Oral Answers to Questions

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 24th July 2019 Commons Chamber

[The Prime Minister]

I thank the right hon. Gentleman for the discussions we have had and the support he has continued to give to the Conservative and Unionist party so that there is a Conservative and Unionist Government in this country. I thank him for the warm invitation to Northern Ireland he has given to me and Philip. I have enjoyed my visits to Northern Ireland. I congratulate all those in Northern Ireland who were involved in putting on the Open championship at Portrush. There was a slight issue with the weather, which may have favoured those who came close to the top of the championship, but it was an excellent championship, and many people will have seen the delights and benefits of Northern Ireland when they attended that event.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

As somebody who has not invariably seen eye-to-eye with the Prime Minister, may I thank her for her remarkable public service, for showing that highest of virtues, a sense of duty and, on top of that, for being willing to deal with enormous courtesy with people who must on occasions have been annoying to her? On behalf of many people, I thank the Prime Minister.

[The Prime Minister]

Can I say—[Interruption.]

Oral Answers to Questions

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 26th June 2019 Commons Chamber

[The Prime Minister]

Obviously, we are looking across the board. A number of issues have been raised as a result of the terrible tragedy that occurred at Grenfell Tower that we have already acted on, and we are continuing to work, as I indicated in response to the Leader of the Opposition last week, and to look at issues such as social housing. While many people focus on the issue of cladding and building standards, it is the fact that people’s voices were not being heard from that social housing that is of particular concern. Ensuring that we have the right approach in relation to regulation is important. On sprinklers, the recommendation after Lakanal was not that every property over a certain height should have sprinklers retrofitted. It is important to be clear about that.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

On 15 May, my right hon. Friend welcomed a decision by the National Institute for Health and Care Excellence to allow the drug Spinraza, which is for spinal muscular atrophy, to be prescribed, including, we thought, to my constituent, the grandson of Mrs Ogborne. NICE has now written to Mrs Ogborne to say that it accepts that the news story that appeared on the NICE website was not clear enough. That is code for saying that my constituent’s grandson will not receive this drug. When NICE says something, can it be ensured that it does it, and that bureaucratic flannel does not raise people’s hope then to dash it?

[The Prime Minister]

I am very concerned to hear the case that my hon. Friend has brought before the House of his constituent and Spinraza. I will ensure that it is looked into. If NICE says that Spinraza is available, then obviously it should stand by its word.

Leaving the European Union

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 22nd May 2019 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

My right hon. Friend must have noticed the response in this House and overnight to her statement. In proposing this folderol, is she going through the motions or does she really believe in it?

[The Prime Minister]

I do not think I would have been standing here at the Dispatch Box and have been in receipt of some of the comments that I have been in receipt of, from colleagues on my side and across the House, if I did not believe in what I was doing. I am doing it because I genuinely believe that it is in the national interest for us to leave the European Union with a deal. The only way to get a deal through is to get a withdrawal agreement Bill through this House. There are issues that this House disagrees on. I believe that those issues should be put to the House and it will determine them. At that point, the House and all its Members will have to come to some decisions.

At the moment, it has been possible through indicative votes to give indications, but they have not been decisions that will be put into legislation. When the time comes to look at this matter, these will be decisions about what should go ahead in the Government’s position and what should be in legislation. People will not be able to duck the issues. It will be necessary to come to an agreement. [Interruption.]

European Union (Withdrawal) Act 2018

Debate between Theresa May and Jacob Rees-Mogg

Tuesday 29th January 2019 Commons Chamber

[The Prime Minister]

I say to all Members of this House that I have already been very generous in taking interventions. I am sure that many Members wish to contribute to the debate, so I will make progress.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

rose—

[The Prime Minister]

As I have referenced my hon. Friend in my speech, I will give way to him.

[Mr Rees-Mogg]

I am grateful to my right hon. Friend and thank her for her very clear assurances that the withdrawal agreement text will be reopened and that she will consider what has been called the Malthouse compromise. May I ask for one more promise, namely that any further detailed agreement will come back and will not be deemed to have been ratified by the amendment tabled by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady)?

[The Prime Minister]

I give my hon. Friend that assurance: it has to and will come back to this House. Legally speaking, ratification of the agreement can take place only in the act of passing the WAB—the withdrawal agreement Bill. That will be the ratification moment for any arrangements.

