Article 50

Debate between Tom Tugendhat and Baroness May of Maidenhead

Wednesday 29th March 2017 Commons Chamber

[The Prime Minister]

We are very conscious of the arrangements in the Belfast agreement and of the practical issues that will arise as a result of the UK leaving the European Union because of the land border with the Republic of Ireland. We are also very conscious of the work taking place across the border, between Northern Ireland and the Republic of Ireland, on a whole variety of areas. That is why we are working very closely with the Republic of Ireland Government to ensure that we are able to preserve the developments that have taken place and the progress that has been made in Northern Ireland. We recognise the importance of the Belfast agreement in the peace process and the future of Northern Ireland.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

It is a great honour indeed not to be the last Member on the Government Benches to be called, Mr Speaker.

Will my right hon. Friend the Prime Minister join me in thanking all those who have done so much to increase the prosperity and liberty of the European continent over the past 40 years? On this day, of all days, we should remember that the change we have seen on the continent is so great that the President of the European Union is a man born under tyranny who now leads an impressive Union, which we have chosen to leave. Like the great democrat he is, he has taken the sovereign will of the British people quietly and sensibly, and he is working with our Government to ensure that the Prime Minister can deliver exactly what the people voted for. Will my right hon. Friend join me in hoping that the tone of friendship she has demonstrated today in her statement and in her letter, and that President Tusk has demonstrated in his reception of it, will continue through both negotiating teams and all Ministers?

[The Prime Minister]

I absolutely agree. As we look at the negotiation, it is important that at every level and in every part of those negotiations we maintain a constructive and positive approach. That is the best way of getting the best possible agreement at the end.

European Council

Debate between Tom Tugendhat and Baroness May of Maidenhead

Tuesday 14th March 2017 Commons Chamber

[The Prime Minister]

I am doing nothing of the sort. The hon. Gentleman needs to recognise that there is a difference between access to the single market, protecting our ability to operate within the single market, and membership of the single market. Membership of the single market means accepting free movement, accepting the jurisdiction of the European Court of Justice and, effectively, remaining a member of the European Union. We have voted to leave the European Union, and that is what we will be doing.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

My right hon. Friend needs no lessons in her primary duty, which is the defence of this great realm. I welcome enormously the efforts she has made with our European partners to work together to counter the Russian threat that is sadly growing in the east. Will she please comment a little on how the threat would affect the United Kingdom should parts of our own great United Kingdom secede from the Union? What vulnerabilities would that put into our defence?

[The Prime Minister]

It is right that we are looking very carefully at the impact that the activity of Russia and others can have across the European Union, but it is also right that we are stronger as a United Kingdom in our collective defence and that every part of the United Kingdom benefits from being part of the UK through our collective defence and security against crime and terrorism.

Informal European Council

Debate between Tom Tugendhat and Baroness May of Maidenhead

Monday 6th February 2017 Commons Chamber

[The Prime Minister]

What I set out in the Lancaster House speech were my 12 objectives for the negotiations. Within that was a new free trade agreement with the European Union and a belief that we have every opportunity and every possibility of getting the arrangement that we want for the future strength of the UK economy. What I also said very clearly was that we would not be wanting to sign up to a bad deal for the UK. I think the UK public want to hear from their Prime Minister that we are not willing to sign up to a bad deal, and will make every effort and expect to get the best deal possible for the United Kingdom.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

rose—

--- Later in debate ---

[Tom Tugendhat]

Thank you, Mr Speaker.

Would my right hon. Friend confirm that the UK is absolutely at the heart of Europe in defence terms? Did she get agreement from partners at the European Council that our alliance with countries such as Denmark and Estonia very much demonstrates that we are far more influential in some of the other areas of European policy than is often recognised?

[The Prime Minister]

My hon. Friend makes a very important point. Of course, the role that the UK plays in the defence of Europe as a whole is recognised widely across Europe, and I have been very clear that we want to continue to co-operate on matters such as defence with our European allies once we have left the EU.

