EU Criminal Policy

Debate between Charlie Elphicke and Stephen Phillips

Wednesday 25th January 2012 Commons Chamber

[Charlie Elphicke]

The European Union is doing this anyway. The central issue is whether we opt in. This is really a shadow debate for the whole issue about opting in. The letter sent by the Home Secretary to some colleagues on 21 December 2011 talks about the whole issue of the opt-ins. There are 133 directives, regulations and so on where opting in could take place.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

My hon. Friend refers to the central issue. Is not the central issue that raised by my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox)? If we are going to criminalise people in this country, or indeed in any other member state in the EU, by law, then those who have passed those laws need to be accountable to the citizens to whom they apply, and that is not the case in relation to the European Commission or the other EU institutions, which are not accountable, in any real sense at all, to the people of this country.

[Charlie Elphicke]

I completely agree with my hon. and learned Friend, and that is my central point too. It is not for the European Union to start defining crimes; it is for individual nation states to do so.

There are areas where we should consider opting in. For example, I intervened on the Minister and talked about the issue of drugs. Let us look at the measures in the list provided by the Home Secretary. On one side, it talks about co-operation between customs authorities and business organisations on combating drug trafficking. Good. That is what we should have—cross-border co-operation. As the representative of Dover, I know that that is really important and makes a difference. Another 1996 justice and home affairs measure that was proposed, concerns

“the exchange of information on the chemical profiling of drugs to facilitate improved cooperation between Member States in combating illicit drug trafficking.”

Good. Yes, we should do that.

However, the dividing line for me is the 1996 JHA measure No. 750, which concerns

“the approximation of the laws and practices of the Member States of the European Union to combat drug addiction and to prevent and combat illegal drug trafficking.”

When one considers the approximation of laws and the issue of codification and requiring member states to treat everything the same way, one is rapidly moving into the area of a common criminal law—Eurojust, the European arrest warrant, the Euro-investigator, Europol and Euro-crimes. If we are to take that route, my point is simply that we should engage the country as a whole and have a proper, open discussion about what is going on, not try to spin it.

There are some cases where a common criminal law may be appropriate, particularly in the cross-border context; in others, we might conclude that it is not the right way to proceed. But to draw up a cynical list of everything that everyone would agree are the most heinous crimes known to mankind, in order to get the principle and then to extend it later, is something that we have seen with the European Union time and again. It is the fundamentally wrong thing to do, and it would be the wrong thing for us to do in terms of the opt-in or opt-out debate. I believe that when we have that opt-in/opt-out debate over the next two years, we should ensure that we include the country as a whole and have a proper, national discussion.

Public Bodies Bill [Lords] (Programme) (No. 2)

Debate between Charlie Elphicke and Stephen Phillips

Tuesday 25th October 2011 Commons Chamber

[Charlie Elphicke]

I thank the hon. Gentleman for that helpful intervention. As so often happens, he sparkles in the Chamber and puts across his fabulous point of view in trying to give me problems with my own party. Had there been time, I would have explained to him that, just as Rome was not built in a day, so the port of Dover was not sold—[Hon. Members: “Sold?”] I mean that it was not saved in a day. Work in progress takes a long time, and it is not always easy to get straight into the harbour to safeguard oneself from the storm. I am confident, however, that the ship is heading in the right direction—

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

The ship of state.

[Charlie Elphicke]

Indeed, the ship of state is moving in the right direction, and I am confident that a safe harbour and place of safety will be found, and that the people of Dover will find great contentment with the end result. I am grateful to have had the time to make those few points, and to make the case for my constituency.

European Union Bill

Debate between Charlie Elphicke and Stephen Phillips

Tuesday 8th March 2011 Commons Chamber

[Charlie Elphicke]

They could all have been achieved by nation states. Obviously we welcome the ability to do some things on a wider and more agreed basis, but we do not want the spider’s web of intrusion into our national lives and the lives of member states that we have seen in the European Union. That is why many Members object to it and say, “We don’t trust anything that happens there.” Every time there is a treaty negotiation the spider’s web creeps further out, more of our money is sucked in, and more of our national vitality is taken away from us and planted in Brussels.