Leaving the European Union

Debate between Theresa May and Jacob Rees-Mogg

Monday 21st January 2019 Commons Chamber

[The Prime Minister]

The scheme that the Home Office has set out is very clear about the rights that EU citizens would have, and the withdrawal agreement, which I think the hon. Lady voted against, also sets out clearly the rights of EU citizens upon our leaving the EU, but I will ensure that the relevant Department looks at the issue she raises.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

I thank the Prime Minister for saying that she will go back to the EU to discuss the backstop in particular. When she goes, will she take with her a copy of the House of Lords report from March 2017 that says if we leave without a deal we do not owe it any money, because that may make it more willing to talk?

[The Prime Minister]

My right hon. and learned Friend the Attorney General responded to the issue of the House of Lords report in last week’s debate. He was very clear that the House of Lords report had looked at a particular aspect of law but had itself recognised there might be obligations under other aspects of international law. The advice is clear that there would be obligations on us to pay in a no-deal situation, and I believe that we should be a country that respects its legal obligations.

Leaving the EU

Debate between Theresa May and Jacob Rees-Mogg

Monday 14th January 2019 Commons Chamber

[The Prime Minister]

I say to the right hon. Gentleman that the Government are getting on with what we believe is right in putting a deal to this Parliament to deliver on Brexit and for the British people. I also say to him that this is not the only thing that this Government have been involved in. I would hope that, when he talks about what the Government have been doing, he would recognise the importance of the long-term plan for the national health service and the significant investment in the national health service that the Government have agreed and are going to put in.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

In her statement, my right hon. Friend pointed out that the EU will not agree to an end date to the backstop or a unilateral exit mechanism. Does that make her doubt its sincerity when it says that it does not really want the backstop?

[The Prime Minister]

The concern that the European Union has about those two options are, as I said in my statement, that somehow the United Kingdom would engineer a situation where it simply pulled out and there was a hard border between Northern Ireland and Ireland. It wants to guarantee that there would be no such hard border.

I have said to the European Union that Northern Ireland is part of the United Kingdom: we want to guarantee that commitment to the people of Northern Ireland—it is important, because they are part of the United Kingdom. But the European Union has been clear that in every circumstance, whatever trade agreement was negotiated in future and whatever the withdrawal agreement, it would require a backstop to be part of that.

What we can do is ensure that we get the future relationship in place, such that the backstop is never needed and that, were it to be needed, it would be only temporary. It is getting that future relationship in place that enables us to ensure the long-term sustainability of the guarantee that we have given the people of Northern Ireland.

European Council

Debate between Theresa May and Jacob Rees-Mogg

Monday 17th December 2018 Commons Chamber

[The Prime Minister]

Everybody in this Government recognises that this Parliament gave people the decision on whether or not to leave. People went out and 17.4 million people chose that we should leave the European Union. They did so for a variety of reasons—ending free movement was a reason for many of them, but for many of them a reason was also the concept of wanting a United Kingdom able to stand independent in the world, to make those trade deals around the rest of the world, but to be free of the bureaucracy of Brussels; that was another reason people voted to leave. They did that with their hearts and with their heads and with the best of intentions, and it is our job to deliver on the vote they gave.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

By your leave, Mr Speaker, may I congratulate the Prime Minister on winning the confidence of the Conservatives in this House last week and assure her that she therefore commands my confidence, too? On the issue of the second referendum—better known as the losers’ vote—I support the Prime Minister’s opposition to this not only because it is undemocratic and would be divisive but because it would be very hard to deny a second referendum in Scotland if we had a second referendum on membership of the European Union.

[The Prime Minister]

My hon. Friend makes a good point. We have a record on a number of referendums over the years. We have accepted the decisions that people have taken and we have not gone back to them with a second referendum. He is absolutely right, and I also thank him for his remarks at the beginning of his question.

Leaving the EU

Debate between Theresa May and Jacob Rees-Mogg

Monday 26th November 2018 Commons Chamber

[The Prime Minister]

The hon. Gentleman talks about parliamentary supremacy. Of course, it was this Parliament that decided by an overwhelming majority to ask the British people for their view on our membership of the European Union. They voted and gave that view, and I believe that it is our duty to deliver on it.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

May I first thank my right hon. Friend for making three statements to the House of Commons in 10 days, which I think is a Boycottian achievement? In answer to an earlier question, she said that we have a legal obligation to pay £39 billion. I wonder whether she is forgetting the report of the House of Lords of March 2017, which stated that in the event of leaving without a deal, we would owe no money at all. Therefore, what are we buying with £39 billion of taxpayers’ money?

