Presumption of Innocence and EU Law

Julian Smith Excerpts

Monday 10th February 2014 Commons Chamber

[Mr Vara]

As always, my hon. Friend shows his great knowledge of this area, right up to the minute. He will appreciate that I can speak only for this Parliament, but I hear what he says. I am aware that my officials have been speaking to other Parliaments, but I do not know the position as regards those other member states at this time. He is quite right to suggest that, as far as justice and home affairs issues are concerned, a quarter of all member states need to have tabled a reasoned opinion in order for a yellow card to apply. In other matters, it is a third of all member states. On that note, it is worth noting that the Government wholeheartedly support the role of national Parliaments in supporting this reasoned opinion.

The Commission’s track record in this respect is not a good one. When presented with its first yellow card on the Monti II proposal, relating to the posting of workers and the right to take collective action, the Commission withdrew the proposal. However, it claimed that that had nothing to do with subsidiarity and that there was not the political will to pass the measure. More worrying was the occasion on which this House, the other place and 10 other Parliaments of EU member states issued a yellow card in respect of the proposal for a European public prosecutor’s office. The Commission barely flinched before continuing with its plans.

[Julian Smith (Skipton and Ripon) (Con)]

Does the story that the Minister has just told make him feel that, given the new landscape of the EU, we need to adopt a red card system?

[Mr Vara]

We need to consider a lot of things in terms of our future relationship and, as my hon. Friend will be aware, the Prime Minister has promised a major undertaking on reforming the way forward. It will be for the public to decide, in due course, whether there is a Conservative Government, with a referendum to follow on from that.