European Investigation Order

James Clappison Excerpts

Tuesday 27th July 2010 Commons Chamber

[Mrs May]

I absolutely agree with my hon. Friend’s point. In response, I would simply cite a case of drugs trafficking that was drawn to my attention in which the failure to execute an MLA request resulted in a misleading picture being presented to the jury of the strength of the prosecution case. As a result, evidence that might have exculpated the UK defendant was not available in time for the trial. That case alone explains why we want to sign up to the EIO.

[Mr James Clappison (Hertsmere) (Con)]

May I congratulate my right hon. Friend on coming to the House to make this statement? It is no fault of her own, but nevertheless deeply unfortunate, that neither the European Scrutiny Committee nor the House of Commons has had the opportunity to consider this document. I urge her, when she comes to consider the detail of this proposal and future proposals of the same nature—which I believe may well appear—to be on her guard against the undoubted attempts of certain quarters in the European Union to build a common European judicial and legal system, and to use any means to hand as a building block towards that purpose. Will she be on her guard against that? In those circumstances, I believe that she would indeed be capable of saying, “No, no, no.”

[Mrs May]

I can assure my hon. Friend that I will be on my guard, as will other members of the Government. We have made it clear that we are considering on a case-by-case basis all issues arising under the justice and home affairs remit of the EU. As I have said to the House, I believe that in this particular case it is in the national interest to opt in, but on other occasions we will opt out. So we take the issue that he raised very seriously.