European Union Bill

Dominic Raab Excerpts

Wednesday 26th January 2011 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

Thank you, Mr Evans, for calling me to speak in this debate on clause 9, which is one of the Bill’s key provisions. The treatment of justice and home affairs merits close scrutiny in the Bill. The EU is increasingly seeking to broaden and deepen its authority in this important area. We need only to consider the inception of the Stockholm programme, to which the previous Government signed up, on policing, justice, asylum and borders. It is also illustrated—if further illustration were needed—by the 13% budget increase for this policy area in this year’s EU budget, which is higher than that for any other area. That is a sign of the ambition in Brussels to move bit by bit towards a pan-European legal system, at odds with our distinct history and tradition of justice reflected in the common law, our safeguards for personal freedom and our adversarial court system.

[Nick de Bois]

My hon. Friend has touched on a matter of great importance. I welcome the safeguards. It seems to me that justice in other countries is very different from justice in ours, principally on the basis of mutual recognition that many things are the same. It concerns me that we must keep as divorced as possible from the system in France, for example. Even a former French Justice Minister said, “The assumption here is that one is innocent until one is proven guilty, but in reality, with our magistrates courts, it is the other way around.” That will be difficult to reconcile and we must have very strong safeguards.

[Mr Raab]

I thank my hon. Friend for that intervention and I agree entirely with him. We can already see an example of that in the European arrest warrant. We have jumped in and we are now reviewing its domestic implementation and the potential for the international instrument. The presumption of innocence is just one area, as my hon. Friend has suggested, where we have a fundamental difference of legal cultures. I do not think that either party should show that any disrespect.

Brussels certainly has ambitions in that area and with those ambitions in mind I want to point out that there are disappointingly few decisions on JHA policy in the Bill for which, although there is no referendum requirement, parliamentary approval is required before the Government take a decision to opt in. For example, as I understand it the decision to opt into the European investigation order would not have required Parliament’s approval under the Bill despite its ramifications for operational policing and the lack of safeguards for innocent British citizens. Immigration and asylum policy is also left out despite the fact that the EU is currently proposing far-reaching changes in that very important area.

I would be the first to accept that the British people cannot have a referendum on every item of JHA policy, but why cannot their elected representatives have a say on every opt-in to ensure proper democratic scrutiny? I am very encouraged by the Minister’s written statement, which I have looked at closely and which effectively endorsed the principle of a parliamentary vote on JHA opt-ins. That is an important step forward and, as other Members have made clear, it is extremely welcome. As the statement made clear, such a provision would depend first on the discretion of the European Scrutiny Committee and its Chair to call a debate and table a motion. That is fine with the current Committee and Chair, but—if we can possibly imagine this—if it were one day to have a less meticulous Chair or more integrationist members, that check might be diluted. Secondly, the provision would depend on the discretion of Ministers about whether to make Government time available.

It would strengthen the Bill considerably if the arrangements to which the Minister agrees in principle could be spelt out in practice in legislation. I know many Members would welcome such a step.

There is an even more important issue to consider than the individual opt-ins. Britain has to decide by June 2014 whether to accept European Court of Justice jurisdiction over police and justice measures that predate the Lisbon treaty or, alternatively, to opt out altogether. After that date, the full body of pre-Lisbon legislation will come under the control of the Luxembourg Court, so this decision has enormous constitutional implications for our criminal justice system. It represents a unique opportunity for this country either to regain control of our justice agenda or, if we so decide—let us not rule out this option—fully to embrace a pan-European model. I am clear in my own mind that we should preserve our distinct justice system which is famous the world over. It guarantees our personal freedoms and defines the British sense of fair play.

Beyond the technical niceties of the Bill, something bigger is at stake—from habeas corpus to the presumption of innocence, which my hon. Friend the Member for Enfield North (Nick de Bois) mentioned, or to free speech, which is poorly protected in France and seems to be disappearing in Hungary but is still cherished in Britain. These abstract legal concepts define our citizenship, our identity, our culture and ultimately our way of life. I respect the fact that others may disagree on this; some may wish to argue the merits of the Napoleonic legacy or the pros and cons of the continental civil law tradition, while others may claim that a pan-European amalgam might just get the best of both worlds. That is fair enough, and those are perfectly respectable positions, but what is not acceptable is for that kind of decision on a matter of that kind of magnitude to be quietly nodded through without the formal debate and approval of the House. I welcome the policy commitment in last week’s written ministerial statement, but we need a commitment that the decision to opt in en bloc will be subject to parliamentary approval and not just a debate, and it would be relatively easy to do that in the Bill.

To conclude, I support the aims of the Bill and much of its content. It has the potential, at least, to transform the country’s relationship with Europe and to restore some transparency and legitimacy to the much-shrouded decision making in Brussels.

[Mr Jenkin]

In the next group of amendments we will discuss this same topic in relation to a possible Act of Parliament or referendum. Will my hon. Friend reflect on the fact that it would be inconceivable that a Government could implement such a dramatic change to our legal system and our legal culture without a substantial Act, or several Acts, of Parliament? Is a resolution of the House enough to govern this Executive act—this stroke of the pen—by a Minister at a meeting of the Council of Ministers?

[Mr Raab]

I thank my hon. Friend for that intervention; his point is well made. Obviously, if we decided to opt in, legislation would be inevitable, but the question is whether or not we should opt in. That principle should be subject not only to legislative scrutiny but to a debate and a vote.

[Kelvin Hopkins]

Before the hon. Gentleman concludes, I want to support very strongly what he has been saying. An important factor of the British legal system is the fact that it has been imitated throughout the Commonwealth. Many Commonwealth countries have legal systems based on ours, and if we abandoned our legal system in favour of a completely different system—a continental European system—that would break an important link with the Commonwealth that we should preserve.

[Mr Raab]

I thank the hon. Gentleman for that intervention and I agree. Indeed, senior members of the judiciary have said the same thing. The Lord Chief Justice recently gave a very informative speech saying that Britain no longer seems to be the champion of the common law. The ever-increasing move towards European integration in this area undermines that. Any proposed opt-in to justice and home affairs legislation, which goes to the very heart of our laws, liberties and way of life, must first be subject to proper oversight by and the approval of the House.

[Mr Cash]

I congratulate my hon. Friends the Members for Hertsmere (Mr Clappison), for Daventry (Chris Heaton-Harris) and for Esher and Walton (Mr Raab) on their speeches.

After 26 years of scrutinising treaties of one kind or another, sometimes tabling as many as 120 or 140 amendments, debating them in detail and listening to the arguments put forward by Government spokesmen, who say, first, for example, that we have reached the high water mark, and then that the measure is not what some people fear, perhaps it is inevitable that I have developed a certain resistance to the assumption that what we hear from the Front Bench will necessarily occur—I hope that is a nice way of putting it—and that I have become if not cynical, which would be an unfair word, at least uncertain about the consequences that subsequent events may produce.

In other words, we do not get what it says on the tin, or necessarily what we are told we are likely to get. I am very sceptical, not just Eurosceptic. I question not the honesty of individuals, but the accuracy of their predictions. I therefore believe that this set of measures, as has been amply described by my hon. Friend the Member for Hertsmere and others in this debate, is hugely important, although not more important than any of the other provisions that are part of a continual stream of acquiescence in European integration.

Where the provisions speak of not allowing measures to go through by way of opt-in, by imposing the requirement for some kind of parliamentary approval, I am well aware that we table amendments, we argue the case, we have a European scrutiny process, we go through it in detail, it has been universally applauded by Ministers and people throughout the land—