EU Justice and Home Affairs Measures

Debate between Baroness May of Maidenhead and Wayne David
Wednesday 19th November 2014

(10 years 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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We return to an issue that has been much debated in the House. Last Monday was the sixth time that it was debated on the Floor of the House since the Government announced that they were minded to exercise the opt-out in October 2012. We had debates that month, in June and July 2013, and in April, July and November this year. The Government have published two Command Papers providing the House with the provisional and final lists of measures that we are seeking to rejoin, and with full impact assessments on the final list. We have responded to four parliamentary inquiries on the matter and to the joint report of the European Scrutiny, Home Affairs and Justice Committees in April. I am grateful for the scrutiny that those Committees and other hon. Members have given to this important matter, and I am happy to return to it today.

This is an issue that the shadow Home Secretary judges so important that she curtailed debate about it last week; so urgent that she strung it along for another week; and such an issue of principle that she is determined to try to score political points about it even though we agree on the substance of it.

As the Justice Secretary and I made clear to the House last week, and as I made clear to the right hon. Lady in an open letter the day before, the Government saw last Monday’s debate and vote as being about the whole package of 35 measures, including the arrest warrant, that we want the UK to remain part of in the national interest.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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Will the Home Secretary clear up for the benefit of the House the simple fact that there was no reference to the European arrest warrant in the Government’s motion in the House of Commons last week, but there was in the motion in the House of Lords? Will she please explain why that was the case?

Baroness May of Maidenhead Portrait Mrs May
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What I have just said about our view of the debate—[Interruption.] Perhaps the hon. Gentleman would like to be a little patient and wait for my answer to his question. As I have made clear, we felt that the debate was on the 35 measures, and Mr Speaker made clear that hon. Members could speak about all those measures in the debate. In the House of Lords it is open to the Government to amend an affirmative motion—something not open to the Government in the House of Commons—so when the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), said that there were different procedures, she was absolutely right.

Last week we had the opportunity for a full day’s debate. The hon. Members for Ilford South (Mike Gapes) and for Denton and Reddish (Andrew Gwynne) complained about a lack of debate last Monday, but that was because the shadow Home Secretary moved a motion that cut short the whole debate. We are now able to debate today’s motion, and as the right hon. Lady has made clear, there is nothing in it for the Government to disagree with, so we will support it.

Baroness May of Maidenhead Portrait Mrs May
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I am clear that there was no requirement on the Government to bring the measures, other than those in the regulations, to the House, or to hold a debate on the Floor of the House on those regulations. There would normally have been an hour and a half debate upstairs in Committee, but we chose to bring it to the Floor of the House and to use a business motion to extend the debate. We chose to say to the House that we were clear that because the debate was about only those measures in the regulations that required a legislative instrument, we would nevertheless be bound by the vote on the whole package of measures, including the European arrest warrant.

Baroness May of Maidenhead Portrait Mrs May
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The hon. Gentleman may wish to carry on talking about procedure, but I want to get on to the issues and I am happy to do that.

Extremism

Debate between Baroness May of Maidenhead and Wayne David
Monday 9th June 2014

(10 years, 5 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend returns to a topic on which he has questioned me in the past, and on which I have made a number of statements in the House. In the cases of the extradition of Abu Hamza and the deportation of Abu Qatada, there were certainly delays due to the operation of the European Court of Human Rights. I have also made it clear in the House that the Conservative party is committed to going into the election with policies relating to the reform of the Human Rights Act 1998 and of our relationship with the European Court.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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Did the Home Secretary authorise the release to the media of the letter to the Education Secretary?

Baroness May of Maidenhead Portrait Mrs May
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I think I have answered that question already. I did not authorise the release of the letter, and the Cabinet Secretary and the Prime Minister have concluded that the ministerial code was not broken.

2014 JHA Opt-out Decision

Debate between Baroness May of Maidenhead and Wayne David
Monday 15th July 2013

(11 years, 4 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I have not explained the point yet, so I suggest that the hon. Gentleman waits to hear what I am going to say.

