George Eustice
Main Page: George Eustice (Conservative - Camborne and Redruth)Department Debates - View all George Eustice's debates with the Home Office
(11 years, 3 months ago)
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Yvette Cooper
The right hon. Gentleman is right to say that opting into the EAW does mean it will be subject to the ECJ, but I have to say to him that the importance of the EAW, not only to our crime-fighting and to British police forces, but to victims is so immense that it would be highly irresponsible, against the national interest and against the interests of victims of crime to opt out of it. I understand his views, and it is important that he should have the opportunity to express them, but I just disagree with him on this matter, given the serious cases we have seen. About 900 suspected foreign criminals are extradited to other European countries each year as a result of the EAW being in place. Without the EAW it would take far longer to be able to send back the suspected criminals who ought to be returned, be it to their home country or to the countries in which they are alleged to have committed serious crimes, in order to be tried and to face justice.
George Eustice (Camborne and Redruth) (Con)
But all the uncertainty the right hon. Lady cites about the ability to opt back into some of these JHA policies stems from the fact that we had this block opt-out that the previous Government negotiated. What did they think were the advantages of a block opt-out as opposed to an optional opt-out on a case-by-case basis?
Yvette Cooper
The negotiations took place to secure the best possible deal and flexibility for the UK at the time, and it was right to do so. The hon. Gentleman signed the letter opposing all the opt-ins, and I understand where he is coming from. He should be able to express that view, but again, I disagree with him about the importance of these measures for fighting crime and protecting victims.
Keith Vaz
The hon. Gentleman is absolutely right. I want to give the Home Secretary the benefit of the doubt. The proposals she has announced today may represent the right approach to deal with the issues raised by the hon. Member for Esher and Walton (Mr Raab) and others, and her amendments to domestic law may be sufficient, but we do not know whether that is the case, because we need time to consider her proposals. Unless there is engagement with the judiciary in other countries, anything we do in our domestic law will, to be frank, not make any difference.
George Eustice
I understand the right hon. Gentleman’s point, but the Government also need time to negotiate these opt-ins if they are to get them right, so the longer his Committee has to deliberate on these matters, the more difficult it makes it for the Government. I am on the Environment, Food and Rural Affairs Committee and we frequently meet twice a week. This is a very important issue, so could his Committee not just commit, for this short period, to that extra day a week in order to get the job done effectively?
George Eustice
My hon. Friend is making an important technical point, but is there not a more fundamental objection? The Opposition’s amendment is tantamount to saying that we must first ask the permission of the European Commission before we can exercise the treaty right that we have for this opt-out. It is basically saying that we should wait and see what the Commission thinks before we make a decision.
Wayne David (Caerphilly) (Lab)
The decision before us this evening is important—I think. I say that because the significance of the Government’s accepting amendment (b) is taking a little while to sink in, but we shall see.
This is an important debate. I do not approach this issue in an ideological way. This is not about whether we are for Europe or against Europe; it is about whether we come to a balanced decision that is in the best interests of the United Kingdom. I have to be honest: I have some reservations about the jurisdiction of the European Court of Justice. I well remember the discussions inside Government when Labour was in power about whether we should dismantle the third pillar and go along with the suggestion that it should incorporated in the treaty on the institutions of the European Union as a whole. I still have some reservations and concerns about that.
It is also important to recognise just how significant the measures we are debating are, particularly with regard to the European arrest warrant. Whatever concerns we might have—for example, about the European Court of Justice—it is important for us to look practically at what the practitioners in the field say. I am thinking in particular of the police. It is very significant indeed that the Association of Chief Police Officers has said quite emphatically just how important the European arrest warrant is in tackling international crime.
It is worth looking at the hard-core statistics and recognising that the UK has deported more than 4,000 criminals under the European arrest warrant, 95% of whom are foreign nationals removed from the UK. At the same time, more than 600 alleged criminals have been returned to the UK to face British justice for crimes committed here. It is important to recognise what ACPO emphatically said in its evidence to the House of Lords EU Committee. The summation put the position of ACPO, and indeed many others, very well:
“The majority of our witnesses considered the EAW to be an important PCJ measure that brought benefits to the United Kingdom. They said that it had led to the creation of a more efficient, simpler, quicker, cheaper, more reliable and less political system of extradition”.
That is a very important statement, and I think anyone genuinely concerned about tackling international crime effectively should be wary about rejecting such concerted advice. It is important for us to recognise that, but that is not to say that the European arrest warrant is perfect—far from it.
Many people in the evidence sessions held in the House of Lords indicated that there was room for improvement. It is significant that the Home Secretary specified in her statement this afternoon a number of unilateral measures that the British Government would like to take to improve the workings of the EAW. I would suggest, however, that it is not simply a question of us wanting to improve the EAW. As the Home Secretary said in response to my question, it is important to have a dialogue with individual member states, but it is also important to have a dialogue inside the institutions of the European Union. That is why I am concerned that the general rhetoric and bellicose attitude of this Government towards things European does not put them in a good position to negotiate inside the tent practical arrangements relating to the EAW and many other matters.
George Eustice
The hon. Gentleman has highlighted his agreement with the Home Secretary that the European arrest warrant as it stands is not perfect and could be reformed and improved. What would he change to make it acceptable to him?
Wayne David
One of the main concerns is that there are many minor infringements. The Chairman of the Home Affairs Select Committee referred to the example of the Polish wheelbarrow theft. That provides a clear practical example of where people realise that systems such as this need to be changed. A number of practical points have been put forward, and I think Members should examine them very carefully.
