “No, no, no”? Is not that a much preferable way in which to approach a further European grab?