Pete Wishart
Main Page: Pete Wishart (Scottish National Party - Perth and Kinross-shire)Department Debates - View all Pete Wishart's debates with the Home Office
(11 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs May
I have been extremely generous to Members. I may be prepared to take some interventions later in my speech, but I want to make some progress.
Before I took a number of interventions, I mentioned the European Court of Justice. I also want to refer to the European Court of Human Rights, which contradicts laws passed by our Parliament, overrules judgments made by our courts, and interprets the articles of the original convention on human rights in an expansionist way. That is totally unacceptable. I therefore believe that we also have to consider very carefully this country’s relationship with Strasbourg as well as our relationship with Brussels. Indeed, my right hon. Friend the Justice Secretary is working on that particular issue.
Before I turn to the policy detail of the 2014 decision, I want to address the role of Parliament in making it. I know hon. Members have had some concerns about this, and I hope I can provide some reassurance, including to my hon. Friend the Member for Stone, the Chairman of the European Scrutiny Committee, about the process we will undertake.
Under the terms of the Lisbon treaty, which the previous Government signed in 2007, the United Kingdom has until 31 May 2014 to decide whether to opt out of about 130 justice and home affairs measures covered by the treaty. If we do, the opt-out will come into effect on 1 December 2014. As I have indicated in response to earlier interventions, it is not possible to opt out of individual measures. The opt-out must be exercised en masse, after which we may seek to rejoin any measures in which we would like to participate. This would be subject to negotiation with the European Commission and other member states. As I confirmed in my statement last week, the Government intend to exercise the opt-out. We then plan to seek to rejoin a limited set of measures that underpin practical co-operation in the fight against crime.
The Government have always said that we will give Parliament time to scrutinise that decision properly. In his statement in January 2011—
Mrs May
I have not explained the point yet, so I suggest that the hon. Gentleman waits to hear what I am going to say.
In his statement in January 2011, the Minister for Europe, my right hon. Friend the Member for Aylesbury (Mr Lidington) said:
“Parliament should have the right to give its view on a decision of such importance. The Government therefore commit to a vote in both Houses of Parliament before they make a formal decision on whether they wish to opt out.”—[Official Report, 20 January 2011; Vol. 521, c. 51WS.]
Today’s vote is the fulfilment of that commitment. It is, as the wording of the motion makes clear, the vote on whether the Government should exercise the right to opt out. The decision about which measures the UK should seek to rejoin is separate, so there will be a second, separate vote on that matter. We have published that set of measures, along with explanatory memorandums, in Command Paper 8671, last week.
Pete Wishart
I am grateful to the right hon. Lady for finally giving way to a Member from a minority party—the hon. Member for Belfast East (Naomi Long) is waiting too. The Home Secretary has said on several occasions that she is speaking on behalf of the whole United Kingdom when it comes to these measures, but she will know that there is great unhappiness in the Scottish Government, Police Scotland, and the whole legal profession about this opt-out. Why was there so little consultation with the Scottish Government, why did they know nothing about this until last week, and why is she indulging in such UKIP-ery?
Yvette Cooper
My hon. Friend is right that that is what it looks like. Why else would there have been such late notice that we were going to have this debate at all today? We have had plenty of discussions over many months about the European arrest warrant and the opt-in, opt-out process. Everybody has known that this was coming, so why was this the subject for an emergency business statement? We have had very few emergency business statements in this Parliament, yet this somehow qualified for one. That raises questions as to whether this was about political party management rather than having proper respect for the House.
Pete Wishart
Can we clarify the Labour position? Would Labour opt out of the EU policing and human affairs chapters if these conditions were met? Would the Labour party opt out of these measures?
Yvette Cooper
I am going to come on to the substance because our view is that we should not be opting out without proper guarantees and assurances in place about the key measures we think it is vital to be opted into.
Let me turn to the substance of the plan. Clearly, without time for scrutiny it is hard for the House to take a view on the mix of measures and the overall plan. I welcome the Home Secretary’s proposal to opt back into some of the measures, and I am glad she has ignored the Eurosceptic voices and has chosen to support the European arrest warrant. She is right about the seriousness of the cases in which it has been applied, and to support the arrest of Arunas Cervinskas, returned from Britain to Ireland after his attempted rape and serious assault of an 18-year-old girl, and the arrest only a few days ago of Mark Lilley, who was found hidden in a luxury Spanish villa after 13 years on the run for drug smuggling and dealing. He will soon be back in the UK to face his long prison sentence. Then there is the example that the Home Secretary used last week and again today of Hussain Osman, who was extradited back to the UK, after attempting to blow up a tube train, in less than two months. She is right to say that we cannot go back to the days when it took 10 years to extradite a terror suspect to France or when it took 11 years to get Ronnie Knight back from the costa del crime.
I am glad, too, that the Home Secretary has ignored the Eurosceptic voices and decided to support joint investigation teams; she has decided to support Operation Golf, in which 126 suspects from a Romanian crime gang were arrested for benefit fraud, money laundering and child neglect, and more than 270 trafficking victims were saved. We cannot go back to the days when foreign crime gangs were untouchable, allowed to damage our society or cause serious harm to victims. So I am glad that she has decided to ignore the Eurosceptic Back Benchers—to ignore the Fresh Start group—and instead to agree with the arguments made by Labour Members, by the police and by the Liberal Democrats.
I am glad, too, that the Home Secretary has accepted the exchange of criminal records, Eurojust, the co-operation to protect personal data, the co-operation to combat child pornography and measures on football hooliganism. She has come a long way since the Prime Minister described the European arrest warrant as “highly objectionable”. I am very pleased that the Home Secretary and the Prime Minister have done a U-turn on this; it is a shame that it has taken them so long.
Let me turn to some of the measures that the Home Secretary wants to opt out of—again, it is very hard to take a view without full scrutiny of the measures that the Government have set out.