Data Protection in the Areas of Police and Criminal Justice (EU Directive)
Debate between Crispin Blunt and Henry Smith(12 years, 7 months ago)
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Mr Blunt
No. Secondly, the legal base of the measure gives the UK an effective exemption on the issue about which we are most concerned: internal processing of data. The directive is based on article 16 of the TFEU—the new data protection competence created under the Lisbon treaty. Under article 6a of protocol 21, which gives the UK and Ireland particular provisions and protections in the areas of freedoms, security and justice, the UK has what we believe to be a firm protection that provisions on internal processing will not apply to us.
Mr Blunt
Let us be clear about what is at stake here. Rules enabling the sharing of data have made a tangible difference to the United Kingdom, and we take steps that imperil them at our risk and at risk to our citizens. Let me give an example, which concerned a 32-year-old Romanian national who was arrested in the United Kingdom on suspicion of raping two women within the Metropolitan area. A request for conviction data identified that the suspect had a previous conviction for rape in Romania. Just prior to the trial, the individual disputed the Romanian conviction, but through close liaison with the central authority and the police liaison officer at the Romanian embassy in London, a set of fingerprints relating to the Romanian rape conviction was obtained and proved the conviction beyond doubt when they matched the suspect.
An application to use the previous conviction as bad character evidence was made by the prosecuting counsel and was granted by the judge, allowing the Romanian rape conviction to be put before the jury. The defendant was convicted of four counts of rape and other offences at the Inner London Crown court in July 2010. The defendant was given an indeterminate prison sentence, with a recommendation that he serve at least 11 years in jail as he presents a “high risk” of further sexual offences. The investigating officer on the case said:
“The use of foreign conviction data can be of great importance to police investigations. In my case, by working with the UK Central Authority I was able to draw on their professionalism and expertise to secure details of”—
the individual’s—
“previous conviction for rape in Romania which was put before the court and used as bad character evidence. This information undoubtedly assisted in providing a successful outcome, convicting a dangerous offender who will now spend a considerable number of years behind bars.”
Perhaps I hope that under European Union and Council of Europe prisoner transfer agreements, a good proportion of those years will be spent behind Romanian bars, but if I follow that up, I may be diverging from the immediate subject of the debate.
Mr Blunt
That case is far from unique. We should be clear that the Government want to remain within the directive precisely to enable such practical, common-sense sharing of data. It is not because we do not have concerns about the precise details or think it cannot be improved. It is because we make the judgment that we stand a much better chance of securing a sensible deal within the tent than outside it, and without risking the likelihood that by having to negotiate dozens of bilateral deals, we would endanger co-operation that the public depend upon.
It will not have escaped the attention of hon. Members that press coverage has warned about new rights for criminals under this measure. Let me set the record straight. All UK citizens under current law are able to know what information the state holds about them and can ask for data to be erased. But the ability of criminals to enjoy this right is, for obvious reasons, qualified. Put simply, the rights of the law-abiding public to security come first. Nothing in this proposed directive creates any new right for criminals or for anyone else.
Mr Blunt
No. Let me turn to the substantial content of the proposed directive and the policy issues that are raised. We want to see a system that allows police and judicial authorities to continue to protect and serve the public effectively and which also allows individuals to be confident that their privacy, safety and freedom will be safeguarded. The Government believe that these two objectives are not contradictory, but may be achieved in tandem, by creating a data protection framework that is founded on the principles of necessity and proportionality.
In the light of this position, there are legitimate concerns regarding the content of the directive. The United Kingdom believes in a principles-based approach that allows the necessary amount of flexibility in processing data. In some areas, the proposed directive seems far too prescriptive to meet this requirement.
Mr Blunt
Our priority in negotiations will be to resist the application of the directive to all domestic processing—that is, data sent between two United Kingdom agencies. Although article 6a of protocol 21 means that this will not apply to us, we feel that it is important to remove this expansion as such data processing should not be the subject of European Union rules. We will seek to remove that for all European Union countries.
As further examples, the proposal lays down new obligations for data controllers regarding the documentation and records that they must keep and the consultations that they must hold with the Information Commissioner’s Office in order for the processing to be considered compliant with the rules. We also have reservations about the compulsory appointment of data protection officers, a role that will need to be filled ostensibly to ensure that data controllers fulfil the various obligations presented to them, including those that I just outlined.
We already expect robust data protection governance as a matter of course in public authorities. However, we question the necessity of having the European Union telling us how to create, organise and run these arrangements. The more prescriptive and burdensome aspects of the directive are opposed by the Government and we will seek to remove or mitigate them during negotiations in the Council of the European Union. This is the beginning of a lengthy process of negotiating new data protection legislation, not the end. The UK will seek to influence negotiations in order to bring about outcomes that are more in line with our policy objectives, which is to end up with an effective but proportionate framework.
Common European Sales Law
Debate between Crispin Blunt and Henry Smith(12 years, 11 months ago)
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Mr Blunt
I am grateful for that intervention, because I had misheard the hon. Gentleman and would not want to mischaracterise his arguments. He makes the point that I was coming to, which is that the Federation of Small Businesses says in its submission that it sees an argument in principle for the measure, a point that was reflected in what my hon. Friend the Member for Stone said. In a sense, it is axiomatic that, at the European level, there would be a case for such a measure. The FSB has made it clear that its support for a common European sales law is dependent on its being clear and simple for small and medium-sized enterprises to use, without placing unreasonable burdens on business. We will look closely at those details in the consultation.
I can assure right hon. and hon. Members that any development in the Government’s position on the dossier will be made on the basis of good evidence of need and a robust analysis of the impacts. The Government will pay particular consideration to whether the proposed regulation is a proportionate response to the problems envisaged by the Commission, whether that response complies with subsidiarity and whether the treaty base is appropriate for the measures proposed. We will work with all those most affected by the change, engaging with business and consumer groups in particular. I hope and expect that we will incorporate contributions from Governments in other member states and from the European Parliament.
Let me answer the point made by the hon. Member for Stoke-on-Trent South, who suggested that Her Majesty’s Government should go around trying to encourage Parliaments in other member states to take an interest. We do not think it proper for Her Majesty’s Government to do that. Indeed, he will have heard the suggestion in my opening remarks to the effect that parliamentary groups and authorities should take up the challenge that he has thrown down to them. Given the law of unintended consequences, I fear that if the Government tried to do that, it might be less convincing than fellow parliamentarians trying to act on other national Parliaments, which might be rather more effective.
Henry Smith (Crawley) (Con)
It is indeed important that our Parliament should liaise with EU Parliaments on that point. Last week I had the pleasure of meeting some Danish parliamentarians—my counterparts on their equivalent to the European Scrutiny Committee—who are also opposed to this European measure. It is important that those representations are made through you, Mr Deputy Speaker, to other European Assemblies.
Mr Blunt
I think you have just had a request for action, Mr Deputy Speaker, from my hon. Friend the Member for Crawley (Henry Smith). I commend the work done by members of the European Scrutiny Committee, who have done a particularly good job here. We are going to work with Members here and in the other place and, of course, with the European Scrutiny Committee in taking forward work in this area.
Question put and agreed to.
Resolved,
That this House considers that the Draft Regulation of the European Parliament and of the Council to introduce a Common European Sales Law (European Union Document No. 15429/11 and Addenda 1 and 2) does not comply with the principle of subsidiarity, for the reasons set out in Chapter 5 of the Forty-Seventh Report of the European Scrutiny Committee (HC 428-xlii); and, in accordance with Article 6 of Protocol (No. 2) of the Treaty on the Functioning of the European Union on the application of principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.