Presumption of Innocence and EU Law

David Nuttall Excerpts

Monday 10th February 2014 Commons Chamber

[Mr William Cash (Stone) (Con)]

I am glad to say that the two Front-Bench speeches have combined to encapsulate all the arguments. While I have some comments to make about the Government’s position, I commend the speech of the hon. Member for Hammersmith (Mr Slaughter), because he drew out several of the European Scrutiny Committee’s concerns. I am sure that the Minister, having somewhat belatedly reached the conclusion that improvements were required, will acknowledge that, and that everyone will be satisfied, given that we are now considering a motion on forwarding a reasoned opinion.

As I pointed out in an intervention, for all the brickbats, congratulations and backslapping that might be coming from either side of the House, as things stand there is a more worrying matter to consider. If the Minister has received late information that more member states are prepared to deal with the matter properly, that would be useful for me, as Chairman of the Committee, to know. The hon. Member for Hammersmith rightly quoted the Committee as saying:

“It is difficult to overstate the significance of the Commission’s proposal.”

Against that background, and knowing the number of member states required for the yellow card procedure—we currently have the United Kingdom Parliament and the Scottish Parliament, unless some others have come into the framework and I am not yet aware of that—there is clearly no prospect of this reasoned opinion receiving the kind of attention from other member states that it should receive. I say that because we still have a window in which to sort the matter out, but it is not a very long one, and I must say that it does not bode well given the significance of the issues at stake.

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

On that point, surely the Commission will not regard the Scottish Parliament’s submission as relevant to this matter. Surely only a submission from this Parliament will be regarded as relevant.

[Mr Cash]

I am grateful to my hon. Friend for that intervention, because I rather agree with him. Whatever the aspirations of the Scottish nationalists and those campaigning for independence, I am afraid that at this juncture what they have to say, however worthy it may be, will not be within the criteria set out for reasoned opinions under the yellow card system.

I ought to say that I have had grave reservations about the yellow card system from the very beginning. I have never thought that it is a matter that should be decided by an aggregation of member states—if they choose number X, why not choose number Y? The fact is that if a member state wishes to act, in its own national interests—the Minister, judging by what he said, regards this as a matter of critical national interest—I suggest that the reason for disapplying or vetoing laws should rest with one member state, as my Committee’s report made clear, because it becomes invidious to choose a particular number rather than another.

The real question is whether the matter is sufficiently important in the interests of the democracies, the legislatures and the constitutional arrangements of a given country for there to be a veto. Indeed, I must commend my right hon. Friend the Prime Minister, who vetoed a treaty only a few months ago, and what is sauce for the goose is sauce for the gander. For this purpose, I think that there is a very strong case, where it is sufficiently important in the national interest, to go beyond the yellow card system.

--- Later in debate ---

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

Let me start, Mr Speaker, by apologising for missing the Minister’s opening comments.

I thank my hon. Friend the Member for Stone (Mr Cash) and the members of his Committee for bringing this matter to the attention of the House. It is yet another example of the fine work that they do in scrutinising and painstakingly going through the masses—hundreds and hundreds—of EU regulations and directives that emanate from Brussels to identify those that are worthy of consideration in debate on the Floor of the House.

This is such a measure and, frankly, it goes to the very heart of the British legal system—the presumption of innocence. Quite frankly, it is staggering that the EU should try to lecture this country. That is what it boils down to: the EU is trying to tell this country how to run its justice system, and trying to interfere with what we determine about the innocence of a subject until they are proven guilty in a court of law. This is just a further building block that the EU Commission sees as a stepping stone on its way to building an EU-wide common system of criminal justice, but it is one that we ought strenuously to oppose.

I am quite happy that we are being asked to approve the Government’s proposal to send a reasoned opinion back to Europe about why the measure fails the test of subsidiarity. In my mind, it certainly does fail that test, but like other hon. Members, I am extremely concerned that it appears that we will once again stand alone in our opposition to it. My understanding—I look forward to hearing from the Minister whether it is correct—is that the deadline for objections from member states is 12 February. If that is the case, there is very little time for this Parliament or any others to lodge objections. It therefore seems likely, although I wish it were not the case, that the measure will pass.

