EU Criminal Policy

Dominic Raab Excerpts

Wednesday 25th January 2012 Commons Chamber

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

First, I commend the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), for coming to the House to debate this subject transparently and openly because it is one that demands scrutiny. I echo the warning in the excellent speech of my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox), because today, as the Prime Minister leads efforts to scale back the overweening and often arbitrary role of the European Court of Human Rights in Strasbourg, we might well remind ourselves that prevention is better than cure.

The document before us has all the hallmarks of a massive and substantial power grab from Brussels in the area of EU criminal law. We might have ad hoc opt-outs, but the direction of travel has very serious implications for this country. The clear ambition in the document is for a pan-European code on what the Commission calls “Euro-crimes”, backed by EU penalties and jurisdiction. The document talks about giving

“full judicial control to the European Court of Justice”

in Luxembourg.

The aim is for a uniform European justice policy by any other name. One has only to look at the detail in the document, which seeks—I quote these words for the sake of accuracy, to show that this is not just scaremongering—

“approximation of definitions and sanction levels”

for serious crimes. It aims for “common minimum rules”, including common EU punishments. The document reeks of the Soviet style EU double-speak to which we have become accustomed. On one hand it accepts the national “diversity” of the traditions of justice across the continent, including our own, but in the same sentence it calls for “consistent and coherent” EU criminal law. Ultimately, that is a circle that cannot be squared.

What areas will the new Euro-crimes cover? It is one thing to call for direct practical co-operation between national authorities on counter-terrorism and serious crime, although we do not need more legislation in that regard, but the document would expand EU law into environmental crimes, employment offences, data protection, fisheries offences, traffic offences, financial market behaviour—I wonder who that is aimed at—and, of course, at the top of everyone’s list of priorities, protecting the euro.

Britain has opt-outs, but we are still affected by the massive increase in EU law in the field of justice and home affairs. With cross-party support, the House has unanimously called on the Government to renegotiate the European arrest warrant—the Chair of the Select Committee on Home Affairs, the right hon. Member for Leicester East (Keith Vaz), presciently predicted that I would raise this issue—because it is resulting in far too much rough justice for far too many innocent citizens. As we consider the ambitions for EU criminal law, I should like to know from the Minister where that issue is on the UK agenda and where it is on the EU agenda.

The UK has also opted in to the draft European investigation order, which would allow European investigators and prosecutors to direct UK police forces to pursue leads and collect evidence. That is a threat to the liberty of our citizens, and is the last thing that hard-pressed police forces need right now. What progress has been made on limiting the risk of abuse of such wide powers and on ensuring there are safeguards that comply with British standards of justice? On a more fundamental level, why is the EU expanding its competences before it has corrected the current defects?

This issue is a prelude to the decision to be taken by June 2014 on whether Britain should opt in or out, wholesale, of the pre-Lisbon justice and home affairs legislation. If this document is a taste of what is to come, it demonstrates all too well the magnitude of that decision. This is a fork in the road: it is time to decide whether Britain will retain our unique justice system and common-law tradition. This is one of the most serious constitutional challenges the House will face in this Parliament, and I am confident that Ministers will weigh the consequences of that decision very carefully and ensure that Parliament—consisting of the elected and accountable law-makers for this country—will have the opportunity to debate and vote on that crucial decision.