EU Police, Justice and Home Affairs

Keith Vaz Excerpts

Wednesday 12th June 2013 Commons Chamber

[Yvette Cooper]

I will give way to the hon. Gentleman, but I must make a bit of progress first.

We have been struggling to find out what the Government are actually doing, and what their position actually is on these important measures. Today’s edition of The Guardian gave us some clues. It states that the Prime Minister is expected to opt into 30 to 40 measures, that a deal is being done by the Chief Secretary to the Treasury and the Minister for Government Policy, the right hon. Member for West Dorset (Mr Letwin), who sits in the Cabinet Office, and that

“the Tories want to opt back in to no more than 29”

so that they can say that they opted out of 100.

“The Lib Dems, who had been pressing for… 70…recently settled on a figure of about 45.

Ministers are planning to split the difference between 45 and 29, meaning the coalition will sign up to about 35 of the measures.”

This, it appears, is a numbers game. It is no way to decide on serious issues that affect the fight against crime and future justice for victims. However, we think it excellent that the Government have handed over negotiations to the right hon. Member for West Dorset. We recall that the last time the Prime Minister tried that, in relation to Leveson, the Cabinet Office Minister came over to our place and allowed us to draft the policy. We are quite happy to do that again if the Government cannot sort it out.

[Keith Vaz (Leicester East) (Lab)]

I realise that my right hon. Friend would quite like the right hon. Member for West Dorset (Mr Letwin) to be involved in these discussions, but I am a bit perplexed by the situation. Such an important question should really involve the Home Secretary. Does my right hon. Friend not agree that the Home Secretary should be there making the deals, rather than the Cabinet Office and the Treasury?

[Yvette Cooper]

I agree with my right hon. Friend. The issue is immensely important and there must be a question about where the Home Secretary is in these discussions. Where is the voice for British policing? Where is the voice for law enforcement? Where is the voice for British victims? If she is not being heard on behalf of the police and of victims, she is letting them down.

Let me consider some of the key measures that the Government are threatening to opt out of. The police have said that the most important to them is the European arrest warrant, which gives them the power to arrest people here who are wanted for crimes back home, gives the courts the power to send them swiftly home to face justice, means that police forces abroad will act to arrest suspected criminals who have fled from justice here and means that courts across Europe can send those suspects swiftly back.

The teacher who ran off to France with a pupil was arrested under the warrant and returned within weeks. The man who tried to blow up the tube at Shepherd’s Bush was quickly returned from Italy. However, as I told the hon. Member for South Northamptonshire (Andrea Leadsom), it took 10 years of legal wrangling to send a suspected terrorist back to France before the European arrest warrant was introduced.

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[Mrs May]

I will move on to the principles that the Government will follow when looking at each and every measure and considering whether to opt back in. In her speech, the right hon. Lady made something of an issue about the timetable and asked why we had not yet come to a decision. I refer her to the remarks of the former Home Secretary, Jacqui Smith, in the debate on the Lisbon treaty in 2008. She said that

“on the whole body of police, criminal and judicial measures that are transferred, it is our decision—six months before that five-year period finishes—as to whether we want to continue in those measures, if they have not been renegotiated or repealed during that time. We will make that decision on the basis of whether continuing in those measures, with ECJ jurisdiction, is in the national interest. We have negotiated the ability to make that decision and we have negotiated that transitional period.”—[Official Report, 29 January 2008; Vol. 471, c. 175.]

That is precisely what this Government are following.

My statement on 15 October last year set out the Government’s approach: we intend to opt out of all police and criminal justice measures that pre-date the Lisbon treaty 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. That remains the Government’s position.

As I explained in a letter to the Chair of the European Scrutiny Committee, my hon. Friend the Member for Stone (Mr Cash), in November last year, we will consider how a measure contributes to public safety and security, whether practical co-operation is underpinned by it, and whether there would be a detrimental impact on such co-operation if it was pursued by other means. We will also consider the impact of each measure on our civil rights and traditional liberties.

[Keith Vaz]

The Home Affairs Committee certainly looks forward to receiving the list when the Home Secretary has it ready. There is a measure on her desk at the moment concerning Europol that is not related to the opt-in/opt-out issue. It is very important that we sign up to it, because it affects the governance of that organisation, and I know that she is a supporter of Rob Wainwright and Europol. Is she now in a position to sign up to that new regulation?

[Mrs May]

The right hon. Gentleman is right that the Commission has brought forward some new proposals relating to Europol. Some parts of the proposals cause concern to the Government, and indeed those of most member states across the European Union, but there will be a debate in this House—at the beginning of July, I believe—on whether the Government propose to opt back into that measure. The scrutiny is continuing, but obviously the Government will make clear our position when the debate takes place.