I am merely recording the sentiments that, in my view, underlie the new clause. It is felt that we have been shut out of the process, and that we do not have a say. For the last 20 or 30 years, the Governments of all the member states in Europe have been saying that they have secured great deals in Europe, but the general public in countries throughout the European Union have a sense that they have, to some extent, been sold down the river.

The new clause is underpinned by questions such as, “What are the amendments that you are moving? What are the discussions that you are having? What really happened behind those closed doors?” I understand that view, but although I share the deep concern that has been expressed about our involvement, and future involvement, in the European Union, I am not sure that the new clause represents the right way in which to deal with it. There is a balance to be achieved, given the inevitable tension between transparency and the need for negotiations. I am a massive fan of transparency, because I want to know how the European Union spends our money, and I want government that is accountable to our people. Dare I say it, I want government of the people, by the people, for the people. On the other hand, we must take part in negotiations, and we must ensure that our negotiating position does not blow up in our faces.

Many examples can be given. The Cabinet meets in secret, and we do not learn what happened until some years later; the NATO councils and some of the United Nations councils meet in secret as well. Traditionally, relations between member states tend not to be published on a case-by-case basis. I have listened with interest to the argument being put that the Council of Ministers is not an executive organisation but a legislature. That is a technical, semantic argument about what is really a negotiation between Governments of member states—it is an intergovernmental negotiation.

I have grave misgivings about giving away our negotiating position and telling other nations, which we want to squeeze for a better deal, where our top and bottom lines are in that negotiation process. I make that point because I must tell the House, with regret, that I used to be a law firm partner—I was a poacher before I turned gamekeeper—and in that time I would negotiate for my clients against the lawyer on the other side of the table who was representing their client. I did not want to tell them what I was going to concede; I did not want them to have an idea of what I and my client might, and might not, give away in future negotiations. I did not want to reveal where the lines of debate were or when I would say, “No further,” because if I had I would not have got the best deal. Just as in those times I wanted to get the best deal for my clients, in these times I want to get the best deal for my clients, who are now the people of Dover, and the nation as a whole.

[Stephen Phillips]

Actually, my hon. Friend is a gamekeeper turned poacher. He is making a compelling argument about not giving away our negotiating position to other EU member states. The difficulty here, however, is to do with the use of the word “relevant” in the new clause. Does that mean that under this clause we would disclose information that would not already have been known to other nation states? In that case I can see the point of his argument. However, if it means something different, it may not have that effect. Does he have any grip on what the word “relevant” means here, and does this problem not underline why the new clause should not be added to the Bill?

[Charlie Elphicke]

I completely agree, and I was about to turn to that argument.

The new clause is important in prompting a debate that should be had—and might previously have been had—about the relationship between this House and the Executive in respect of our negotiations in Europe. [Interruption.] The hon. Member for Birmingham, Edgbaston (Ms Stuart) nods from a sedentary position. This is a very important point, which goes to the heart of things, and it is why I asked about the situation in Denmark. I did so not in order to trip her up but because I was genuinely interested and knew that, as she is an expert on European matters, including the Council of Ministers, she would have experience to share on that subject.

The phrase “relevant documentation” in the new clause is not, of course, defined; it could mean anything or nothing. That is a technical deficiency, therefore. I also think that there is a technical deficiency in the phrase, “amendments sponsored”. I asked the former Europe Minister, the right hon. Member for Rotherham (Mr MacShane), how amendments are dealt with in Europe: is an amendment tabled and moved, or is there a nice bit of Euro chit-chat and then everyone comes to an agreement at the end? The hon. Member for Birmingham, Edgbaston can correct me if I am wrong, but my impression is that it is a bit of a mishmash of everything, and out of the sausage machine of discussion comes a new piece of Euro-legislation, freshly approved with the mark of Europe stamped on it.