[The Prime Minister]

I can assure my hon. Friend that I have not forgotten the House of Lords report, but there is a different opinion, which is that there are legal obligations that this country would hold to the European Union in relation to financial payments in any circumstances. As I have said before, I think that it is important that this country upholds our legal obligations.

Progress on EU Negotiations

Debate between Theresa May and Jacob Rees-Mogg

Thursday 22nd November 2018 Commons Chamber

[The Prime Minister]

The hon. Lady is right that of course there have been ideas around for some time in relation to the way in which customs and the treatment of customs is developing with today’s technology, but there are further technological solutions that I think will be available. On the question of no hard border, we have a commitment to no hard border, but I believe it is important that we also try to work to ensure that businesses and people in Northern Ireland are able to carry on their business and their daily life much as they do today. This is about no hard border but it is also about our overall commitment to the people of Northern Ireland.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

May I refer my right hon. Friend to paragraph 134 of the proposal on the question of interpretation of Union law, which gives authority to the Court of Justice of the European Union? Why is there not a similar paragraph giving the right of interpretation of UK law to the UK courts, or is it implicit that European Union law is senior?

[The Prime Minister]

It is not the case that European Union law is senior. It is the case that we have consistently said, throughout all the negotiations, and made it clear at various points, that the court of one party cannot have jurisdiction over the other party. But the body that interprets European law is the CJEU. As this makes clear, the arbitration panel can decide to ask the CJEU for an opinion on the interpretation of EU law. UK law is interpreted, indeed, by United Kingdom courts. The arbitration panel, when it comes to making its decision—had it referred the ECJ to give an opinion on a matter of European Union law—would take its decision in the light of that opinion.

EU Exit Negotiations

Debate between Theresa May and Jacob Rees-Mogg

Thursday 15th November 2018 Commons Chamber

[The Prime Minister]

No, I said that there was a risk of no Brexit at all, but the Government are determined to deliver on the vote that the British people took to leave the European Union.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

My right hon. Friend—and she is unquestionably honourable—said that we would leave the customs union; annex 2 says otherwise. My right hon. Friend said that she would maintain the integrity of the United Kingdom; a whole protocol says otherwise. My right hon. Friend said that we would be out of the jurisdiction of the European Court of Justice; article 174 says otherwise. As what my right hon. Friend says, and what my right hon. Friend does, no longer match, should I not write to my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady)?

[The Prime Minister]

My hon. Friend refers to the articles that relate to the protocol in the withdrawal agreement. I have been absolutely clear that some difficult choices have had to be made in relation to that protocol. Those choices have been made because I believe—I strongly and firmly believe—that it is important that we ensure there is no hard border between Northern Ireland and Ireland. But as I have said before, and as my hon. Friend has heard me say before, it is not only our intention, but we will be working to ensure, that that protocol does not need to be put into place.

What we are negotiating, alongside that withdrawal agreement, is not something that will be of a temporary nature, but what will be a future relationship with the European Union that will last for decades to come. In that future relationship, we will no longer be a member of the customs union. We will no longer be a member of the single market. An end to free movement will have been delivered. The integrity of the United Kingdom will have been maintained. The jurisdiction of the European Court of Justice in the United Kingdom will end, and we will come out of the common agricultural policy and the common fisheries policy. So I ask my hon. Friend to consider the nature of the future relationship that we will be delivering with the European Union, which does indeed deliver on the commitments I have made.

Oral Answers to Questions

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 24th October 2018 Commons Chamber

[The Prime Minister]

The hon. Lady particularly referenced sexual abuse crimes and other crimes of that sort. We have seen an increase in the number of crimes being reported, but that is partly because we now have an atmosphere where people are more willing and ready to come forward and report these crimes. She refers to pensions; this issue has been known about for some years.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

There have been reports today that the Government are willing to agree that the European Court of Justice would be the final arbiter in most cases arising from Brexit. As this would be inconsistent with the Prime Minister’s previous commitments, will she authoritatively deny it?