In his statement in January 2011, the Minister for Europe, my right hon. Friend the Member for Aylesbury (Mr Lidington) said:

“Parliament should have the right to give its view on a decision of such importance. The Government therefore commit to a vote in both Houses of Parliament before they make a formal decision on whether they wish to opt out.”—[Official Report, 20 January 2011; Vol. 521, c. 51WS.]

Today’s vote is the fulfilment of that commitment. It is, as the wording of the motion makes clear, the vote on whether the Government should exercise the right to opt out. The decision about which measures the UK should seek to rejoin is separate, so there will be a second, separate vote on that matter. We have published that set of measures, along with explanatory memorandums, in Command Paper 8671, last week.

Baroness May of Maidenhead Portrait Mrs May
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I give way to the hon. Member for Caerphilly (Wayne David).

Wayne David Portrait Wayne David
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The Home Secretary quoted the Minister for Europe’s statement of January 2011, but she did not mention that he went on to say:

“The Government will conduct further consultations on the arrangements for this vote, in particular with the European Scrutiny Committees, and the Commons and Lords Home Affairs and Justice Select Committees”.—[Official Report, 20 January 2011; Vol. 521, c. 51WS.]

Will she tell us whether those discussions took place, as promised two years ago?

Baroness May of Maidenhead Portrait Mrs May
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We are going to ensure, as the motion suggests, that the Scrutiny Committee and the two Select Committees have the opportunity properly to scrutinise the set of measures, and there will be two votes in the House. We have always been clear that Parliament and its Committees should have adequate time to scrutinise the set of measures. That work does not need to be done before today’s vote, because today’s vote is about the decision to exercise the opt-out.

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Baroness May of Maidenhead Portrait Mrs May
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Of course some countries negotiate arrangements with other countries—indeed, we have individual arrangements with countries outside the EU —but if we had to negotiate separate bilateral agreements with all 27 other member states, why does my hon. Friend think that they would work any better than the arrest warrant? Would that suddenly improve the level of justice in certain countries or speed up the system? On the contrary; I think it would be likely to slow it down. As my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) said, all sorts of problems with speed and cost could ensue, and we would risk being unable to bring foreign nationals back here to the United Kingdom.

Baroness May of Maidenhead Portrait Mrs May
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I have been very indulgent, but I will give way one last time to the hon. Gentleman.

Wayne David Portrait Wayne David
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The Home Secretary has outlined the changes to the European arrest warrant that she would like to make unilaterally, but what changes would she like to make at a European level?

Baroness May of Maidenhead Portrait Mrs May
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I have been discussing with other member states the operation of the European arrest warrant and the possibility of some changes being made to it. Some member states are looking at the way they operate the European arrest warrant and may change some of their legislation to make it better for us in terms of proportionality. We are talking to other member states that might also be taking powers to introduce proportionality in a way that reduces the number of trivial crimes for which European arrest warrants are issued into the United Kingdom.

Treaty on the Functioning of the EU

Debate between Baroness May of Maidenhead and Wayne David
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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I am very happy to give my hon. Friend that assurance. Indeed, our original coalition agreement states that we would not be a part of measures that led to a European public prosecutor.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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I am pleased that the Home Secretary has, at long last, recognised the importance of a European arrest warrant and, indeed, other measures. I am glad, too, that she has had the strength to stand up to her Eurosceptic Back Benchers. However, I take the point that we need to have a reasonable discussion in this House with a proper amount of time—a commitment given by the Minister for Europe some time ago.

Baroness May of Maidenhead Portrait Mrs May
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The Minister for Europe committed to a debate in this House and there will be a debate in this House.

EU Police, Justice and Home Affairs

Debate between Baroness May of Maidenhead and Wayne David
Wednesday 12th June 2013

(11 years, 5 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I recognise the point that my right hon. Friend makes. We will supply the Select Committees with explanatory memorandums and the list of measures that the Government propose to opt back into, and we will also discuss with relevant Committees how the vote will be taken in Parliament.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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Given the importance of the European arrest warrant, to avoid any confusion or misunderstanding and to achieve maximum clarity, will the Home Secretary say here and now that it is the Government’s intention to opt into the European arrest warrant because she recognises that it is so important to this country?