--- Later in debate ---

[Keith Vaz (Leicester East) (Lab)]

It is a pleasure to follow the hon. Member for Cambridge (Dr Huppert) who, along with other Members of the Select Committee on Home Affairs, will consider the list of opt-ins and opt-outs when the Home Secretary eventually sends it to the Committee, to the Select Committee on Justice and to the European Scrutiny Committee. I agree with a lot of what he said. International co-operation in the EU is vital and Europol and Eurojust are important. I have just returned from a visit to Europol and was very impressed by the work done by Rob Wainwright and his team. I am glad that the Home Secretary is giving the House another opportunity to debate the issue in July before she decides whether to sign the important regulation that will allow us to be part of framing the next steps for Europol.

I congratulate the former Minister, my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier), and the former Home Secretary, my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), on all the work they have done. My thanks go more than to anyone else to the shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), for giving us the chance to discuss this measure in her precious Opposition time—and to do so in prime time, rather than at the end of the day, which is when we normally discuss European issues. I repeat what all other right hon. and hon. Members have said about the importance of data-sharing, of knowing who is coming into our country and who is going out and of ensuring that those who have committed crimes and need to be returned to their country are returned as quickly as possible.

European co-operation also means that if there are problems with certain measures, we should consider them. There are problems with the European arrest warrant, although not with the principle or vision behind the scheme. We certainly need it, for the reasons given by the shadow Home Secretary. The difficulties are that some EU countries are issuing European arrest warrants for fairly trivial offences and at the moment each extradition under the European arrest warrant costs £18,000. The total cost to the British public in 2012 of actioning these warrants was £27 million, and figures from the Council of Europe showed that other European countries made 6,760 extradition requests to Britain in 2011—that is more than 130 a week, representing a 48% rise year on year.

I am not sure whether the hon. Member for Esher and Walton (Mr Raab) will speak in this debate, but since he came into the House he has highlighted the importance of this issue, and other right hon. and hon. Members from across the House have given specific examples of when their constituents have not been, in their view, fairly treated by the operation of the European arrest warrant.

In the same 12 months when the 48% year-on-year rise took place, the United Kingdom made just 205 requests for suspects wanted for crimes here and only 99 were handed over. Poland generates four in every 10 arrest warrants sent to Britain, and there has been an example of someone being extradited back to Poland and charged with stealing a wheelbarrow. I do not know whether that justifies £18,000 of taxpayers’ money, but it seems like a lot of judicial time and expense for something fairly trivial. I am glad that the motion talks about not only supporting the European arrest warrant, but reforming it, because asking individual countries such as Poland to think carefully about what they are doing is extremely important.

[Alan Johnson]

My right hon. Friend is making an interesting speech. Does he accept that one of the problems from Poland is that the Polish prosecution service does not have the discretion not to prosecute? Does he also accept that the work going on within the European Union with Poland has led to a 40% reduction in applications? Their number is still too high, but it is declining.

[Keith Vaz]

My right hon. Friend is absolutely right about that and it explains why part of the process is to talk to these countries and bilaterally engage, not on how they could improve their system, because that would be too patronising, but by explaining the effect their system is having on our country. That is why I welcomed your recent historic visit to Romania, Mr Speaker, when you were the first Speaker of the House of Commons to address the Romanian Parliament in session. The importance of your visit and of the discussions that my right hon. Friend has mentioned is that we can try to persuade other EU countries of the need to co-operate. With Romania, that came through Operation Golf; it came through smashing those gangs that had ensured that so many young Romanian women and men had been trafficked. If we do not have this dialogue, it cannot work.

There are a few months left before this Government bring the measures before the Select Committees. I know that it is the Home Secretary’s decision, but the Under-Secretary of State for the Home Department, the hon. Member for Old Bexley and Sidcup (James Brokenshire), is very assiduous, and I know he enjoys appearing before the Home Affairs Committee—and we enjoy having him—so I say to him that we would prefer that not to be done the week before the House votes, as is sometimes the case. Until I raised the issue of Europol with the Home Secretary she had not replied to my letter and told me that there was going to be a debate on Europol in the first week of July.

I am sorry if I sound like the hon. Member for Stone (Mr Cash)—perhaps I am turning into him—but the issue is that Parliament cannot scrutinise the measures in the European Parliament, and that is why the EU gets such a bad name: we get these measures in the British House of Commons far too late, we do not have enough time to debate them, only the usual suspects turn up at the debate and people think there is something wrong with all of us just because we want to talk about European issues. The best way to avoid that is to let us have this list quickly.

We are deciding on our programme in the Home Affairs Committee and we are going to visit Poland to talk to the Polish chief justice and others, including the judges. These are the people who are issuing the European arrest warrants in such numbers—as I said, 40% of these warrants come from Poland. We can arrange all that only if we know when the list will come to us. I hope that when the Minister winds up we will have a decision on that.

[Several hon. Members]

rose—