[The Prime Minister]

I see quite a few reports and claims about what is happening in relation to Brexit, but I have not seen those particular reports. If they are as my hon. Friend has suggested, they are wrong. We have been very clear, in the work that we have been doing, about ensuring that the European Court of Justice will not have jurisdiction in the UK in the future.

October EU Council

Debate between Theresa May and Jacob Rees-Mogg

Monday 22nd October 2018 Commons Chamber

[The Prime Minister]

No, the reference to the 95% is a factual description of where we are in relation to the withdrawal agreement. Neither side in this negotiation wants to be negotiating for the period of time that the hon. Gentleman has suggested, which is why both sides will be working to ensure that we have that future relationship agreed by December 2020. I suggest that if he looks at the average time that it takes to conduct trade deals, he will see that many trade deals are done in precisely the sort of time that we are talking about.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

I join those who have condemned the excessive and violent language that has been used and hold up my right hon. Friend the Prime Minister as a role model, as she is always courteous, even to those who disagree with her on this important matter. Coming to the substance of it, when the implementation period was announced, it was going to be the implementation of what had been agreed. It now seems to be a period for further negotiation, not being sure of where we are going. Does the Prime Minister know where we are going?

[The Prime Minister]

First, I thank my hon. Friend for the comments that he made about the remarks and language that were used at the weekend.

Yes, we do—we have set out our plan and we are negotiating on the basis of that plan with the European Union. As I say, significant elements of the structure and scope of the future relationship have been agreed. The legal position, as I am sure my hon. Friend knows very well, is that we cannot sign up to legal text in relation to that future relationship until we have left the European Union. I have also said all along that when Parliament looks at the withdrawal agreement, it will also want to have sufficient detail about the future relationship and know what that will be. That is what we are working to deliver.

EU Exit Negotiations

Debate between Theresa May and Jacob Rees-Mogg

Monday 15th October 2018 Commons Chamber

[The Prime Minister]

In the future relationship, we will be negotiating trade deals on behalf of the whole of the United Kingdom, including Northern Ireland.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

My right hon. Friend made the excellent point that it would be unlawful to have a separate customs arrangement for Northern Ireland. Why did that point escape the negotiators until so late in the process?

[The Prime Minister]

The point about not having a customs border down the Irish sea is not one that has escaped negotiators. We have been very clear: we were clear when the proposal was first published by the European Union earlier this year and we have consistently been clear that such an arrangement was one that the UK Government could not accept.

Leaving the EU

Debate between Theresa May and Jacob Rees-Mogg

Monday 9th July 2018 Commons Chamber

[The Prime Minister]

No, and I understand that the Chancellor of the Duchy of Lancaster has already commented on this issue in response to a question that the hon. and learned Lady asked in another meeting. We will not be under the jurisdiction of the European Court of Justice. That is one of the things that people voted for and that we will deliver.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

The Prime Minister said that we would not be hindered from doing trade deals, but at a briefing given by 10 Downing Street, it was explained that in signing the trans-Pacific partnership there would have to be a carve-out, because of our obligation to follow the common rulebook. Will my right hon. Friend explain what obstacles there will be to trade and how the process will work?

[The Prime Minister]

There are issues that we would look at in any circumstances as the United Kingdom in relation to standards and the way in which we wish to operate, which could lead to our not being able to undertake all the commitments that somebody might want in a free trade deal. We could tear up all our regulatory standards, but I do not think that that is what we should do, I do not think that that is what this House wants us to do, and I do not think that that is what the public wants us to do. As we go forward, we will be making those trade deals. We specifically looked at whether the plan that we were putting forward would enable us to accede to the comprehensive and progressive agreement for Trans-Pacific Partnership, and it will.

June European Council

Debate between Theresa May and Jacob Rees-Mogg

Monday 2nd July 2018 Commons Chamber

[The Prime Minister]

The right hon. Gentleman raises an important point. We have always seen our agreement on the future relationship and the withdrawal agreement running alongside each other. That is why I am clear, as is the Secretary of State for Exiting the European Union, that when the House considers the withdrawal agreement, it will need to have sufficient detail about the future relationship to be able to judge that. We see the withdrawal agreement and the future relationship as linked. The EU itself has said that nothing is agreed until everything is agreed.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Will my right hon. Friend confirm that at the end of the implementation period the United Kingdom will leave the customs union and will no longer be subject to the common external tariff?

