Keith Vaz
Main Page: Keith Vaz (Labour - Leicester East)Department Debates - View all Keith Vaz's debates with the Home Office
(10 years, 9 months ago)
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Mrs May
I am sure that I do not need to remind my hon. Friend, given his attention to detail in these matters, that were we not voting and deciding to opt out of the number of measures we are proposing to opt out of, we would find ourselves subject to all these measures, all of which would be subject to the European Court of Justice.
Let me be clear: this should not be a one-off event before usual service resumes. This Government have made sure that never again will a Prime Minister sign away sovereignty in a European treaty without a referendum. We in the Conservative party have made clear our intent to negotiate a new relationship with the European Union which will then be put to the British people in an in/out referendum. Of course, it is too early to be specific about the changes we will seek in that negotiation, but I am clear that the decision to opt out of these justice and home affairs measures in 2014 does not leave us with the ideal settlement—far from it. Significant problems still need to be addressed, such as the interpretation and enforcement of free movement rules, the creative way in which measures agreed by nation states are subsequently interpreted, and the jurisdiction of the European Court of Justice.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Will my right hon. Friend give way?
Keith Vaz
I am most grateful to the Home Secretary. May I thank her for engaging in a fruitful discussion about the motion with me and the Chairman of the European Scrutiny Committee? The Chairman of the Liaison Committee was abroad, so he could not be part of those discussions. Will the Home Secretary confirm that she really needs a vote of the House today in order to start her negotiations? Would it not be far better to have the scrutiny of the Select Committees, for which she allows until 31 October in her motion, and then have a vote that gives her the mandate she seeks?
Mrs May
The point is that this is a two-stage process. It has been made clear to us by the European Commission that it will not start the discussions about certain aspects of our proposals—for example, looking at transitional arrangements—until it is clear that the UK intends to opt out. That is why it is necessary for the Government to exercise the opt-out. In a little while, I will explain the commitments that were made to Parliament, which we are indeed abiding by today, but there will be a second opportunity for Parliament to vote on the number and content of any measures that we seek to opt into. The Government have given their current indication of what we think those measures should be. As our motion says, we look forward to the scrutiny by the European Scrutiny Committee and the two other Select Committees, which will inform our judgment before we enter formal negotiations.
Keith Vaz (Leicester East) (Lab)
It is always a pleasure to follow the right hon. Member for Wokingham (Mr Redwood) on a subject about which he knows so much and speaks with such passion.
My primary interest in contributing to this debate is to talk about the process that has been adopted and speak in support of the amendment tabled in the name of the Chairs of the Liaison Committee, the European Scrutiny Committee, the Backbench Business Committee, myself and others. However, I should also say that it is pretty rare—I am trying to think of a single other such occasion—for many of the Chairs of the Select Committees to come together in this way to amend a Government motion.
Our amendment has had to change over the past 48 hours or so because the Government’s motion changed. I should thank the Home Secretary for engaging with the Select Committee Chairs following her statement to the House on Tuesday. The Government’s original motion did not allow for any scrutiny by Select Committees before a vote of the House. The new motion, which the right hon. Lady tabled on Friday, allows for scrutiny and permits the Select Committees to scrutinise the Government’s proposals so that the House can vote on the matter at the end of October.
I say “permits the Select Committees”, but throughout the process the Government have always said that scrutiny by the Select Committees was of paramount importance in dealing with this issue. In fact, in a letter to the Chair of the European Scrutiny Committee on 15 October 2012, Lord Boswell said:
“This Government has done its utmost to ensure that Parliament has the time properly to scrutinise our decisions relating to the European Union and that its views are taken into account.”
On 20 January last year, the Minister for Europe said this in a written statement: “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 was therefore very surprised, when I heard the Home Secretary’s statement on Tuesday, to find that the Select Committees had, in a sense, been shunted to one side and not been given the opportunity to scrutinise the Government’s decision.
I accept that this is a long and difficult process. Anyone who has served as Minister for Europe—I see quite a few former Ministers for Europe dotted around the Chamber—will know that dealing with the European Union is not a piece of cake. It takes a huge amount of time and effort to get one’s negotiating stance together, especially when one is putting forward a view that will not be accepted by our European colleagues. However, if the Government have had a long discussion about these matters, the Home Secretary can expect the Select Committees to want to scrutinise them. The Justice, Home Affairs and European Scrutiny Committees all have right hon. and hon. Members—I see here the hon. Members for Rochester and Strood (Mark Reckless) and for Cambridge (Dr Huppert) and my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe)—who are seeking to ensure that their views are put forward.
As a result of the Government’s decision last Tuesday, of which we had absolutely no notice, we have had to change the business that the Committee had agreed in order to pursue this when we come back in September. There will be only two sitting weeks in September to scrutinise every one of these proposals. Then there is the natural break for the party conferences, and the House will also come back for two weeks in October. By and large, Select Committees, sit once a week. Their members are very reluctant to sit more than once a week because they are all assiduous Members of this House who have other things to do, usually serving on other Committees. That means that if we devote all our time to this cause, we will have just four sittings in which we can scrutinise the proposals.
