Oral Answers to Questions
Debate between Dominic Raab and David Nuttall(7 years, 10 months ago)
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Mr David Nuttall (Bury North) (Con)
Does the Minister agree that if we stay in the European Union the real risk is that, rather than human rights policy being determined by this House and adjudicated on by British courts, it will be decided by the Brussels bureaucrats and the European Court of Justice, and that before we know it, prisoners will be given the right to vote?
Mr Raab
My hon. Friend makes his powerful point in an eloquent way. There is a recognition across the House, on whichever side of the wider debate, that some of the laws that have come out of the EU have been damaging to civil liberties, whether involving the European arrest warrant and the injustice inflicted on my constituent Colin Dines, or the right to be forgotten, which has a muzzling effect on free speech. There are certainly areas of concern, on whichever side of the wider debate Members are.
Oral Answers to Questions
Debate between Dominic Raab and David Nuttall(8 years ago)
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Mr David Nuttall (Bury North) (Con)
Even if the number of fraudulent claims is as high as the 7% that some believe it is, given that courts already have the power to strike out fraudulent claims, why should the innocent majority of genuine claimants be penalised because of the potentially criminal behaviour of a few?
Mr Raab
Our reforms are precisely aimed at weeding out spurious, frivolous or trivial claims, and ensuring that we preserve access to justice for important and meritorious claims. At the same time we must ensure that people who pay their insurance premiums year in, year out, are not penalised by those who are taking the system for a ride.
Oral Answers to Questions
Debate between Dominic Raab and David Nuttall(8 years, 3 months ago)
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Mr Raab
There will be no squashing out of any of the devolved Administrations. We are already in detailed soundings. When we come to our consultation, there will be full consultation with all the devolved Administrations. There are clear rules and Cabinet Office guidance on purdah, and we will be mindful of them.
Mr David Nuttall (Bury North) (Con)
Another perverse decision of the European Court of Human Rights was on prisoner voting. Will the Minister please confirm that there are absolutely no plans to change our laws on prisoner voting?
Justice and Home Affairs Opt-out
Debate between Dominic Raab and David Nuttall(10 years, 1 month ago)
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Mr Raab
My hon. Friend is absolutely right. I was going to come on to the other areas of creeping supranationalism.
The same is true of Eurojust. Although Britain will not opt in to the European Public Prosecutor’s Office—I very much welcome the fact that Ministers have made that clear—if one looks at the fine print, which the Deputy Prime Minister always encourages us to do, the new Eurojust regulation encourages close co-operation with the EPPO through the back door. If we opt back in to the Eurojust regulation, we will therefore have a close relationship of support for the EPPO. That is something else that needs to be looked at.
Even here at home, outside the political arena, we have had a timely warning from the High Court, and from Mr Justice Mostyn in particular, about the risks of creeping supranationalism. The last Government, to great fanfare, negotiated the British opt-out from the charter of fundamental rights. However, we found out from a case in the High Court in November 2013 that that counts for nothing. Again, so that I cannot be accused of spinning the language, I will refer directly to what Mr Justice Mostyn said. In respect of the opt-out he said:
“it is absolutely clear that the contracting parties agreed that the Charter did not create one single further justiciable right in our domestic courts. The assertion in the…protocol that no new rights are created seems to me to be a misleading product of political compromise because on any view the Charter enunciates a host of new rights which are not expressly found in the European Convention on Human Rights signed in Rome in 1950.”
He continued:
“However, my view that the effect of the seventh protocol is to prevent any new justiciable rights from being created is not one shared by the Court of Justice of the European Union in Luxembourg.”
He went on to say:
“The constitutional significance of this decision can hardly be overstated.”
That is a timely warning from another senior British judge about what is actually happening.
If we listen to our colleagues, partners and friends in the European Union, they are telling us the same thing loud and clear. Viviane Reding, the vice-president of the European Commission and the Justice Commissioner, made it very clear in a speech in Brussels on 4 September 2013 that the EU wishes to acquire the powers of a nation state in the rule of law area. She said explicitly that the EU needs a formal justice Minister and stronger powers to police national criminal justice systems, including
“detailed monitoring and sanctioning powers”.