[The Prime Minister]

We are going to be leaving the customs union. We have, of course, as my hon. Friend will be well aware, set out the alternative proposal for a backstop in relation to the situation in Northern Ireland and Ireland which would come into play were there any delay in putting our future customs relationship into full operation and into place. I am clear that we should be doing everything we can to ensure that at the end of December 2020 our future relationship, including our future customs relationship, is in place such that the backstop is not necessary.

Oral Answers to Questions

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 13th June 2018 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Vernon Bogdanor called the noble Lord, Lord Hailsham’s amendment, which we rejected yesterday, a “constitutional absurdity”. While it is essential that this House should hold the Government to account and have meaningful votes on many things, does my right hon. Friend agree that it is absolutely essential that the separation of powers should be observed, and that it should be made clear in any compromise amendment that the job of the Government and the job of Parliament are different?

[The Prime Minister]

I am happy to be clear about this situation. We have seen concerns raised about the role of Parliament in relation to the Brexit process. What I agreed yesterday is that, as the Bill goes back to the Lords, we will have further discussions with colleagues over those concerns. This morning, I have agreed with the Brexit Secretary that we will bring forward an amendment in the Lords, and there are a number of things that will guide our approach in doing so.

My hon. Friend is absolutely right about the separation of powers and the different roles of Government and Parliament. As my right hon. Friend the Brexit Secretary made clear in the House yesterday, the Government’s hand in the negotiations cannot be tied by Parliament, but the Government must be accountable to Parliament. Government determines policy, and we then need parliamentary support to be able to implement that policy.

The other aspect of this that I am absolutely clear on is that I cannot countenance Parliament being able to overturn the will of the British people. Parliament gave the decision to the British people, the British people voted to leave the European Union and, as Prime Minister, I am determined to deliver that.

European Council

Debate between Theresa May and Jacob Rees-Mogg

Monday 26th March 2018 Commons Chamber

[The Prime Minister]

If the hon. Gentleman looks back at my statement, he will recall that I said that it is our intention that this House, when it comes to look at the withdrawal agreement and implementation Bill and to vote on that Bill, should have sufficient detail of what that future relationship is going to be, and that will take place before we leave the European Union.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Many of us are concerned that, in the transition period, most of the red lines have gone, but we can live with it on the basis that they will be restored when we finally leave. What reassurance can my right hon. Friend give me that when we leave, we will be out of the single market, out of the customs union and out of any jurisdiction of the European Court of Justice?

[The Prime Minister]

I am happy to reiterate what I have said before: we will be leaving the single market, we will be leaving the customs union, and we will be leaving the common fisheries policy—we will be ensuring that we take back control of our waters. My hon. Friend asks me about the European Court of Justice, and we are clear that we will take back control of our laws. However, with his attention to detail, my hon. Friend will know that, within the December joint report, in relation to citizens’ rights, there was, as part of that, for a period of time, for those EU citizens who are here, where cases are taken about those rights to UK courts, the possibility for the UK courts to have due regard to the views of the European Court of Justice.

Salisbury Incident

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 14th March 2018 Commons Chamber

[The Prime Minister]

That is an important point and it has been raised. We will be looking at the movement of materials and indeed, as I indicated in my statement, at any further action we can take on the movement not only of materials, but of people. We will of course be discussing that with our allies.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

The Prime Minister has such widespread support because she has learned the lesson of history that tyrants must be stood up to. May I encourage her to impose a freeze on assets, so that people do not have the opportunity of taking them out of the country in the short term, and to boost the military resources in Estonia, where we already have 800 troops, to show very tangibly that we will support our friends and allies who might also be at risk from Russia?

[The Prime Minister]

I thank my hon. Friend for his remarks. As I said in my statement, we will freeze Russian state assets wherever we have the evidence that they might be used to threaten the life or property of UK nationals or residents. I was pleased to be able to visit our troops in Estonia last September. We are of course there with other allies, and I was pleased that at the Anglo-French summit in January President Macron committed to a continuing contingent of French troops joining our troops in Estonia. That is an important collective symbol of our determination to protect the west against Russia.

UK/EU Future Economic Partnership

Debate between Theresa May and Jacob Rees-Mogg

Monday 5th March 2018 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Thank you, Mr Speaker, for that compliment.

