Chris Bryant
Main Page: Chris Bryant (Labour - Rhondda and Ogmore)Department Debates - View all Chris Bryant's debates with the Home Office
(11 years, 5 months ago)
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Mr Redwood
My maths tells me that there are far fewer countries in the European Union than in the rest of the world, and we manage to have pretty good arrangements with the rest of the world. I have every confidence in the ability of the current and future Home Secretaries to restore our bilateral arrangements with the other 27 members of the European Union just as surely as we have bilateral arrangements with most of the other 200 countries in the world. The hon. Gentleman will remember that there was a time before this country was in the European Union, and certainly before we were in this current set of criminal justice arrangements, when we had perfectly good working relationships. I am sure that he and I would have liked them to be improved—one can always improve and make progress—but he should not be so defeatist about the ability of our Ministers and civil servants to defend Britain’s interests and come up with a good answer.
Chris Bryant (Rhondda) (Lab)
The right hon. Gentleman suggests that it would be perfectly fine to abandon the European arrest warrant and rely on bilateral arrangements because we have such wonderful arrangements with so many other countries in the world. The Russian Federation, for instance, is covered by the previous version of the EAW, the European convention on extradition, but we have not managed to get Mr Lugovoy back, have we?
Mr Redwood
To find a country where there is a problem does not disprove my case. My case is that if there is good will—[Interruption.] The hon. Member for Rhondda (Chris Bryant) seems about to allege that all members of the European Union cannot be trusted and that we can do a deal only with the Commission. I have more faith in France and Germany than he does. I think that it would be in France’s and Germany’s interests, should Britain opt out of the European arrest warrant, to put in place really good arrangements, because they will want them to operate for them in Britain just as surely as Britain needs the arrangements to operate in France and Germany. As someone who does not like centralised European government arrangements, I find that I am often warm-hearted towards, and supportive of, the French and Germans and believe that we can make very good arrangements with them because it is in our mutual interests to do so. It is the rapid pro-Europeans who so dislike our French and German partners that they say that it all has to be bound up in central European government because we cannot trust France and Germany to come to a sensible arrangement with us over these important matters.
What is it about our country that these people do not like? What is it about our national democracy that they wish to tear down? A previous Government negotiated in good faith the third pillar arrangements for criminal justice. The idea of the third pillar was that, yes, we wanted enhanced co-operation and collaboration with our nearest neighbours, and of course I accept that there are more likely to be issues with France, Belgium and Holland, because they are very close, than with countries in Asia, so there is a reason for enhanced collaboration. We worked out a system in which we could have better procedures, enhanced collaboration and more co-operation, based on the mutual agreement of the states involved, not based on an independent united states of Europe Government, which is emerging as a result of this and other exercises but not from an independent court where there is no democratic accountability to the British people.
In recent months, we have had case after case from the European Court of Human Rights that this country and the British people have deeply disliked. There is very little we can do about that. If we give further enhanced powers to the European Court of Justice, we will have another series of such decisions from the European Court of Justice that we do not like. All major political parties will have to go to the electorate, shrug their shoulders and say, “We can do nothing about it. We still expect our salaries and to sit in the Parliament of the United Kingdom, but don’t expect us to revise this. We no longer run the criminal law and can no longer change the law in the way you want or expect. That is now settled in Brussels. Even your MEPs probably won’t be able to sort it out because the European Court of Justice is supreme above all elected officials and can provide the motor for making decisions on these crucial matters.”
The case before us today is very simple. Those who vote for opt-ins vote for European centralised justice and for the uncertainty of the European Court of Justice, which will in due course make decisions that the British people and their elected representatives cannot tolerate. Those who vote for opt-ins vote because they do not like this country’s democracy and they vote themselves out of a job.
Those of us who vote for the opt-out, and nothing but the opt-out, vote for the reverse. We vote for the House to take the responsibility. We vote to trust successive Home Secretaries. We vote to trust the judgment of the British people to judge their Governments and Home Secretaries, elect those who do a good job and throw out of office those who do a bad job. That is a true democratic system.
I do not want to live in a country where criminal justice has been transferred to independent experts abroad whom we cannot sack or influence. I do not want to go to my electors and say, “As a result of the vote we have had tonight and what happened subsequently, another major power of this country’s democracy has been seceded to the European Union in perpetuity in such a way that we can never get it back.”
It is a simple issue. I urge the House to vote for the opt-outs and against the opt-ins.
