European Union (Referendum) Bill

Debate between Steve McCabe and Martin Horwood

Friday 8th November 2013 Commons Chamber

[Martin Horwood]

Heaven forfend that I should question the selection of amendments once again, having been appropriately chastised at the beginning of the debate.

I apologise to the hon. Member for Ilford South (Mike Gapes) if I suggested that he was being frivolous. I am sure that that is not true. I am sure that he was well-meaning in tabling the amendments. What I was highlighting was that those of us who are on the pro-European side of the debate and who want to move on from arcane discussions about the minutiae of referendums to the real issue, which is whether Britain should be in or out, do ourselves no favours if we run the risk of being seen as putting forward anything that might be interpreted as frivolous. If I may put it in those guarded terms, I hope that he will respect my slight warning that we are getting close to dangerous territory.

The one amendment that I will single out is amendment 44, which raises the issue of the voting age. We debated that matter in Committee, but it was not fully resolved. I want to put on the record the long-standing Liberal Democrat commitment to extend democratic voting rights to those of 16 or above. It is important to young people and to the future of our democracy that people who are younger than 18 are given the vote and are engaged in political debate, if possible while still at school. Yesterday, I was at Balcarras school, which is an outstanding comprehensive school in Cheltenham. I had a long, gruelling debate with the sixth-formers, who were really engaged in the issues. It must be a frustration to such well-informed observers of the political scene that they cannot vote. We should take every available opportunity to advance the arguments for votes at 16 and this is a good opportunity to do so.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

Is the hon. Gentleman as perplexed as I am that the Government can justify reducing the voting age for a referendum in Scotland on the basis that the young people there will be determining the long-term future of their country in deciding whether it should be in or out of the UK, but will deny them that privilege in a referendum that will determine the long-term future of the entire UK in deciding whether we should be in or out of Europe? Where is the logic and consistency in that?

[Martin Horwood]

The hon. Gentleman is drawing me into commenting on the Scottish referendum, which is rather dangerous territory, so I will leave it at saying that I think that votes should be extended to 16-year-olds.

2014 JHA Opt-out Decision

Debate between Steve McCabe and Martin Horwood

Monday 15th July 2013 Commons Chamber

[Martin Horwood]

The hon. Gentleman is making a very good case for a much simpler system that does not involve the clumsy and risky process of opting out of the things that we want to opt into, and then having to opt back into them. Does he now regret that his Government landed us with this precise system?

[Steve McCabe]

I do not know whether the hon. Gentleman was in his place when I raised this point earlier, but that is what the other member states forced on us at the time. I would be first to concede that it is not an acceptable arrangement, but it highlights how difficult it might be to opt back in without any difficulty. Has the hon. Gentleman considered that?

There seems to be some question about whether we will opt back in to the European arrest warrant. The Government indicated earlier today that we would seek to opt back in, but I could not miss the hon. Member for Rochester and Strood (Mark Reckless) celebrating the decision to accept amendment (b), which means that there is now no guarantee that we will seek to opt back in. In any event, at the point that we opt out, the Government’s intention is to fall back on the 1957 Council of Europe convention. Even the Government’s own Command Paper acknowledges that there are difficulties and shortcomings with that approach. Like the hon. Member for Belfast East (Naomi Long), I am worried that having opted out we will find ourselves without the power to bring major criminals to justice. That is an atrocious state of affairs.

I am slightly perplexed by the view of the hon. Member for Cambridge (Dr Huppert) that we can have a notional opt-out on Europol. I do not know what his coalition partners would make of this, but he seems to think that we can opt out for a matter of hours, and then opt back in. I cannot believe that a single person in the country would think that a worthwhile state of affairs. It would involve an inordinate amount of time and energy for very little. I have to assume that optimistic though the hon. Gentleman is—it is quite likely that once we opt out of Europol we will be allowed back in; I have no doubt about that—his hopes of keeping the present occupant of the job in his post is slim indeed.

What consideration have the Government given to article 10(5) of protocol 36, which I understand specifies overarching conditions regarding the opt-out, and that Commission members need to be satisfied that there is nothing in the UK’s behaviour in making the decision to opt out and then seeking to opt back in that will affect the practical operability of the measures. That will play an important part. Two things occur to me. The first is that it was not quite so easy for Denmark to opt back in. Secondly, how will we maintain the positions that we hold within some of these European institutions while we are no longer part of them? One of the prices that we have to pay for the opt-out may be to diminish rather than strengthen British influence within some of those institutions.

These are all matters worthy of some consideration and scrutiny. I cannot understand why the Home Secretary, on such a matter where one would have thought she needed quite a few allies, is not trying to find greater consensus. It would not be difficult to get agreement in the House that we should now exercise the block opt-out. It is a cumbersome process, but it would not be difficult. I do not see why we are not then using the time available to let Parliament and the Select Committees reach maximum agreement on what we want to opt back into. The Home Secretary opening negotiations and then finding herself in a position where Parliament does not agree with her will hardly strengthen her hand. Rather it will weaken her position. It would be much easier to make requests for transitional arrangements if there were a clear, strong body of opinion behind her in the House. At the moment, since we are not sure what she will try to opt back into and how many of her Back Benchers will support her or undermine her, it is difficult to know which transitional measures we should be getting behind her on. I fear that she is putting the political needs of her party ahead of the need to get this right.