Does my right hon. Friend, having made such a generous offer to the European Union, expect more generosity than it has shown so far? I think particularly of the aggression in the draft legal text of suggesting a solution to the Irish problem that would have been in contradiction to the confidence and supply agreement with the Democratic Unionist party, threatening the existence of the Government. Does my right hon. Friend think that it is right for the European Commission to behave in such a high-handed fashion?

[The Prime Minister]

We are in a negotiation. Both sides put their positions at various stages. Just as the European Commission chose to put that position forward, so it was absolutely right for this Government to be clear—I repeated it last week in Prime Minister’s questions and I am happy to do so again—that the suggestion that there should be a border down the Irish sea separating Northern Ireland from the rest of the United Kingdom is completely unacceptable to this Government and, I believe, to any Government in the United Kingdom.

European Council

Debate between Theresa May and Jacob Rees-Mogg

Monday 18th December 2017 Commons Chamber

[The Prime Minister]

We are bringing those rights into UK law though the European Union (Withdrawal) Bill. I have said that we will maintain, and indeed enhance, workers’ rights.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Will my right hon. Friend clearly reject the negotiating mandate handed out by the European Council, paragraph 1 of which undermines the principle of nothing being agreed until everything has been agreed, and paragraph 4 of which would make the United Kingdom in the transition phase no more than a vassal state, a colony, a serf of the European Union—[Interruption.]

[Mr Rees-Mogg]

I urge my right hon. Friend to model herself on her predecessor, the late noble Baroness Thatcher, and to show real mettle and steel in rejecting the EU’s rather hostile negotiating terms.

[The Prime Minister]

The negotiation is between two parties. We will be very clear about the future partnership we want to have with the European Union on both trade and security matters, and I set out the framework for that in my Florence speech.

My hon. Friend has asked me before about the relationship between the UK and the European Union during the implementation period. As I have just indicated in response to the hon. Member for Vauxhall (Kate Hoey), the purpose of the implementation period is to ensure that businesses and individuals can continue to operate, and to be reassured of the basis on which they operate, while the necessary changes are put in place that will lead to the future trade agreement that we will have achieved.

I have also said before in this House, and in my Florence speech, that there may be elements of the arrangement that we will be able to bring forward. For example, if we are able to bring forward a dispute resolution mechanism during that period, we will look to do so.

Oral Answers to Questions

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 6th December 2017 Commons Chamber

[The Prime Minister]

I will ask the Secretary of State for Work and Pensions to look at this issue. As the hon. Gentleman knows, we are working on how universal credit is rolled out and how it is dealt with in relation to individuals. I am sure he will understand that if particular things within universal credit apply to people in particular circumstances, they can be applied only if the jobcentres are aware of those circumstances. I will ask the Department for Work and Pensions to look at the matter.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Before my right hon. Friend next goes to Brussels, will she apply a new coat of paint to her red lines, because I fear that on Monday they were beginning to look a little bit pink?

[The Prime Minister]

No, I happily say to my hon. Friend that the principles on which the Government are negotiating were set out in the Lancaster House speech and in the Florence speech, and those principles remain.

UK Plans for Leaving the EU

Debate between Theresa May and Jacob Rees-Mogg

Monday 9th October 2017 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Will my right hon. Friend confirm unequivocally that after 29 March 2019 the European Court of Justice’s writ will no longer run in any way in this country and that any new laws agreed under the acquis communautaire after that date will not have effect here unless agreed specifically by Parliament?

[The Prime Minister]

My hon. Friend has actually raised two separate issues but elided them together. The first is about the European Court of Justice. As I have just said in answer to a number of questions, we want to have a smooth and orderly process of withdrawal with minimum disruption. That is why we want the implementation period. We will have to negotiate what will operate during the implementation period. Yes, that may mean that we start off with the ECJ still governing the rules we are part of for that period, but we are also clear that we can bring forward discussions and agreements on issues such as a dispute resolution mechanism. If we can bring that forward at an earlier stage, we would wish to do so.

The second issue my hon. Friend referred to was the question of new rules brought in during the implementation period. Given the way things operate, it is highly unlikely that anything will be brought forward during that period that has not already started discussions through the European Union to which we are party until we leave and about which we would have been able to say they were a rule we would sign up to or one we would not. Any new rules put on the table during the implementation period, given the way these things operate, are highly unlikely to be implemented during the implementation period.