Mr Cash
Indeed, and I personally take that view, which lies at the heart of the matter that I raised with the right hon. Member for Leicester East. The expression “judicial authority” leaves a great deal to be desired and has given rise to a lot of problems not only in this country but elsewhere throughout Europe. It is not just a question of whether we adjust our domestic law in certain respects, but of whether the European arrest warrant can properly fulfil the judicial role allocated to it. As I said earlier, other matters such as dual criminality must also be considered. Many questions looked at in 2001 were, as the shadow Home Secretary knows, considered by the European Scrutiny Committee, although she was not over-anxious to go into the detail. No doubt she will when she has an opportunity to come back into the Chamber, and she is very welcome to do that later on.
As the right hon. Member for Leicester East said, the original motion was withdrawn but it did not mention the role in this process of the European Scrutiny, Home Affairs and Justice Committees, despite repeated promises that those Committees would be consulted. There were also undertakings that we would be given explanatory memorandums on measures covered by the opt-out by the middle of February. In my view, and that of my Committee as a whole, the Government’s failure to provide explanatory memorandums in line with their timetable has been the major factor impeding Select Committee consideration of the block opt-out.
The history of those various exchanges and undertakings is set out in our report, “The 2014 block opt-out—engaging with Parliament”—that has been seriously lacking—which is tagged in this debate along with the Government’s response.
In my view, the way the European Scrutiny Committee and the other Committees have jointly sought information from the Government is an excellent example of the various elements of the scrutiny process working together in a consistent and co-ordinated manner. In that context, the fact that the Government’s revised motion does not provide for a scrutiny stage to be concluded by the end of October is to be welcomed. The amendment to the revised motion, which we have tabled jointly, centres on the scrutiny process and aims to ensure that the Select Committees can undertake meaningful scrutiny of the Government’s proposals. I hope that the Government will listen to that.
As Chairs of these Committees, we are concerned that the inclusion of the words
“on the set of measures in Command Paper 8671”
is likely, implicitly or explicitly, to endorse the Government’s list of 35. The amendment would simply leave out these words, so as to avoid a prejudgment of the Committee’s conclusions. That was the substance of the point made by the right hon. Member for Leicester East.
Chris Bryant
Does that mean the Government would have to come back to the House with a proper debate on the precise list of opt-in measures, rather than the impenetrable document they have provided, and make a coherent argument?
Mr Cash
The Command Paper sets out, very late in the day, various lists, proposals, explanatory memorandums and the rest of it, effectively bouncing the Committees and shunting straight past the scrutiny process, in defiance of the promises and undertakings given months ago. The Chairs are deeply concerned about this attempt to push the scrutiny process to one side. The European Scrutiny Committee, which I Chair, has a specific job to do under Standing Orders that cannot be brushed aside by the Government or anybody else. Those are the Standing Orders of the House. The other two Committees will want to look at policy questions, but we consider proposals more on a document-by-document basis, and there are 130-odd of them, so the matter has to be dealt with within the framework of Standing Orders.
I look to the Justice Secretary, who is sitting on the Front Bench, knowing in my heart that he wants to ensure that the scrutiny process works effectively, and I invite him, in consultation with the Home Secretary, to accept our amendment and put in place that proper scrutiny process. There is no great hurry. What puzzles many Members is why an attempt has been made to bounce the House, as it were; we are puzzled about why this had to be rushed, and we have had no explanation. We simply do not understand the reasons. We do not see why there has to be a vote either. Many people think there should not be one.
In January, the European Scrutiny Committee requested that the relevant Committees should have sight of the Government’s impact assessments on the various measures under consideration. Will the Home Secretary and the Justice Secretary supply us with this information as soon as possible? It is all part of the scrutiny process. If the Government really want transparent and democratic systems that work in the interests of those whom we have the honour to represent, it is essential that we do this properly.
Mr Cash
This is driven not by hostility, but by basic common sense: it helps the democratic process and the working between the Government and the Select Committee system, whose role has been enhanced recently, to work with the grain. That is the point: this has been working against the grain. I know that my right hon. Friends the Justice Secretary and the Home Secretary, not to mention the Prime Minister, are conscious of these questions. If mistakes were made in trying to rush and not give scrutiny the opportunities that are needed in the interests of those whom we serve, it is essential to get this right. I urge them strongly to accept the amendment in the name of the Chairmen of those Committees, and on which the Chairmen of other Committees have expressed an interest too.
The Opposition’s amendment is a rather curious state of affairs, something to which I referred when I intervened on the shadow Home Secretary. I simply put it on the record like this: the full sequence would be that the United Kingdom would have to notify its block opt-out decision six months before it could notify which measures it would seek to opt back into. The specific order is clearly set out—I was not trying to bounce the right hon. Lady—in article 10 of protocol 36, and has been confirmed by the Commission in response to a question from the European Parliament. We know what the sequence should be, so it would not be possible for the Government to notify the European institutions of their intention to exercise the block opt-out once, to use the wording of the amendment, those institutions
“have committed to the UK’s ongoing participation”
in the measures concerned. There is something wrong with the wording of the Opposition’s amendment, because it does not fit with article 10 of protocol 36. Anyone can make a pedantic point, but this goes to the heart of article 10 of protocol 36.
