2014 JHA Opt-out Decision

Debate between George Eustice and Julian Huppert

Monday 15th July 2013 Commons Chamber

[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.