John Bercow
Main Page: John Bercow (Speaker - Buckingham)Department Debates - View all John Bercow's debates with the Home Office
(9 years, 12 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Pete Wishart
On a point of order, Mr Speaker. In your ruling, you made it clear that reference to the European arrest warrant was to be made only in passing. The Home Secretary has been speaking about the European arrest warrant for the past 10 minutes. Is that not in total contravention of what you ruled earlier?
Mr Speaker
I said in my statement that I intended to offer latitude, so that the matters of which the House wishes to treat may be properly aired. I appreciate the hon. Gentleman’s intentions in seeking clarity from the Chair, but nothing I have heard so far has conflicted with that. I intended—and I intend—pragmatically to handle matters from where we are, which, as I think we all agree, is sub-optimal.
Mrs May
Our reforms have also clarified the rules on dual criminality to ensure that an arrest warrant must be refused if all or part of the conduct for which a person is wanted took place in the UK and is not a criminal offence in this country. The National Crime Agency is now refusing arrest warrants where it is obvious that the dual criminality test has not been met. It has done so nearly 40 times since our reforms came into force in July. Under the old arrest warrant, people were being detained for long periods overseas before being charged or standing trial. We have changed the law to require that a decision to charge, and a decision to try the person, has been made in the requesting country before they can be extradited.
Mr Speaker
Before I allow the intervention of the hon. Member for North East Somerset, we have a point of order.
Chris Bryant
“Erskine May” says that if a Member prays in aid a document, they must be prepared to submit it to the House. The hon. Member for Ipswich (Ben Gummer) prayed in aid documents that apparently came from the Government Whips. Surely they should be made available to the House.
Mr Speaker
It is not as simple as that. The ruling refers to state papers, and I do not honestly think that some document circulated clandestinely or otherwise as a result of the wishes of Her Majesty’s Government Whips Office necessarily constitutes a state paper. It is probably just some piece of advice or other material being lobbed around the Chamber. It does not have a hallowed status.
Chris Bryant
Further to that point of order, Mr Speaker. I think state papers would normally include anything prepared by a civil servant for a Government Minister. I am sure that the papers to which the hon. Member for Ipswich referred were such.
Mr Speaker
I have not seen the document in question, although it may be presented at some point. At this stage, all I am saying is that it is not obvious to me that a state paper is at stake or that the hon. Gentleman has suffered any detriment. We will leave it there. I think that the right hon. Lady was about to take an intervention from Mr Jacob Rees-Mogg.
Jacob Rees-Mogg
My hon. Friend the Member for Ipswich (Ben Gummer) quite understandably does not read his communications from the Whips Office with care and attention. Had he read section 4 of the document on today’s business, he would have found that it said:
“We then move to a motion to approve the draft Criminal Justice and Data Protection (Protocol No. 36) Regulations, which includes the European arrest warrant.”
I hope I have been able to clear up this matter.
Yvette Cooper
I have to tell the Home Secretary that this puts the House in an extremely difficult position. She has effectively said that Ministers are just going to make it up. The Speaker has been very clear that this motion does not include a vote on the European arrest warrant. The right hon. Lady has said that she is going to reinterpret this in any way she chooses. That is an irresponsible way in which to treat this House. If she brings this motion back tomorrow, with all 35 measures included, we will support it. We will work with the business managers, we will support it, we will vote for it. Then there would be no doubt that we had categorical support for all 35 measures. The Home Secretary should do that tomorrow. We will get it through—there is plenty of time. Will she do that tomorrow?
If the Home Secretary will not do that tomorrow, she is playing fast and loose with the criminal justice system and fast and loose with this Parliament. On that basis, Mr Speaker, I think we need further debate now, and to return to the issue tomorrow. We have loads of time tomorrow. There is plenty of time for the Home Secretary to do this tomorrow. We could get it all in place. On that basis, I move that the Question be not now put.