Chris Bryant
But article 10 of protocol 36 also says that the Commission will, wherever possible, seek to ensure that there is a maximum degree of participation by the United Kingdom in any measures it wants to opt into. The difficulty arises in that sometimes the precise package of measures may not be a package of measures that works as far as the Commission is concerned— the point Commissioner Reding has already made to the Justice Secretary in private conversation.
Mr Cash
I do not know about these private conversations, and I do not know whether Prism has been at work to enable the hon. Gentleman to know what they consisted of. [Interruption.] Oh, he told you. Well, be that as it may, the fact is that article 10 of protocol 36 is clear, and has been confirmed by the Commission as such in a response to a question in the European Parliament. I will leave it at that, but it would be strange for us—I am talking about the House as a whole—to end up voting for an amendment tabled by the official Opposition, with all the expertise at their disposal, that was inherently wrong.
Chris Bryant
On a point of order, Madam Deputy Speaker. As I understand it, the Justice Secretary just nodded to the assertion made by the hon. Gentleman. I think he was assenting to the Government’s acceptance of the amendment tabled in the name of the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith). If so, I would have thought it would be in order for the Justice Secretary to make that view known for the whole House.
Madam Deputy Speaker
Sir Alan, you were just fractionally ahead of me. I seem to recollect that Mr Speaker said that the amendments would be formally moved at the end of the debate. Perhaps this is an indication that we should have the Government opening and closing a debate before we actually have that debate, so that we know where we stand. Mr Bryant, thank you very much for your point of order—
Madam Deputy Speaker
For a change, but perhaps we could return to Bill Cash.
Dr Huppert
The hon. Gentleman is certainly making a point, but I am not sure that it is entirely the point. Justice systems all around the world make errors. The British justice system has convicted people, only for those convictions to be overturned on appeal. I do not claim that justice is perfect, but I do claim that an obsession with European issues weakens our focus on policing and crime, which are what we should be focusing on. I do not know the circumstances of the case the hon. Gentleman mentions, and it is entirely possible errors were made, but that does not mean we should not work with Europe or continue with the justice and home affairs co-operation we currently have.
Chris Bryant
I just wish to point out to the hon. Member for Stone (Mr Cash) that when Russia tried to extradite a man from the UK for supposedly murdering a Russian Orthodox priest, the said Russian Orthodox priest gave evidence in the case in London, thereby proving he had not been murdered.
Dr Huppert
I would be delighted to pass that on, and I am sure the two hon. Gentlemen could have a separate conversation about the matter. There are a wealth of individual cases, some of which I looked at when I was on the Joint Committee on Human Rights, but the obsession with Europe that runs through the Conservative party—or, to rephrase that, through many elements of the Conservative party—is deeply alarming. I am pleased we have managed to get sensible comments from Conservative Ministers on the Front Bench about our need to work with Europe. As crime becomes more international and people can travel more, it is important that we are able to share information.
If we were to ask the public whether they want criminals brought back here to face justice, I do not think many of them—other than the hon. Member for Stone (Mr Cash)—would immediately start talking about the powers of the ECJ. I simply do not believe that is the main issue.
We are not where we should be yet, however. We have this very odd, very convoluted, very complex process, and many of us think it would be much simpler if it had not been negotiated in the form that it was, with the very complex opt-out followed by an opt-in process. I do not think any Member would say that was the best way to proceed. It may or may not have been the best that could be achieved—I do not know the details—but it is certainly very complex, and I and my colleagues will be very happy to work with the Home Secretary and to keep the pressure on her to make sure the negotiations to opt back in are successful. That will be a complex and difficult task, however.
That is why it is also very important to make sure that nothing goes wrong. We do not want to end up accidentally not being able to get back into things we need to be in; for example, we do not want to end up having to be out of Europol for a brief period, which would mean that Europol director, Rob Wainwright—a Brit—could not continue in his role.
The Lords European Union Committee has conducted detailed scrutiny of this and has produced a detailed report. In April it concluded that it was not convinced a compelling case had been made to opt out. I have to say I agree with it. I think it would be far easier, far cleaner and far simpler not to exercise the opt-out at all. I would love to know how much is being spent in time, in effort and in getting a huge number of civil servants and lawyers to go through the details of all of this, and what the overall benefits would be.