Investigatory Powers Bill

Debate between Tom Tugendhat and Baroness May of Maidenhead

Tuesday 15th March 2016 Commons Chamber

[Mrs May]

I thank my hon. Friend for his comments. It is important that we have the balance right. Many people have said, “Just have judicial authorisation”, and some people still believe that the authorisation should be made by the Secretary of State. By having both, we do not lose democratic accountability, but we add the independent judicial authorisation.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Will the Home Secretary give way?

Serious and Organised Crime: Prüm Convention

Debate between Tom Tugendhat and Baroness May of Maidenhead

Tuesday 8th December 2015 Commons Chamber

[Mrs May]

No. I have to explain to my hon. Friend that we are able to determine the database, and that how we hold that database and the information that is held on it are matters for national decision. Articles 2(1) and (3) of the principal Prüm decision say that we need to inform the general secretariat about which profiles will be made available for searching under Prüm, while article 5 makes it clear that the follow-up process to a hit is subject to national law, not EU law.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

My right hon. Friend is making a very persuasive case. I ask for a moment of clarity regarding the expansion of judicial engagement into areas that have formerly been for the court of Parliament, which has been a form of mission creep that can be seen in various areas. Will my right hon. Friend make very clear the precise remit of the UK courts on this matter, so that when it comes to a judicial review—as I am sure, sadly, it will—or a trial in front of the Supreme Court, it will be able to look back at the words my right hon. Friend has spoken from the Dispatch Box today. It would then be able to see the will of Parliament in the decision and not the interpretation that is chosen at that particular moment.

[Mrs May]

I am happy to confirm that I am willing to comment on the application of the jurisdiction of the European Court of Justice and how it affects our position. As for the legislation that we are bringing forward, if my hon. Friend looks at the command paper, he will see that we are making clear those areas where national laws apply. As I tried to explain earlier, the Prüm decisions are all about the exchange of data, not the manner in which the data are held here in the UK. Article 72 of the treaties makes it clear that how we deal with DNA for our own security is a matter for member states, not for European jurisdiction. As a further safeguard, we will ensure that if a person was a minor when the DNA or fingerprints were taken, demographic details could be released only if a formal judicial request for assistance were made.

Finally, I referred earlier to an oversight board and I will establish an independent oversight board to ensure that Prüm operates in a just and effective manner. Both the biometrics and information commissioners will have seats on that board, and so will the Scottish Police Authority and the other bodies from Scotland and Northern Ireland that I have mentioned.

It was on account of all those clear and stringent safeguards that the National DNA Ethics board felt that it could write to me in support of our decision to recommend participating in this system. I therefore hope that those who I accept have principled civil liberties concerns will listen to its views.

Costs are associated with implementing this capability. When the Labour Government initially signed us up to Prüm, they estimated that it would cost about £31 million —about £49 million in today’s prices. That was without providing any safeguards and without ensuring that Scotland and Northern Ireland would benefit fully and be fully involved. I have looked at this very carefully and am pleased to tell the House that at the same time as ensuring that the operational benefits are nationwide and that UK citizens get the protections they deserve, the Government will need to spend only £13 million. The money spent implementing Prüm will be recouped many times over in savings that the police will make through using it.

Hon. Members will have read about Zdenko Turtak, who earlier this year attacked and raped a woman, leaving her for dead in Beeston. In investigating this crime, the West Yorkshire police had only the victim’s statement and the attacker’s DNA on which to proceed. Suspecting that the assailant might have not been British, they submitted forms to Interpol and had the DNA profile searched against profiles held in other European countries. It took over two and a half months for a match finally to be reported by Slovakia. During that time, the police pursued over 1,400 separate lines of inquiry at a cost of £250,000. If the United Kingdom and Slovakia had been connected through the Prüm system, that initial hit, instead of taking two and a half months, would have taken 15 minutes. Just think of the time and money that that would have saved the police, not to mention the benefit to the victim of knowing that her attacker would be brought to justice.