Mr Speaker
Order. The question is, that the Question be not now put. As the Previous Question is an unusual procedure, addressed on page 404 of “Erskine May”, I ought to explain the effect of so deciding. I should perhaps first make the point that the question is debatable. If the previous question is agreed to, the draft regulations will not be further considered at this sitting. If the previous question is negatived, the Chair will be required to put the question on the draft regulations straight away, with no further debate. Only if the previous question is withdrawn can the House continue to debate the regulations. As usual, withdrawing the previous question would require the unanimous assent of the House. I repeat, for the sake of clarity and the benefit of Members, that the question is, that the Question be not now put.
Mrs May
Thank you, Mr Speaker. I understand that your clarification meant that it was now possible for speeches to be made in relation to the question that has now been proposed, which is that the question should not now be put. In that case, I am very happy to speak, and other Members may wish to do so as well.
Mr Speaker
Order. Let me say, for the avoidance of doubt, that that is perfectly orderly. I did say that the question was debatable. No Member appeared to be standing, and Members seemed to be expressing a will to reach a decision by making their voices heard. However, the Home Secretary is perfectly entitled to speak on the matter, and she will now do so.
Jacob Rees-Mogg
On a point of order, Mr Speaker. The matter is, of course, debatable, but what is debatable is whether or not the Question be not now put, rather than the merits of what we have previously been debating.
Mr Speaker
I think that the context is germane to the question of whether the motion be approved, or not approved, as the case may be. I therefore think that an excessively narrow interpretation would be wrong. I think it only right for the Home Secretary, if she wants to speak to the Question that the Question be not now put, to have an opportunity, in an orderly way, to make her case. Let me now hear what I hope will be an orderly account.
Mrs May
Thank you, Mr Speaker. I am grateful for your ruling on what matters are relevant to the speech that can be made in relation to the question that has now been put.
The motion is about whether or not we should vote on the regulations that are before the House today. As I have made very clear, we put those regulations before the House today because of the timetable with which we are dealing in relation to ensuring that we are able to opt back in to the measures that we need to opt back in to by the requisite date—1 December—if we are to ensure that there is no operational gap.
Sir William Cash
As my right hon. Friend will know, the European Scrutiny Committee has considered all these matters carefully. If, as is the normal course of events, we were debating a Bill rather than what is provided for by the Lisbon treaty, all 35 of these measures would be before us in the form of separate clauses, and amendments would have been tabled. What we have been debating, however, is a non-amendable motion. Is my right hon. Friend aware that the Home Affairs Committee itself said that there must be a separate vote on the European arrest warrant? How does she reconcile what she said this afternoon—and, indeed, what she is saying now—with the fact that there will undoubtedly be no vote on the European arrest warrant, although several Select Committees have said that there should be?
Mr Speaker
I would have called the hon. Gentleman to speak on this proposition in due course, but I have a feeling that he has already done so. So be it. I call the Home Secretary.
Mrs May
Thank you, Mr Speaker.
As I made clear earlier, I am well aware that my hon. Friend the Member for Stone (Sir William Cash), as Chairman of the European Scrutiny Committee, and his colleagues who chair the Justice and Home Affairs Committees, have indicated their wish for separate motions and separate debates on particular parts of the measures, including the European arrest warrant. However, I have also made clear that the Government put the regulations before the House today so that the House could see the legislative process that would be put in place. There is no requirement in legislation for any measure to be put in place for us to remain party to the European arrest warrant.
Mr Speaker
Order. May I say something for the sake of clarity? I do not dissent from what the Home Secretary has just said, but what I said, quite specifically, was that if the previous question were agreed to, the draft regulations would not be further considered at this sitting. I did not say, and I am not contending, that debate on these matters will be over for good. I am simply saying that the debate on the regulations would be over for today. It would of course be open to the House, which is in control of these matters, to have that debate on a subsequent day if it wished.
Lady Hermon
May I take this opportunity to remind Members on both sides of the House that we in Northern Ireland face an unusual threat? [Interruption.] May I ask Opposition Front Benchers to keep quiet for a moment?
