EU: Justice and Home Affairs

Baroness Falkner of Margravine Excerpts

Wednesday 22nd June 2011 Grand Committee

[Baroness Falkner of Margravine]

My Lords, I welcome the opportunity to debate the report. I note that it was published in January 2011 and wonder why it has taken so long, since it covers the period until November 2010, for it to be considered in Grand Committee. Some six months have elapsed.

I noticed that there were significant opt-ins that did not attract the parliamentary scrutiny that might have been desirable. I refer to two that are mentioned in the report: the EU/US terrorism finance tracking programme and the draft proposal for the European investigation order. I am also aware of the Attorney-General’s concern, which I think he articulated in a speech to the Institute of European and International Affairs on 13 June. He is concerned about the brevity of the three-month period in which we sometimes need to take these decisions and the operation of the Recess, particularly the long Summer Recess, should these decisions need to be taken around periods in which parliamentary scrutiny becomes more difficult. Apropos the operation of Article 19 of the protocol to the Treaty on the Functioning of the European Union, have we sought to opt out but failed to do so due to the timing of these proposals?

The report is clearly designed for a deeply expert audience. As someone who is not quite as well initiated as other noble Lords, as well as keeping in mind the interests of transparency and to improve scrutiny I suggest keeping in mind the criteria that the Minister herself has touched upon today but that were also articulated clearly in the Attorney-General’s speech of only a few days ago when he said that the Government believe that their justice and home affairs policy is,

“pragmatic, measured and proportionate, having proper regard to Britain's wider interests. We want to ensure that we participate in measures that are in the best interest of our businesses and citizens and that our decisions are informed by the views of Parliament and on rigorous assessments of each measure against a set of criteria. These criteria include: potential impact on the integrity of the UK's justice systems; national security; effects on civil liberties and rights; and the potential regulatory impact of the measure and wider impacts”.

Keeping in mind those four criteria identified by the Attorney-General, as well as page 5 of the report, on which we discuss forthcoming dossiers over the next 12 months, and the report on proposals looking back, perhaps we can consider whether in future reports we might have a narrative explanation alongside each decision that was taken, set against the criteria so that we can see how, given the Government’s declared criteria, those decisions were taken. A narrative explaining what the decisions encompassed would obviously need to be considered if that rather expanded narrative form were taken on board.

Finally, the noble Baroness mentioned the code of practice, and I understand that various government departments are working on this code, which will improve the effective scrutiny of opt-in decisions. I wonder whether she could tell the Grand Committee when she expects this code to be approved and to be ready for implementation.