European Justice and Home Affairs Powers

Ian C. Lucas Excerpts

Monday 15th October 2012 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

May I start by apologising to the shadow Secretary of State for the fact that she received a copy of my statement late? On one occasion, when I was shadowing Stephen Byers and he was due to make a statement in the House, I was in a similar position, so I know the difficulties that the situation causes.

Under the terms of the Lisbon treaty, the Government are required to decide by 2014 whether we opt out of, or remain bound by, all the EU police and criminal justice measures adopted prior to the treaty’s entry into force. Under the treaty, the Government are required to make a final decision by 31 May 2014, with that decision taking effect on 1 December that year. Although that might seem a long way off, the process of decision making, as with many EU matters, is complicated. We wish to ensure that, before that point, we give the House and the other place sufficient time to consider this important matter.

In total, more than 130 measures within the scope of the decision are to be considered at this stage. A full list of the measures was provided to the House on 21 December last year and a further update was given on 18 September this year. The Government are clear that we do not need to remain bound by all the pre-Lisbon measures. Operational experience shows that some of the pre-Lisbon measures are useful, that some are less so and that some are now, in fact, entirely defunct.

Under the terms of the treaty, however, the UK cannot pick and choose the measures from which we wish to opt out; we can opt out only en masse and then seek to rejoin individual measures. So I can announce today that the Government’s current thinking is that we will opt out of all pre-Lisbon police and criminal justice measures and then negotiate with the Commission and other member states to opt back into those individual measures that it is in our national interest to rejoin. However, discussions are ongoing within the Government and therefore no formal notification will be given to the Council until we have reached agreement on the measures that we wish to opt back into.

This Government, more than any other before them, have done their utmost to ensure that Parliament has the time to scrutinise properly our decisions relating to the European Union and that Parliament’s views are taken into account. I assure the House that the 2014 decision will be no exception. As the Minister for Europe has already told the House, the Government are committed to a vote on the matter in both this House and the other place. We are also committed to consulting the European Affairs, Home Affairs and Justice Committees, as well as the European Scrutiny Committee and the House of Lords European Union Committee, on the arrangements for the vote.

I fully expect that those Committees will want to undertake their own work on this important decision. The Government will take account of the Committees’ overall views of the package that the UK should seek to apply to rejoin. So that the Government can do that, I invite the Committees to begin work, including gathering evidence, shortly, and to provide their recommendations to the Government as soon as possible. The Government will then aim to bring forward a vote in both Houses of Parliament. The time frame for the vote will depend on progress in our discussions with the Commission and Council. An update will be provided to Parliament early in the new year on when we can expect the vote to take place.

I hope that today I have conveyed to the House not only the Government’s full commitment to holding a vote on the 2014 decision in this House and the other place, but the importance that we will accord to Parliament in the process leading up to that vote. I am sure that all parties will want to work together to ensure that the final decision is in the UK’s national interest. It is in the national interest that the Government have taken this decision, and I commend this statement to the House.

[Ian Lucas (Wrexham) (Lab)]

If a series of measures are opted out from, will those measures be able to be considered under the question of whether there will be a referendum on European powers?

[Mrs May]

The powers that we are talking about and the arrangements for the opt-out are not subject to the powers that have been taken in the Act in relation to European referendums.