The situation in Northern Ireland is very serious. Dissident republicans—the Real IRA, or whatever they want to call themselves—hide beyond the border in the Republic of Ireland. They come into Northern Ireland, and they murder people. We had a prison officer murdered two years ago, on 1 November. If his widow and his family were aware that we are jeopardising the possibility of these measures coming into force, they would be deeply concerned, as I am. Let me say to Members on both sides of the House that we must make absolutely sure that there is no time gap between these measures, which we have all agreed that we support, and the debate in the House.
Mr Speaker
The hon. Gentleman can do so, but it is for the Chair—[Interruption.] No, no other debate is required, as has politely been suggested from a sedentary position. It is for the Chair to decide whether to accept what is effectively a closure motion, and the answer to the hon. Gentleman is that at this rather early stage in debating these particular matters—the previous question—I do not accept the closure motion. We are in the middle of a speech by the Home Secretary and there may be other contributions. A former senior Cabinet Minister wishes to contribute and possibly other Members, so I would take a view on that matter in due course, but not now.
Sir Tony Baldry
On a point of order, Mr Speaker. Is it in order for the House to ask you to say how many hon. and right hon. Members have written to you asking whether they might catch your eye in this debate, so that if this motion is agreed the House will know how many hon. and right hon. Members will have been prevented from contributing to the substantive debate we were having before the shadow Home Secretary moved her motion?
Mr Speaker
The answer is that a considerable number of Members have applied to speak in this debate. If memory serves, approximately 20, possibly slightly more, wished to speak in the debate as a whole, not in the debate on the previous question—obviously I have had no written applications on that, because it has only just been introduced. On the overall debate today, I had approximately 20 requests to speak. If those Members do not have the opportunity to do so, they will be denied the opportunity today, but they would not, of course, be denied the opportunity subsequently.
Bill Wiggin
My hon. Friend is quite right, but this case gets a lot worse. This man was then held in a Madrid prison while an appeal against his extradition was submitted. The Foreign Office sent a letter to the Spanish authorities saying that, unless the Romanians were willing to ensure that a retrial took place, they should decline Romania’s request to have him extradited. No such assurance was given, but on 14 May 2007 he was taken back to Bucharest where he spent a further 21 months in prison, enduring horrendous conditions which fell considerably short of the minimum required by members of the EU. Most importantly, the Spanish constitutional court, following the Foreign Office request, upheld the appeal against extradition—
Mr Speaker
Order. These are matters of judgment and degree, and I have been listening carefully to the hon. Gentleman. In the debate on whether the question be not now put, it is perfectly reasonable for Members on either side of the argument to put their case with reference to matters that they think either do or do not require immediate resolution by the House. Where the hon. Gentleman strays somewhat beyond the legitimate parameters of this debate is when he starts to go into great detail, which he is now doing, of the particulars of the matter of the EAW or some other policy matter. That he should not do, and I am clear in my mind, upon receipt of suitable advice, that it would be unwise—I know the hon. Gentleman applied to me to speak in the main debate—for him simply to read out the speech that he would otherwise have made as though the motion moved by the shadow Home Secretary had not been moved. The hon. Gentleman might not have wanted it to be moved, but it has been moved, and he needs to display—dare I say it—a deftness of touch and an adaptability in terms of footwork.
Bill Wiggin
I am most grateful for your guidance, Mr Speaker. I have been at pains to avoid mentioning anything that might fall outside the motion—[Interruption.]
Mr Speaker
What I would say to the hon. Gentleman is that it is very difficult to interpret the precise will of the House on these matters without notice. I am alert to the argument for closure, which is what he is seeking, but several other Members have been standing—[Interruption.] Order. Therefore, I am quite open to the case for closure after a reasonable interval, but I would like to see whether, when the hon. Member for North Herefordshire (Bill Wiggin) has concluded his speech—before it becomes even more disorderly—there are other hon. Members still seeking to catch my eye. If there are, and if my assessment is that they are likely to want to make orderly speeches, I might wish to hear them. If the hon. Gentleman is hopeful that closure might be accepted before too long has passed—I leave the House to consider what constitutes “too long”—he may not be disappointed.