As the Home Secretary knows, a lot of business is going on in the Home Office. I do not have to tell her that, because she is one of the most active Home Secretaries making structural changes to how policing, immigration and counter-terrorism are dealt with. She has set the Select Committee on Home Affairs a huge amount of work over the past three years. We will have to put that to one side in order to spend our time scrutinising these proposals. I am sure that that will also apply to members of the other Committees.
Today’s motion still does not give us enough time. There is not enough time before 31 October to be able to do justice to the kinds of things that the right hon. Member for Wokingham talked about—not just individual matters but fundamental issues of principle. However, we will do our best. As I promised the Home Secretary last week when I met her, the Home Affairs Committee, subject of course to the views of its members, will have a report for her by the end of October, but to do so by then will be extremely tough.
My question to the Home Secretary is this: why should we have a vote tonight, given that we got these proposals only on Tuesday last week? What is the point of asking the House to deliberate on these matters before the Committees have had the opportunity to discuss and to scrutinise them? She says that she needs a mandate in order to be able to show the Commission that the House is prepared to opt out.
Mark Reckless
Is not the motion somewhat confused between two distinct issues: first, whether we should exercise the block opt-out; and secondly, what we may or may not then want to opt back into? Would not the right thing to do tonight be just to vote on the block opt-out, as per the amendment that I believe the right hon. Gentleman has tabled with the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith)?
Keith Vaz
The best course of action would have been to take note of what the Government have done without making a decision as that would have given the whole House an opportunity to come to a view that these matters need to be scrutinised.
Of course, we need to opt out of some of the measures, for the reasons given by the hon. Member for North East Somerset (Jacob Rees-Mogg), the shadow Home Secretary my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and others. Some of the measures are obsolete and, to be frank, I did not know that until I heard about it today. I have not had the chance to look through the measures and I am not sure that every other Member has, either.
I would have preferred a take-note motion and not a Division over something that I think the House as a whole supports: the need for us to look again at European legislation and to decide very carefully whether or not we want to opt into some of the measures again. The Home Secretary has missed that opportunity so, sadly, we will divide, which I think will send mixed messages to the European Union about what this House really intends.
I have a point of substance about the European arrest warrant. I have heard what my right hon. Friend the shadow Home Secretary has said, but I am concerned about the way in which the warrant operates. I am particularly concerned about those cases mentioned by right hon. and hon. Members that highlight the disproportionate way in which other countries deal with it compared with what we do. We have more surrenders than arrests and it is better for our European partners than it is for us, according to Home Office statistics.
I accept all the cases that have been mentioned by my right hon. Friend the shadow Home Secretary and the Home Secretary; I think the Front Benchers agree on them. On the very serious cases, we need co-operation with our European partners. It would not be practicable to negotiate with each one.
The problem, however, rests with the judiciary in some of these countries, including Poland. So many of the cases in this country relate to Poland and are very minor. I read of someone who had the European arrest warrant issued against him because he had stolen a wheelbarrow. Another person who gave false information when obtaining a loan of only £200 from a Polish bank has also been subject to the European arrest warrant. Our courts are being clogged up because of judicial decisions. I had hoped that our Committee could have gone to Poland to meet its chief justice to try to understand exactly why this is happening, but we will not have the time to do that now, because this House goes into recess in four days’ time and we will not be back until September.
Mr Cash
I am grateful to the right hon. Gentleman for the way in which he is making the very important case for our mutual amendment. Does he accept that one of the real problems is not just the question, as the Home Secretary has said, of whether our own laws would be involved and whether we would be able to make appropriate amendments in this House, but that the definition of judicial authority is absent from the European arrest warrant? I suspect that that is the reason why it is so difficult to deal with the examples the right hon. Gentleman has given. It is a question not of whether we can amend the laws in this House, but of whether the European arrest warrant itself does the job of creating proper judicial authorities.
Keith Vaz
The hon. Gentleman is absolutely right. I want to give the Home Secretary the benefit of the doubt. The proposals she has announced today may represent the right approach to deal with the issues raised by the hon. Member for Esher and Walton (Mr Raab) and others, and her amendments to domestic law may be sufficient, but we do not know whether that is the case, because we need time to consider her proposals. Unless there is engagement with the judiciary in other countries, anything we do in our domestic law will, to be frank, not make any difference.
George Eustice
I understand the right hon. Gentleman’s point, but the Government also need time to negotiate these opt-ins if they are to get them right, so the longer his Committee has to deliberate on these matters, the more difficult it makes it for the Government. I am on the Environment, Food and Rural Affairs Committee and we frequently meet twice a week. This is a very important issue, so could his Committee not just commit, for this short period, to that extra day a week in order to get the job done effectively?