Baroness May of Maidenhead Portrait Mrs May
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I will announce what the Government will do in relation to the European arrest warrant at the time that I list those measures that we wish to opt into or not rejoin, so the hon. Gentleman will just have to be a little more patient.

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Baroness May of Maidenhead Portrait Mrs May
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Sadly, the right hon. Lady does not seem to understand what the decision is about and, therefore, what her debate is about. Her debate is about the fact that her Government negotiated a situation in which we can either opt out of all the measures and then try to opt back in, or opt into all the measures.

I have been very open that it would not be appropriate to opt into any measure that we think would take considerable time and money. We will not be in a position to immediately rejoin Prüm, which requires member states to allow the reciprocal searching of their databases for DNA profiles, vehicle registration data and fingerprints, because implementing it fully will take years and require substantial funding. The previous Government estimated that it would cost more than £30 million back in 2007—that figure may well be higher now—and they subsequently did nothing to implement it.

The shadow Home Secretary’s spurious accusations about the Government’s European policy seem to be a cover for the confusion on her own Benches. I note that in response to a number of interventions she did not clearly state what her own policy is. It seems to be to negotiate an opt-out but not exercise it and to sign up to costly measures such as Prüm but not implement them. That is not the sort of leadership that the United Kingdom needs in Europe.

Wayne David Portrait Wayne David
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The Home Secretary says that she has had discussions with ACPO. What advice did it give her?

Baroness May of Maidenhead Portrait Mrs May
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ACPO, as it has made clear to Committees of this House, has set out those measures that it feels will be useful in a policing sense. There is absolutely no secret about what ACPO has made clear.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Wayne David
Monday 19th March 2012

(12 years, 8 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I am very happy to support the initiative being taken by Cheshire and Northamptonshire police. This is an excellent example of innovative thinking and of creating collaboration between the private sector and police forces to ensure that better services are available, and that the police are better able to cut crime, which is what the public want them to do.

Wayne David Portrait Mr Wayne David (Caerphilly) (Lab)
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Does the Home Secretary agree that modern, strategically located police stations are an effective and essential part of modern policing?

Baroness May of Maidenhead Portrait Mrs May
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What is important at grass-roots level is that the police make decisions about what makes sense to make themselves accessible to the public. In some cases, that will mean closing long-standing separate police station buildings and locating the police in alternative provision, perhaps in town centres.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Wayne David
Monday 6th February 2012

(12 years, 9 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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Indeed, reputable scrap metal dealers play a role in our economy, and everything we are doing is intended to bear down on the rogue scrap metal dealers who receive stolen goods rather than on reputable dealers. We are working with the British Metals Recycling Association and other industry representatives to ensure that the interests of the law-abiding businesses are reflected in the work we are doing.

Wayne David Portrait Mr Wayne David (Caerphilly) (Lab)
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Does the Home Secretary believe that the police should be allowed into scrap metal dealers in order to gain a comprehensive view of what is happening in them?

Baroness May of Maidenhead Portrait Mrs May
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We are looking at the whole issue of strengthening police enforcement, and one of the things we are doing is undertaking a number of exercises—an example has been seen in the north-east in recent weeks—where the police have strengthened their enforcement and gone into scrap metal dealers where they believe rogue dealing is taking place.

Metropolitan Police Service

Debate between Baroness May of Maidenhead and Wayne David
Monday 18th July 2011

(13 years, 4 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I have not had such interaction with the Scottish Justice Minister, but I am happy to alert him to the steps that we are taking in relation to forces in England and Wales so that he may look at that in relation to Scottish forces.

Wayne David Portrait Mr Wayne David (Caerphilly) (Lab)
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Looking ahead to Wednesday, may I urge the Home Secretary to have a word with the Prime Minister to ensure that as well as making a statement he will also lead the debate?

Baroness May of Maidenhead Portrait Mrs May
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Hon. Members have asked that the Prime Minister comes to the House on Wednesday. He will be doing that.