Bill Wiggin
I am sorry that I read some of my speech, Mr Speaker, and will leave it there so that you will not feel that I have strayed again. My purpose in speaking in this debate is that, as you have ruled that we are not debating something that we wanted to debate, I wanted the Home Secretary to hear of the specific injustices suffered by my constituent. I would have been able to read those out, but now I will not. Luckily for the House, I will not take a great deal more time. My constituent was told that he was not going to be extradited, but he was extradited on the day that the Spanish court decided that it would not allow that. I think that we need to be allowed to continue this debate—
Mr Speaker
Order. Ignoring the instruction of the Chair does not cease to be ignoring the instruction of the Chair just because it is done politely and with a charming smile. I think that the hon. Gentleman is concluding his speech—his peroration is being reached, and may even have been concluded.
Bill Wiggin
Therefore, I hope that we will not rush to vote on this important matter, because there are serious cases. My constituent did not get legal aid to allow him to clear his name. Until we get the justice element right, we should not allow debates such as this to be curtailed too speedily.
Steve Baker (Wycombe) (Con)
I support the previous Question. To listen to some of the right hon. and hon. Members who have spoken, one would think that it destroyed our democracy, that it threatened our democracy or that it was bad for this debate. Not a bit of it. Of course the substantive question is a matter of the first importance to justice, security, our international relations, our constitution and the democratic control of power.
In a moment we will have a chance to answer the question, “Are the Government asking the House the right questions?” I urge everybody to vote Aye and send the Government back to reformulate the question, come back to the House and ask us the right questions about matters of the most grave importance. The motion—the previous Question—is not a motion to destroy our democracy; it is a motion to save it, and I commend it to the House.
Mr Speaker
As the previous Question is an unusual procedure, I think I ought to repeat to the House the effect of this motion, because several Members have come up to me, quite understandably in this unusual situation, somewhat uncertain about what is at stake and what the implications of a particular course of action are. Let me try to help.
If the previous Question—that is, the motion put by the shadow Home Secretary at, if memory serves me correctly, 7.1 pm is agreed to—the draft regulations introduced by the Home Secretary will not be further considered at this sitting. That is to say, they will not be further considered tonight. If the previous Question is negatived—that is, the right hon. Lady’s motion is defeated—the Chair would be required to put the Question on the draft regulations straight away, without any further debate.
Lastly, before I put the Question, I can say to the House, with reference to an inquiry at a very senior level that has just been put to me, that yes, of course, if the House wishes to debate a motion or a set of motions of a similar or a different character, or a combination of similar and different characters, tomorrow, it is perfectly at liberty to do so. I am not saying it should do so; I am not saying any such thing. That is not for the Chair, but the House would be at liberty to do so with an emergency business statement to explain the change of business.
I hope it is clear what the implication of agreeing to the previous Question is—no further consideration of the draft regulations tonight. If the motion is rejected, the draft regulations would have to be put to the vote without any further debate. And yes, the matters can be treated of by the House tomorrow if colleagues wish to do so. My role is simply to facilitate the will of the House. Is that clear?
Yvette Cooper
On a point of order, Mr Speaker. Can you confirm that the House will now move to vote on the 11 measures that the Home Secretary has put forward, which we support? Have you had any indication from Government Front Benchers, in the light of the speeches made in all parts of the House today, that they will come forward with a vote tomorrow on the remaining 24 measures?
Mr Speaker
I am grateful to the right hon. Lady for her point of order. As I indicated in my explanatory statement before this vote, in which I sought to explain to the House the implications of different courses of action, I had been approached about debating some matters tomorrow, and I explained what was possible, but no determination was communicated to me by Government on that matter. In the circumstances, therefore, the proper course is to proceed to the next vote, which flows naturally from the defeat of the first motion. I therefore now need to put the Question on the draft regulations straight away without any further debate.
Original Question accordingly put.