EU: Justice and Home Affairs

Baroness Corston Excerpts

Wednesday 3rd July 2013 Grand Committee

[Baroness Corston]

My Lords, it is a pleasure to follow the Minister. I welcome this third report on the application of the arrangements concerning the United Kingdom’s participation in European Union legislation in the field of justice and home affairs, the so-called opt-in arrangements. I am pleased that the report fulfils the present Government’s commitment in the interests of transparency and accountability introduced by the noble Baroness, Lady Ashton of Upholland, in the previous Government. As the Minister has acknowledged, it was something of a pity that it was published late, and I am sure that we all accept his apologies. I understand that there were difficulties this year in finalising the annexe, but that is likely to be a recurring problem for which the departments must plan ahead. My committee hopes very much that next year’s report will be published early in 2014.

As a member of and now the chair of the European Union’s Sub-committee on Justice, Institutions and Consumer Protection, I have followed closely the Government’s approach to European Union proposals. The sub-committee has scrutinised a range of proposals in the justice field since the UK’s opt-in arrangements have applied to the area of justice and home affairs, and I think that the Government’s case-by-case approach is the right one. In the civil justice area, like the Government, we have been cautious and particularly mindful of the principle of subsidiarity because of the potential effects of the proposed measures on UK legal systems, particularly on our law of property and the implications for the laws of inheritance in other jurisdictions. For example, we recommended that the UK should not opt in to a proposal which would lay down common rules on the choice of national court and law to apply where a deceased person had property in more than one member state.

We have also been unable to support, at any rate in its current form, the proposal for a common European sales law, despite its laudable objective of improving the operation of the single market. This would introduce an additional, albeit optional, law of contract for consumer transactions. Our concern is that its potential to introduce legal uncertainty and confusion among consumers would outweigh the expected benefits. We have suggested that the Commission would be wise to adopt generally, in the civil justice area, a cautious step-by-step approach.

In the field of criminal justice, the EU has taken that kind of approach, implementing two so-called road maps which set out specific measures agreed by the Council of Ministers. We have recommended that the Government should opt in to all these measures apart from one on the right of access to a lawyer in criminal proceedings. We agree that the right of a suspect or defendant to legal advice is a vital part of the legal process, but we consider that the original proposal did not strike the right balance between the rights of suspects and defendants on the one hand and the ability of law enforcement authorities to investigate and prosecute offences on the other. For the future, we have suggested that before the EU embarks on further measures in the criminal justice field, it first completes the road maps and then leaves time for a proper evaluation of the effects of the legislation. Any exceptions should require particularly strong justification.

Relatively few proposals subject to the opt-in fell within the remit of my sub-committee during the period covered by the report we are discussing. On the whole, the committee agreed with the Government’s approach to the proposals that have come before us. The single exception this year concerns the justice programme, where we differed on whether it offered good value for money.

Finally, I, too, welcome the code of practice for the guidance of government departments on handling proposals which are subject to the opt-in procedure, which should ensure that the scrutiny committees can undertake their work within the strict time limits imposed by the treaties because committees deserve and need the time properly to fulfil that obligation.