It is absolutely true that, as many Members have said, some of the items under discussion are outdated or irrelevant, and that they simply do not matter. We should weigh that against the massive cost and the time that would be taken in this House and elsewhere in going through them all and making a decision.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
I rise on behalf of the Liaison Committee and the Justice Committee, both of which I chair, to speak to amendment (b), which I can do very much more briefly now that the Justice Secretary has indicated that it will be accepted, although I need to explain why we tabled it. It takes something, as the right hon. Member for Leicester East (Keith Vaz) said, to bring together on matters European the right hon. Gentleman and myself, whose views are not so different on these issues, and the hon. Member for Stone (Mr Cash). That arose from the way in which the Government have gone about this process, which is not the way that they said they would go about it. However, in two moves—in a two-step—over the past five days, the Government have sought to respond to our concerns, and I very much welcome that.
The original change that was made last week was specifically to endorse the role of Select Committees in considering the Government’s proposals as to which measures we should opt back into. The reason that we were not happy with the wording which then emerged, which was a considerable improvement on the Government’s first motion, was that it appeared to us that the words would restrict the Committees’ ability to argue for the inclusion of measures not on the list or the exclusion of measures that were on the list. Our understanding had been that specific confirmation of the list was a matter for the second debate and vote, after the Committees had considered the issues raised by the Government’s statement of what they were minded to do on the various opt-in possibilities.
Chris Bryant
As I understand it, in that meeting the Home Secretary asserted that it was absolutely essential—legally necessary—that there be a vote today to allow the opt-out to happen. Does the right hon. Gentleman understand that really to be the case?
Sir Alan Beith
There has been argument about that from two Members who devote a great deal of time to the issue and I am reluctant to become the arbiter of this argument. All we sought to secure in our capacity as Committee Chairs was that the Committees’ ability to do the job was not inhibited and could not be restricted by someone pointing to the wording and saying, “You can’t discuss that possibility. It’s outwith your reach.” What the Government had made clear all along and made clear again to me in a telephone call last week while I was away with the Justice Committee was that there is to be a second-stage process as originally envisaged, and at that stage there will be confirmation of what is at present clear Government policy as to what the list is, following consideration of the representations and views that may be put forward by any of the relevant Committees.
I do not believe that in seeking to meet the Committees’ wishes and excluding those words, the Government are seeking to change their policy. They are simply making it clear that the procedure is an open one in which Committees can put forward their representations, whether they support the list or seek variations in it.
Sir Alan Beith
We have an end of consideration date at the end of October, which is clear in the motion and emerged from discussions between Committee Chairs and the Government. It was not our ideal timetable, which would have started back in February, but that is where we are now.
What we have to consider now is how best the Select Committees can do their job in drawing the attention of the House and the Government to any concerns they might have about opt-ins that are on the list and opt-outs—or not-opt-ins, if that is the right phrase—that they might wish to consider. It is for the Committees, as Ministers have confirmed, to decide how they will go about this task, but a timetable has been set.
There is still more information which can usefully be given to Committees in the form of a more detailed impact assessment than is contained, for example, in the Command Paper. We are entitled to continue to seek that, and if we do not get it, awkward questions will be asked of Ministers when they come before the Committee, in order to elicit the information that we need. Our purpose, which will be fulfilled by the exclusion of these words, was to give the Committees of the House the scope to which they are entitled, which the Government from the beginning said they would have, in order to consider these matters before the final decision is made.
Chris Bryant
May I ask the Select Committee Chairman a question about how the three Committees will divvy up responsibilities? The Government have submitted not one memorandum but five—three from one Minister and one from each of the others. There might be confusion for the House if there were three reports that did not coincide.
Sir Alan Beith
Committees are well accustomed to dealing with overlap of responsibility. The Liaison Committee is also well accustomed to assisting in sorting out any problems that overlap may generate. There are issues that fall within Home Affairs which are of interest to the Justice Committee, such as Eurojust. We will find ways of dealing with that, even in a compressed time scale. I welcome the Government’s acceptance that in the letter as well as the spirit they should recognise that Select Committees of this House have a right and a duty to advise the House on the basis of open consideration without undue restriction.
Mr Clappison
My hon. Friend is absolutely right. He will reflect, as I do, on the position taken by the Government in light of that fact. However, the European Court of Justice will have authority over this country in the case of the measures under discussion. Its decisions will be final and beyond appeal, and we will have to abide by them if they go against us. We are voluntarily subjecting ourselves to that jurisdiction.
Those who want us to be part of the European area of freedom, security and justice should be under no illusions as to the extent of the European Union’s ambition to take away sovereignty from this Parliament in that field. That is, after all, one of the specific objectives spelled out in the EU treaty:
“The Union shall offer its citizens an area of freedom, security and justice without internal frontiers”.