Dr Huppert
I thank the Chair of the Select Committee for giving way. Just to show that we are indeed doing the work, perhaps he could put that point to us on Wednesday, as we are also meeting then. We are meeting twice a week at the moment, and we can continue to do so.
Keith Vaz
The hon. Gentleman is one of the most assiduous attenders of the Home Affairs Select Committee, and yes, we are meeting twice this week. Tomorrow, we are taking evidence from the Home Secretary. The perfect time for us to begin our inquiry would have been the point at which she gave evidence to the Committee, but before having this vote. I can give her notice that we will be asking her about these matters tomorrow, although I am sure that she knows that already, bearing in mind the composition of the Committee. That is the approach we should have taken. There is no need for this mad rush or for instant decisions. Why do we need to rush this through the House and get it all over with before the summer recess? I see no reason to do that, given that we have until 1 December 2014 to vote on the matter.
Steve McCabe
Has my right hon. Friend reflected on what it would do to the Home Secretary’s credibility if she were to press on with telling Europe what she was going to opt back into, only for the Select Committee and the House subsequently to come to a different view? Would not that entirely undermine her negotiating position?
Keith Vaz
My hon. Friend is absolutely right. It is nonsense to suggest that the other member states of the European Union somehow do not know what happens in this House, do not read Hansard, do not have access to BBC Parliament and therefore have no idea what the Home Secretary has done so far, and that all this will come as a total surprise to them on 31 October. Of course everyone is aware of where the Home Secretary stands. UKRep has been prepared for the negotiations, and everyone knows what this Government want to opt into and out of.
We have here an opportunity for the House to move in one direction, just as we did on the private Member’s Bill that was introduced by the hon. Member for Stockton South (James Wharton). No Member voted against his Bill. That sent a clear message to the country and to the rest of the EU that something had to be done on EU reform. Similarly, we could send one strong, powerful message if we did not have a vote today. I hope that, having listened to this debate, the Home Secretary will accept the amendment that has, most unusually, been tabled by most of the Chairs who sit on the Liaison Committee. That would strengthen her hand enormously in the negotiations.
Chris Grayling
Both the Home Secretary and I have had extensive conversations with other member states and, of course, the proportionality test we are introducing is very similar to the one that exists in the law of Germany and one or two other member states. The hon. Gentleman has very full of knowledge of the conversations I have had in Brussels, but I have to say to him that not all the information he has come up with reflects truly the conversations I have had. What he needs to remember, which he seems to have forgotten in all of this, is that we need the collaboration of the Commission and the other member states simply to agree the process. That is why we are voting tonight. We are doing so in order that some of those process discussions can begin and we can get on with the job of making the transition possible and, so we do not leave the kind of gap he is talking about.
Chris Grayling
No, I am going to make progress as I am running out of time.
We are here tonight because the Labour party broke a promise. It said it would give Britain a say on the Lisbon treaty; it then denied that to the country. This is actually the only chance we get to say no to a part of the European treaty—the Lisbon treaty—and let me remind Labour Members that if they walk through the Division Lobby tonight, they will be voting against that opt-out. They will be voting against what they themselves negotiated, and if they vote that way tonight, we will remind them again on doorsteps up and down this country. We will tell every Eurosceptic voter up and down this country what they have done—that they are voting for a federal European justice system and not in the interests of this country.
To my Liberal Democrat colleagues I say that the list of measures we have agreed, and which we will have debated by this House, represents a sensible balance of the different views in the coalition and represents what it is in the national interest to do.
To my Conservative colleagues, I say simply this: everyone knows my position on matters European—I believe that Britain’s position in the European Union needs, at the very least, to change pretty radically—but I strongly believe that this set of proposals on which we are voting tonight is the right one for Britain. If we do not exercise this opt-out, we will be trapped in yet another part of the conveyor belt towards an ever-closer Europe. As a party we should see this as a marker of the renegotiation that will come after we have won a majority in the next general election; it will be part of a process of bringing powers back to this country, which we desperately need to do, and of restoring a position that is right for the United Kingdom. But tonight’s vote is about whether or not we exercise the opt-out that the Labour party rightly negotiated—an opt-out that is clearly in the interests of this country. It is so essential that we act in the interests of this country tonight. So I call on all colleagues from all parts of the House to vote to exercise this opt-out and to do the right thing in the interests of this country.
Amendment proposed: (c), leave out from ‘House’ to end and add
’believes the UK’s notification to the Council, Commission and Presidency to opt out of all EU police and criminal justice measures adopted before December 2009 can only be made once the Council and Commission have committed to the UK’s ongoing participation in the European Arrest Warrant, the Schengen Information System II, Joint Investigations Teams, EU Council decision 2000/375/JHA on combating internet child pornography, EU Council decision 2002/348/JHA on international football security co-operation, exchange of Criminal Records, Europol and Eurojust, which will form part of the Government’s formal application to rejoin the measures in Command Paper 8671 in accordance with Article 10(5) of Protocol 36 to the TFEU.’.—(Chris Bryant.)
Question put, That the amendment be made.