Genuine concern has been expressed about the practical workings of the EAW, but the central point I want to make this afternoon is that the nature of crime has changed markedly over the last few years. We all realise we live in a global economy, but we are also seeing international crime the like of which we have never seen before. The trend towards the internationalisation of criminality is, frankly, likely to continue. I well remember asking the then chief constable of Gwent, “Where is the focal point for criminal planning and masterminding in Gwent?” and the answer was that it was “in the Balkans”. That brought home to me a very practical sense that if we are serious about neighbourhood policing and tackling criminality in our own areas, we have to be concerned not just about the national picture but about the international picture, too. The European Union, and the European arrest warrant in particular, represents a very positive step towards addressing this practical reality.
As I say, practical reality is of primary concern, and it has to be placed against other measures about which we might not be so enthusiastic, such as the increasing jurisdiction and powers of the European Court of Justice. However, on balance, I am confident that we should support the proposal to opt into the measures.
The Government gave the clear impression that there would be far more consultation and debate in the House than has actually taken place. I intervened on the Home Secretary earlier when she quoted a statement made back in January 2011 by the Minister for Europe, who stated categorically that the Government would conduct further consultation on the arrangements for the vote and that, in particular, there would be consultation with the European Scrutiny, Home Affairs and Justice Committees in both Houses. In fairness to the Minister, it must be said that he recognised the significance of the vote and the need to go into all the fine detail that is inherent in these measures; but sadly, notwithstanding the apparent concession that was made a few moments ago, the Government do not seem inclined to embrace the spirit of what he said. I regret that, because I think it would be most unfortunate if the impression were given that the House was being bounced into a decision, and that we were engaged in a process that we did not wholly understand because of its contradictory nature—what with “in-out, in-out” and all the rest of it.
What we need is straightforwardness and transparency. We need a full appreciation of the complexities of the issues, and a balanced, measured response to the pros and cons with which we are faced. I think that the debate represents a small step in that direction, but I hope very much that the Government will take on board, in particular, what has been said by the Chairs of the Select Committees.
As I said earlier, this is an important issue, and no Member in any part of the House should approach it from either a pro-Europe or an anti-Europe standpoint. We must consider the pros and cons, we must recognise the reality of the modern world in which we live, and we must reach a balanced decision on whether these measures —particularly the one relating to the European arrest warrant—will help or hinder the fight against crime. Personally, I have no doubt that they will help.
Dr Huppert
I would be delighted to pass that on, and I am sure the two hon. Gentlemen could have a separate conversation about the matter. There are a wealth of individual cases, some of which I looked at when I was on the Joint Committee on Human Rights, but the obsession with Europe that runs through the Conservative party—or, to rephrase that, through many elements of the Conservative party—is deeply alarming. I am pleased we have managed to get sensible comments from Conservative Ministers on the Front Bench about our need to work with Europe. As crime becomes more international and people can travel more, it is important that we are able to share information.
If we were to ask the public whether they want criminals brought back here to face justice, I do not think many of them—other than the hon. Member for Stone (Mr Cash)—would immediately start talking about the powers of the ECJ. I simply do not believe that is the main issue.
We are not where we should be yet, however. We have this very odd, very convoluted, very complex process, and many of us think it would be much simpler if it had not been negotiated in the form that it was, with the very complex opt-out followed by an opt-in process. I do not think any Member would say that was the best way to proceed. It may or may not have been the best that could be achieved—I do not know the details—but it is certainly very complex, and I and my colleagues will be very happy to work with the Home Secretary and to keep the pressure on her to make sure the negotiations to opt back in are successful. That will be a complex and difficult task, however.
That is why it is also very important to make sure that nothing goes wrong. We do not want to end up accidentally not being able to get back into things we need to be in; for example, we do not want to end up having to be out of Europol for a brief period, which would mean that Europol director, Rob Wainwright—a Brit—could not continue in his role.
The Lords European Union Committee has conducted detailed scrutiny of this and has produced a detailed report. In April it concluded that it was not convinced a compelling case had been made to opt out. I have to say I agree with it. I think it would be far easier, far cleaner and far simpler not to exercise the opt-out at all. I would love to know how much is being spent in time, in effort and in getting a huge number of civil servants and lawyers to go through the details of all of this, and what the overall benefits would be.
It is absolutely true that, as many Members have said, some of the items under discussion are outdated or irrelevant, and that they simply do not matter. We should weigh that against the massive cost and the time that would be taken in this House and elsewhere in going through them all and making a decision.
George Eustice
I take the hon. Gentleman’s point on board, but is he aware that even the Centre for European Reform, a think-tank far closer to his views on these issues than mine, has said that our continued involvement with these JHA powers should be conditional on a fundamental reform of the European arrest warrant?
Dr Huppert
I agree that the European arrest warrant needs to be reformed. I have said so in many debates in this place. When I was on the Joint Committee on Human Rights, we produced a list of some of the reforms there should be. The European arrest warrant should be fixed and reformed. That is a different question, however, from the one about whether we should exercise this opt-out and go through the complex, tortuous process of opting back in again. I would prefer not to do that. I would prefer to stay as we are. I do not see any measure that actively causes us harm which we plan to get out of, but I accept that that decision has been taken, that the Home Secretary and the Conservatives are keen to exercise that opt-out, and that many of the things we will end up leaving are not very significant measures. I completely accept that and am committed to making sure that we keep the ones that are most essential for the continued protection of British citizens. That is my focus.