There are those who say that instead of signing up to the EU area of freedom, security and justice, we can pick and choose which individual measures we should adhere to and suggest that they stand on their own merits rather than being part of the EU system as a whole. In a way, that is choosing to dine à la carte from the EU menu. However, the problem with dining à la carte is that if someone keeps on doing it, they end up trying everything on the menu.
Mr Clappison
Yes, and it has other consequences for the waistline, although I will not go into that now.
History teaches us that every concession made to the EU—every measure opted into, every pillar knocked down and every red line crossed—leads to a demand for more concessions; they are put into the pocket and the EU asks for more and makes more demands. That has been the case going back to the treaty of Maastricht, the constitutional treaty of the European Union and the treaty of Lisbon.
My hon. Friend the Member for Rochester and Strood (Mark Reckless) asked why the previous Government negotiated the block opt-out from the treaty of Lisbon at all. That was a good question; the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) was so strongly in support of all the measures, particularly the European arrest warrant, that one wonders why the possibility of opting out was ever raised.
The real answer to my hon. Friend’s question is not the one that the right hon. Lady gave. I think it is that the then Labour Government said that the fact that the UK was not part of the area of freedom, security and justice was the key difference between the defunct constitutional treaty and the treaty of Lisbon. They said that a referendum was not required so that Labour could withdraw its promise to hold a referendum, which it did virtually overnight. A referendum that had been promised to the British people was then withdrawn. [Interruption.] The hon. Member for Rhondda (Chris Bryant) looks curious, but that is a fair answer to the question about why the previous Labour Government negotiated the block opt-out at all. They certainly did not have the eventual decision in mind.
I well remember the then Foreign Secretary, David Miliband, appearing before the European Scrutiny Committee. When asked what he thought would happen when it came to the decision on the block opt-out, he said, “Who knows?” That was the background. The decision was taken to help get the Labour party out of its commitment to a referendum, and that shows how easily a promise for a referendum can be withdrawn.
I am pleased that the coalition Government have made their commitment to a referendum and that a private Member’s Bill is passing through the House that I hope will put that commitment into legislation. That is where the decision finally needs to be taken—by the British people. They need a decision on the extent to which they wish to be part of the European project.
In this context, let nobody be under any illusions. This is not about picking and choosing and dining à la carte; it is not a simple question of co-operation here and there and what would be in the interests of fighting crime. It is about whether we are prepared to concede decision making on our criminal law, on the jurisdiction of our courts and on the work that is being done by our Home Office. It is about whether we are prepared progressively to abdicate from that and surrender sovereignty to the European Union so that jurisdiction and sovereignty are exercised by European Union institutions. I believe that the answer to that must come in a referendum.
Michael Ellis
I hear what my hon. Friend says, but does he agree that the changes envisaged to the European arrest warrant as enunciated by the Home Secretary a few days ago make it a very different kettle of fish?
Michael Ellis
I see the Labour Benches are as full as I would expect them to be, which says something about the interest of the Opposition in this matter. Does my hon. Friend agree that the European arrest warrant will be something completely different because its charging decisions will be made beforehand, and that proportionality is another factor that must be carefully considered?
Mr Buckland
I certainly was not charging by the word; it was a graduated fee system, but that is for another debate. I do not think my hon. Friend should be criticised for repeating the point.
Jacob Rees-Mogg
I am grateful to my hon. Friend for reminding me of the activities of my late noble kinsman, who did indeed bring an action on the Maastricht treaty, supported by the late kinsman of my hon. Friend the Member for Richmond Park (Zac Goldsmith), who was the backer of that great venture. It may be that we can fight on where our fathers once fought, with the continuing help of my hon. Friend, the seemingly immortal hon. Member for Stone.
Chris Bryant
I have just been cogitating on the hon. Gentleman’s earlier reference to Horatius Cocles. If I remember correctly, Tacitus admits that Rome was surrendered despite the efforts of Mr Cocles.
Jacob Rees-Mogg
I thought the hon. Gentleman was going to refer to the geese that saved Rome and divert us with a bit of cackling of geese, but it was not that in the end.
Let me return to the exciting detail of where we are restoring powers. The first example that I shall regale you with, Madam Deputy Speaker, is the Council act of 3 December 1998, laying down the staff regulations applicable to Europol employees. I think that staff regulations are very important and noble, but I hardly see that as a fine repatriation of powers. There are lots of other examples—I will not go through them all, because time is short and there are far too many.