We must not only look at the snapshot of measures that are before us now, but ask whether in five or 10 years’ time we will find ourselves enmeshed in a common pan-European justice system over which we have lost substantial democratic control. On the evidence, the answer is almost certainly yes.
I want to talk about the European arrest warrant in particular because, between the two poles of UKIP, which suggests that we should just opt out en masse, and our Labour and Liberal Democrat colleagues in this House, who suggest that there is nothing wrong with it, there is a common-sense—dare I say it—third way or at least a middle course. That is to have binding treaty relations on extradition, but to ensure that we have safeguards in place to protect British citizens. We must not make the Faustian bargain that was debated by the right hon. Member for Berwick-upon-Tweed and my hon. Friend the Member for North East Somerset of sacrificing a few innocent people to snag a few guilty fugitives.
If one looks at the data, one finds that the number of European arrest warrants that are received by the UK has trebled since 2004. The latest figures on warrants issued from the first quarter of 2013 showed that the UK receives 33 warrants for every one that it serves. A number of colleagues on the Liberal Democrat and Labour Benches have talked about the lop-sided nature of UK-US extradition, but that is nothing compared with the European arrest warrant, empirically and factually. One cannot take issue with the lack of reciprocity in our extradition relations with the US and not see the same problem in the European arrest warrant. One Briton is surrendered each week. That is up from five per year in 2004.
I accept that we needed a more streamlined process than existed before. I accept that we need a treaty basis for that. We ought to get to a stage where we can talk about reform of the European arrest warrant. I do not think that we will achieve that if we opt back in at this stage.
Mr Nuttall
I agree with many of the points that my hon. Friend is making. Will he clarify whether, in his opinion, it would be possible to reach such an arrangement, with a separate treaty, if this country were outside the EU?
Mr Raab
Of course it could be reached. I was a Foreign Office lawyer for six years. I would love to obsess, fixate and opine on all the legal niceties, but this is about political will. Ultimately, these issues come down to political will.
Many Members have quoted ACPO’s submission on the importance of the European arrest warrant. I accept that it has been very clear about that. However, as I said earlier, it has not been able to assess how many fugitives would go free if we did not opt back in to the European arrest warrant, but went down an alternative route. That is the Achilles heel in its argument. In fairness to ACPO, if one reads on from the statement that the hon. Member for Cambridge (Dr Huppert) read out, it says:
“That said, extradition did exist before 2004 and so it could operate without it”—
that is, without the European arrest warrant—
“as it does with non-EU states.”
The idea that we would face a cliff edge and that fugitives would go free left, right and centre—we have the tabloid scare stories about terrorist suspects and paedophiles—is nonsense. The only way in which that could happen would be if the EU was prepared to cut off its nose to spite its face and refuse to have any extradition relations with us at all. What possible interest would it have in doing that?
I listened carefully to the police evidence, as I think has been borne out by my comments today. I also want to look at the non-police evidence. Fair Trials International has given evidence at length about the miscarriages of justice that have taken place. The appalling miscarriage of justice in the Andrew Symeou case, in terms of both the incompetence of the Greek system and the gruesome jail conditions that he ended up in, are passed by very glibly by those who suggest that we should opt straight back in or that we should opt back in and then somehow reform the system without having the leverage that we have now.
I have the constituency case of Colin Dines, who is subject to a European arrest warrant that alleges his involvement in a mass telecoms fraud involving the Mafia back in Italy. No evidence has been presented of his links to that crime. No attempt has been made to come to the UK to interview him, to get his side of the story or to see if the matter can be straightened out. In the process, with the stress and the strain, he has suffered a stroke, only to find out that the case is crumbling and that the substantive charges look very likely to be dropped or, at least, that a face-saving way out will be found by the Italian authorities. There are other cases, such as those of Edmond Arapi and Deborah Dark.
I respect the Liberal Democrat position on the European arrest warrant, but when I heard the Deputy Prime Minister, in the Farage-Clegg debate, dismissing the Symeou case as “fantasy”, it was deeply disappointing. It was right that he subsequently corrected his position on the Symeou case. As someone who has met the family of Mr Symeou and the other victims to whom I have referred and who still sees the Dines family, who continue to suffer from the European arrest warrant, I find the glib dismissal of a civil liberties issue by the Liberal Democrats difficult to reconcile with their supposed advocacy of British freedom.