[Jacob Rees-Mogg]

Does my hon. Friend take the comfort that I do from the Government’s firm stance, in that even if no other Parliament sends in a reasoned opinion against the proposal, it would be eccentric of the Government, because it is subject to our title 5 opt-out, to opt in to one that is thought not to meet the test of subsidiarity?

[Mr Nuttall]

Absolutely. I for one certainly hope that the Government will not feel that it is necessary to bow to the will of Brussels on this measure. Although I am at one and in accord with the Government on their proposal this evening, I would have to depart from that course if they tried in future to suggest that we should adopt it given that the European Commission seems likely to pursue it. Bearing in mind this country’s proud history of establishing our own system of common law and the rights of an individual to be regarded as innocent until proven guilty, I see no reason why we need lecturing from the EU on this matter.

[Mr Cash]

Has my hon. Friend noticed that this matter has received almost no coverage in the media, particularly the BBC? Perhaps they will rectify that as a result of this debate. This is a serious matter and the British public must know what is going on, but there are limited opportunities for them to find out about it. If this proposal were in a Bill that dealt with the abolition of trial by jury, it would have to go through at least three stages in each House and would be subject to amendments in both Houses. Because it is in a directive, all we are left with is putting up a reasoned amendment that will be doomed if other member states disagree.

[Mr Nuttall]

The Chairman of the European Scrutiny Committee, as ever on these matters, is right. This proposal has not received adequate scrutiny in the media. There may be many reasons for that.

This is another example of the EU interfering in matters that are a million miles away from the areas that the vast majority of the British people want us and our European neighbours to deal with. The British people want us have free trade with our European neighbours; they do not want the European Union to interfere in matters of criminal justice. This is just one example of why, when it comes to a referendum, I believe that millions of my fellow citizens will agree with me that we would be better off out of the European Union and that we should simply trade with our European neighbours on a free trade basis.

--- Later in debate ---

[Mr Vara]

My hon. Friend makes a good point, but I repeat that there is not long to go. If there is a Conservative victory, we will renegotiate, and the issues that he raises, as well as a whole series of other issues, will be put to the country.

My hon. Friend the Member for Aldridge-Brownhills talked about the European Union trespassing into matters that have been so important to our judicial system over centuries, and I could not agree with him more. As always, he was passionate about what he said, and almost—no, not almost, I think everyone in this Chamber is in agreement about the presumption of innocence, which has existed since Roman times. The case for the directive simply has not been made by the Commission.

My hon. Friend the Member for Bury North also mentioned the tight deadline of 12 March. I am reliably informed that the date that is important is the date when the reasoned opinion is actually sent, so if it is approved today and sent immediately, it will be valid and we will have met the deadline. He also mentioned the opt-in. He said that he was not present at the start of my speech and it may be that he missed my comments, but the Government have promised a debate on that specific issue in due course.

[Mr Nuttall]

I am grateful for that confirmation but I wonder whether the Minister misspoke. He said 12 March. Did he mean 12 March or 12 February?

[Mr Vara]

I did indeed mean 12 February and my hon. Friend is right to pick me up on that.

This is an opportunity for the House to make it clear to the Commission that it should listen to the views of national Parliaments. I can only repeat the wish that the European Commission listen carefully to and treat with respect the concerns of this House and any other national Chambers that express a view on this important subject. That is required by the treaties, it is political good sense, and it would be an important demonstration that the Commission is indeed listening to the views of elected representatives and member states.

Question put and agreed to.

Resolved,

That this House considers that the Draft Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings (European Union Document No. 17621/13 and Addenda 1 to 3) does not comply with the principle of subsidiarity, for the reasons set out in the annex to Chapter One of the Thirty-second Report of the European Scrutiny Committee (HC 83-xxix); and, in accordance with Article 6 of Protocol (No. 2) annexed to the EU Treaties on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.