However, there are eight decisions relating to classified information. If hon. Members are willing to return to the analysis by the Government, they will see that of those eight, all of which are being opted out of, the Government say:
“To our knowledge only small quantities of classified information are currently shared with third countries under these agreements. If the UK decided not to participate in the agreement, we would continue to be able to exchange UK classified data directly with any third country.”
Therefore, eight of the 98 powers that we are repatriating are so trivial that we have not used them and, crucially, the point has been made that we could do that by agreement with the third countries individually and get exactly the same benefits. Indeed, one of the classified information-sharing deals refers to Croatia before it was a member of the European Union, so that one falls automatically, even if it were useful. I am therefore agreeing, to my horror—and probably equally to her horror—with the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Home Secretary, who made the point about the triviality of some of these matters. They are really not very important.
The Schengen measures that we are pulling out of relate to the accession of member states to Schengen, which is hardly still relevant. Those measures include—oh, this is glorious—a council decision made on 18 September 2008 on the test of the second-generation Schengen information system, to which we are no longer committed. That is a serious repatriation of power!
I was thinking of the ancient types, making a comparison to Horatius on the bridge, but it is not Horatius; it is more like Sisyphus, perhaps in both senses of the man. The rock was pushed up to the top of the hill, and he tried to get it over the top, but straight it rolled back down again. To use a cricketing metaphor—which is appropriate in the middle of an Ashes test series—the degree of spin required to say that we are seeing the repatriation of power reminds me only of that famous ball bowled by Shane Warne, when he was first visiting England, when he removed Mike Gatting. It spun so much, so far that it went down in history as one of the great balls in cricket. Even Tich Freeman at his peak, when he got 305 wickets in a season, did not bowl so much spin as this Government are bowling. Even Jim Laker in 1956 was not spinning away so much when he got 19 wickets in Manchester against the Australians, for there is no real repatriation of powers.
Unfortunately, there are two sides of most ledgers. When we look at the powers that it is intended to opt back into, we see rather the reverse. To go into more of this tedious detail, which I know hon. Members find somewhat soporific, the first area—the biggest and most important—is the arrest warrant. We have heard from the Home Secretary about how the arrest warrant will be placed under strict controls. She even mentioned that there will be some limits on the joint recognition of offences, but that will not be decided by our courts or our Parliament. Instead, it will be decided by a foreign court, by foreign judges, and it will be subject to the agreement that has already been made in Brussels.
Chris Bryant (Rhondda) (Lab)
It is always an enormous delight to follow the hon. Member for North East Somerset (Jacob Rees-Mogg). I always feel as if I step back in time a little and a Beaufort, Neville or Spencer is addressing the House and taking us back to the 15th century when things were simpler and a Welshman knew that he could not trust an Englishman and that was about as far as xenophobia went. The hon. Gentleman gave us a fascinating tour of spin, and it is only a shame that the Home Secretary was not in her place to hear his complete demolition of her speech earlier this afternoon.
Jacob Rees-Mogg
Given that the Home Secretary now is here, I should like to say that that was not what I was trying to do.
Chris Bryant
The great thing about the hon. Gentleman is that he sometimes achieves that to which he does not even aspire—and on this occasion he did precisely that.
Let me start with what we all agree about. International criminals co-operate; they commit crimes in many different countries; they travel and they can commit crimes in one country from another country; and they try to get away with it. Crime does not stop at the channel, which is why co-operation on justice and home affairs across the European Union is a vital part of ensuring national security in the modern era. It is why I think Members of all parties have long supported the position of leadership that the British Government have taken in trying to improve these standards across the whole EU.
We also agree, I hope, that it makes sense to review that co-operation. That is precisely why Labour secured an opt-out—the one we are talking about using at the moment—in the first place. It is a Labour opt-out available to a coalition Government. I therefore suggest that the question before us now is really fairly simple. Is this motion right—the original Government motion, notwithstanding the intervention that the Justice Secretary was forced to make earlier when he suggested that he might accept an amendment that has not even been moved—is it necessary, and is it necessary now? Let me start with the “necessary now” question.
I suggest to hon. Members that we have heard no argument to say why the Government want this vote today. They signalled months ago that they were provisionally minded to opt out—fair enough—but their decision to seek to opt in to any measures, let alone the measures listed in the Command Paper, was announced less than a week ago. The Select Committees have been clamouring for more information for months, as has already been said by three of the Select Committee Chairs, begging for a list of potential opt-ins so that they could look at the matters in hand. They asked for explanatory memorandums and never received them. True, there were briefings to the media, particularly to The Daily Telegraph, but not to the Committees about how the Government saw each of these measures. The Government expected the House to endorse opting out and opting in, including the precise list of measures, without a single word of evidence from any outside body being taken by any Committee of this or the other House.
