Data Protection in the Areas of Police and Criminal Justice (EU Directive)

David Nuttall Excerpts

Tuesday 24th April 2012 Commons Chamber

[Mr Blunt]

I am afraid I do not agree with the hon. Lady. The directive is important for the security of our citizens. I will go on to give an example of the kind of co-operation that we wish to protect under these arrangements. If we are not party to these arrangements, we will have to start negotiating at least 27 bilateral arrangements, which would take us to precisely the same place as the directive, without the benefit of negotiating under the directive.

[Mr David Nuttall (Bury North) (Con)]

Will the Minister give way?

[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.

--- Later in debate ---

[Mr David Nuttall (Bury North) (Con)]

I will be conscious of your remarks, Madam Deputy Speaker. It is, as always, a great pleasure to follow the hon. Member for Vauxhall (Kate Hoey). If this motion is passed tonight, it will result in yet another slice of the sovereignty of this House passing to Brussels and to the European Union. We have no obligation to do it. This country has every right to opt out of the measure, and that is exactly what we should do. The rest of the EU would, of course, continue to be bound by the measure, and if there was a benefit to our citizens, they would benefit too. If the House felt the need to legislate independently of the EU, we could do so, but we should not simply accept the measure as it stands.

We have a choice. The Government propose to inch further down the path to greater European integration—a path that, I submit, runs in the opposite direction to that in which the vast majority of the British public wish to go. Although the two Front-Bench teams might agree, I suspect that millions of people outside this place agree with those who have spoken from the Back Benches who, in this argument, are on the side of the British public. Once we have chosen not to exercise our right to opt out, there will be no option to reverse that decision, and we will have slipped yet further into the EU’s clutches.

The Minister expressed concern that if we did not accept the measure, other European countries might choose not to co-operate with us. My first thought to that was, “Simple. Let’s tell them we’ll stop sending the cheque every month.” That might soon get them into order. Then there is this nonsense that we might be obliged to enter bilateral agreements and that it is all too difficult. What nonsense! We have thousands and thousands of civil servants who must surely negotiate bilateral agreements all the time.

[Jacob Rees-Mogg]

Not only would it not be too difficult but we have an agreement in place already under which it is a requirement of the EU that every effort be made to maximise its effectiveness in the event of it being replaced. So the Government’s argument does not stand up.

[Mr Nuttall]

My hon. Friend makes a good point. It would not be at all difficult, as the Minister suggested, for us to reach separate bilateral agreements, not just with the remaining 26 members but with the other European countries that are not members. We need to be doing deals with them as well, if this is such a good idea.

As pointed out, if we adopted this measure, it would have significant resource implications, as paragraph 33 of the Government’s explanatory memorandum, dated 13 February, makes clear. At a time when the whole thrust of Government policy is aimed at reducing the amount of regulation, our public services will have to contend with yet more rules and regulations. Many will rightly question why we are subjecting them to more Brussels red tape. The bundle of papers available from the Vote Office on this motion demonstrates the size of the problem. It contains well over 300 sides of A4 paper. So we have more regulations, the cost of which we know not. In essence, we are being asked to sign a blank cheque. We should not be taking this step, and I urge the House to vote against the motion.

--- Later in debate ---

[Mr Blunt]

No, I did not speak directly to my right hon. Friend the Minister for Europe. Yes, it is in the recitals, but the regulation published by the European Commission in parallel with this also asserts some involvement with Schengen, which we dispute. These issues are not always very straightforward. On the timetable we have placed on ourselves to have this debate in time for the Government’s decision on the opt-out, which has to be taken, and on parliamentary arrangements, I accept that things could always have been done better—

[Mr Nuttall]

rose—

[Mr Blunt]

I will not give way, because I want to try to finish with—