Chris Bryant
Far be it for me to suggest that the hon. Gentleman is a mendicant in these matters, but he certainly sought this many times. If that is not the definition of begging, I am not sure what is.
Then, of course, we had the bizarre event last Thursday afternoon, which was the classic kick-bollock scramble school of parliamentary drafting that this coalition has made standard practice when the Home Secretary first tabled a motion, then the Chairs of the Select Committees kicked up and tabled an amendment, but then at the very last minute the Home Secretary withdrew her motion and tabled another one, whereupon the Select Committee Chairs tabled another amendment. Now the Home Secretary has backed down on the amendment, which is her third position in a week—no Thatcher she, I would suggest, as we are certainly not going to get a “This Lady is not for turning” speech at the Tory party conference.
The end result of all that is a list cobbled together in a deal within the Government; the House given three days and no more to decide; and a motion tabled just one sitting day before the debate. Yet the Justice Secretary himself—he has been opting in and opting out of this debate; more opting out than opting in, I note—said on 19 March this year to the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith):
“I can give my right hon. Friend, and indeed the House, a clear assurance that this Government will go further than any Government in ensuring that the House is involved in the decisions that are taken, and that as we reach agreement within the coalition on the way forward, we will need fully to engage Parliament, his Committee and, indeed, all the Committees with a vested interest in the matter”.—[Official Report, 19 March 2013; Vol. 560, c. 782.]
[Interruption.] I hear some rumblings over there, but the honest truth is that none of the Select Committees has been impressed by the way in which the Government have conducted themselves. Indeed, to be precise, the hon. Member for Stone (Mr Cash) said that this was a classic case of “scrutiny gone wrong”.
Let us be clear: these are complex matters that need to be addressed. The Command Paper is one of the most impenetrable set of explanatory memorandums that I have ever encountered—[Interruption.] I have read it and understood it, but I am not sure that the Justice Secretary has either read it or understood it. Some of what he says in his own explanatory memorandum is self-contradictory.
Mr Clappison
The hon. Gentleman might like to compare this with the one relating to the treaty of Lisbon, which was produced by his Government and was originally supplied to the House in French.
Chris Bryant
I have read it only in Spanish. It is obviously a little bit more difficult when dealing not just with one coalition partner but with 26 of them.
Martin Horwood
I would like to say that I rather agree with the hon. Gentleman about the Command Paper, which could do with some treatment from the Plain English Campaign. As regards scrutiny by Select Committees, however, I am rather puzzled by the hon. Gentleman’s assertion. The Lords European Union Committee has been able to consider these matters in great detail and has produced a weighty report—an option that was open to the other Select Committees as well.
Chris Bryant
Yes, but the Lords Select Committee makes exactly the same condemnation of the Government’s process as all the House of Commons Committees and it reached the same conclusion, which I will come on to. I would argue that scrutiny is important and is not quite as simple as some Members have suggested. The process of opting back in is complex in itself, but as Commissioner Reding said earlier this year, one measure sometimes impacts on another. Whether or not the Government choose eventually to seek to opt into the precise set of measures that they listed in the Command Paper, their choice will not necessarily be deliverable.
As I have said, the Command Paper is pretty impenetrable, but it makes some pretty bold assertions. On child pornography, it states:
“If the UK were to exercise the opt-out and decide not to rejoin this measure, there would be little practical impact”.
Is that true? Can we not at least test it in Committee—or, for that matter, test the Government’s assertions on the investigation and prosecution of genocide, crimes against humanity and war crimes? [Interruption.] I can hear what the Home Secretary is saying. She must bear in mind that what we are discussing now is not the amendment that has been accepted, but her motion. That is all that is on the table at the moment.
Should we not also be able to test the Command Paper’s assertion on the European arrest warrant? I should have thought that the hon. Member for Esher and Walton (Mr Raab) and many others would want to do that. According to the paper,
“If the UK were to decide not to participate in this measure, we believe the UK would revert to the ECE”
—that is, the European convention on extradition. It continues that
“work would need to be taken bilaterally, but there is no guarantee this would be possible where Constitutional barriers exist.”
As the hon. Member for Belfast East (Naomi Long) pointed out, an important process of negotiation must be undertaken with the devolved Administrations in Northern Ireland in particular—because of the relationship with the Republic of Ireland—and in Scotland to ensure that there are no unintended consequences.
Let me now turn to whether the motion is necessary. It is absolutely clear that it is not necessary for discussions to take place with the Commission and with other member states. Indeed, the Government told the Commission in no uncertain terms that even if a motion in this House or in another place were voted down, they would reserve to themselves the right to proceed with the process of opting out. It is true that protocol 36 —which was mentioned by the hon. Member for Stone —sets out a formal process, but we all know that the process that will actually be engaged in will be complex and political, and that there will be plenty of “behind doors” conversations.
What concerns me is that without indications about the opt-ins and without knowing whether we will be able to secure them at the same time as the opt-outs, we cannot genuinely weigh the risk of opting out against what we stand to gain. That is why we tabled our amendment, on which we still intend to divide the House. The amendment does something very simple: it insists that we should have guarantees of what we can opt into before choosing formally to opt out.
The hon. Member for Stone said earlier that our idea was nonsensical, but where did we get it? It comes directly from the Command Paper, page 5 of which states that
“there is nothing preventing the Commission giving an immediate response, nor to agreement being reached informally ahead of the UK’s formal application.“
In other words, the motion is completely unnecessary, and potentially dangerous.
Chris Bryant
It always pains me to disagree with a man whom I love so much, but as the hon. Gentleman refused to return my phone calls at the end of last week, I must disagree with him on this one occasion. I think that there are genuine risks. This is what was said by the House of Lords Committee to which the hon. Member for Cheltenham (Martin Horwood) referred:
“On the basis of the evidence we have received we do not consider that the Government have made a convincing case for exercising the opt-out…Opting out of the police and criminal justice measures would have significant adverse negative repercussions for the internal security of the United Kingdom and the administration of criminal justice in the United Kingdom.”
That is a high hurdle for us to overcome if we are to move forward.
Chris Bryant
I see the hon. Member for Cambridge (Dr Huppert) moving forward, but I will not take any more interventions, because we need to hear from the opting-in Justice Secretary.
There are many other risks in relation to the timetable. We do not know which commissioners will be responsible for the respective portfolios by the end of next year, we do not know who the President of the Commission will be, and we do not know what the majority pattern in the Commission will be. The European parliamentary elections will take place on 22 May. There will be a completely different system for the appointment of commissioners next year, and by 1 December we may well have a different Commission which will take a completely different view from the present one. Moreover, during today’s debate the Government themselves have admitted—and this has come steadily more to light—that there may well be an interim period between opting out and opting in, and I think that that poses a danger to all of us.
The Home Secretary tried to suggest that this represents the grand emancipation of Britain from the thralls of the European Union. I disagree with her. The end result will be, at best, our opting out from some 67 measures that already do not apply to the United Kingdom, have been superseded, or are completely redundant and irrelevant, and from another 30 measures in regard to which it is almost impossible to see how the jurisdiction of the European Court of Justice could possibly have any effect on the European Union.
It is a delight to see the Justice Secretary. Let me end my speech with a little rejoicing. As all Members will know, there is more joy in heaven when one sinner repenteth…and that is certainly true in relation to the right hon. Gentleman. I welcome what he is about to say, because he said in 2009:
“Our instinct will always be against handing more sovereignty to Brussels unless there is a compelling reason to do so. That includes the arrest warrant.”
I am delighted to say that he has completely changed his view. The Command Paper points out that 5,184 people were arrested between April 2009 and April 2013, and that very few of them were British. I only hope that the Justice Secretary, in the process of renouncing his previous views, decides to welcome what was announced in the House of Lords this afternoon.
Chris Grayling
No, I am going to make some progress.
I want to return to the amendment tabled by the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) and the other Committee Chairmen. We recognise the desire of the House Committees to carry out detailed scrutiny of our proposals. I want to make it clear that the Government are strongly committed to the set of 35 measures in Command Paper 8671, but we do not want to circumscribe debate in this House, which is why if the amendment is moved, I will be happy to accept it.
This is not simply a question of us deciding that list. There is a process of negotiation with the Commission and the other member states to follow. We will need the support of the Council and other member states if we are going to opt back into different measures.
Chris Bryant
The Justice Secretary referred to the changes to the operation of the European arrest warrant that have been tabled here. We broadly support them. They seem to be sensible measures and I congratulate the Home Secretary on what she has done, but will the Justice Secretary clarify for us whether they have been discussed with any of the other member states or the Commission?
Chris Grayling
Both the Home Secretary and I have had extensive conversations with other member states and, of course, the proportionality test we are introducing is very similar to the one that exists in the law of Germany and one or two other member states. The hon. Gentleman has very full of knowledge of the conversations I have had in Brussels, but I have to say to him that not all the information he has come up with reflects truly the conversations I have had. What he needs to remember, which he seems to have forgotten in all of this, is that we need the collaboration of the Commission and the other member states simply to agree the process. That is why we are voting tonight. We are doing so in order that some of those process discussions can begin and we can get on with the job of making the transition possible and, so we do not leave the kind of gap he is talking about.