G20

Debate between Theresa May and Jacob Rees-Mogg

Monday 10th July 2017 Commons Chamber

[The Prime Minister]

I am sure the right hon. Gentleman will be aware from his chairing of the Select Committee that membership of Euratom is inextricably linked with membership of the European Union. As was signalled in the Queen’s Speech with reference to a future Bill on this issue, we want to ensure that we can maintain those relationships—that co-operation with Euratom which enables the exchange of scientists and material. Countries throughout the world that are not members of the EU have that relationship with Euratom, but we need to put that Bill in place, and I look forward to the right hon. Gentleman’s support for it.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Does my right hon. Friend agree that free trade will be one of the great Brexit dividends, and that it will provide cheaper food, clothing and footwear, to the greatest benefit of the poorest in our society?

[The Prime Minister]

I agree with my hon. Friend that it is free trade that enables us to grow economies, increase prosperity and provide jobs, and there will be benefits from the trade agreements that we want to negotiate throughout the world. But we also need as a country to defend the concept of free trade because, sadly, it is under too much attack from protectionists around the world.

European Council

Debate between Theresa May and Jacob Rees-Mogg

Monday 26th June 2017 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Does the Prime Minister agree that no reasonable person could oppose what she has proposed? The only people who do never wanted us to leave in the first place. The idea that a foreign court should rule on the rights of people living here is akin to the outdated colonial approach taken towards China in the unequal treaties of the 19th century.

[The Prime Minister]

I always bow to my hon. Friend’s historical knowledge in the references that he makes, but the point is clear: what we want to see when we leave the European Union is that citizens here in the UK have their rights guaranteed and enforced by UK courts.

Grenfell Tower

Debate between Theresa May and Jacob Rees-Mogg

Thursday 22nd June 2017 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Thank you, Mr Speaker.

At the end of her compassionate and comprehensive statement, my right hon. Friend the Prime Minister said that we had to think about the people living very different lives from ourselves. As I am sure she knows, in opinion surveys going back over decades people never said they wanted to live in tower blocks. Can we change public policy so that tower blocks can become a thing of the past?

[The Prime Minister]

I am grateful to my hon. Friend for that question. There are many people who do not wish to live in tower blocks, and there are some who are perfectly comfortable living in tower blocks. What we have to look at, however, is the approach taken to social housing; that is one of the lessons that comes from this disaster.

Article 50

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 29th March 2017 Commons Chamber

[The Prime Minister]

We have been very clear that there will be a vote in this Parliament when we come back with a deal from the European Union. It will take place in both Houses and it will happen before the deal comes into force. We expect that to be undertaken before the European Parliament has had an opportunity to debate and vote on this issue. Within this House, of course, there are representatives from all parts of the United Kingdom.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Does my right hon. Friend recall the words of Francis Drake:

“There must be a begynnyng of any great matter, but the contenewing unto the end untyll it be thoroughly ffynyshed yeldes the trew glory”?

I wish my right hon. Friend good luck and good fortune in her negotiations until she comes to true glory and is welcomed back to this House as a 21st century Gloriana.

[The Prime Minister]

I think my answer to that is that I thank my hon. Friend!

European Council

Debate between Theresa May and Jacob Rees-Mogg

Tuesday 14th March 2017 Commons Chamber

[The Prime Minister]

As I have repeatedly said in this House, this Government will be negotiating a deal that will be good for the whole of the United Kingdom. That is why we have been listening to businesses and others from across the whole of the UK—yes, the devolved Administrations, but also people from the regions of England and businesses from across the whole of the UK—to understand the interests and what we need to take into account as we negotiate the deal.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

As my right hon. Friend launches into the negotiations, I wonder if she has had time to consider the excellent House of Lords report that says we have no legal obligation to pay any money whatsoever to the European Union. Does she share my view that that is an excellent basis for beginning the negotiations?

[The Prime Minister]

I can assure my hon. Friend that I have noted the House of Lords report on this particular matter. As he will know, when people voted on 23 June last year they were very clear that they did not want to continue year after year paying huge sums of money into the European Union.

European Council

Debate between Theresa May and Jacob Rees-Mogg

Monday 24th October 2016 Commons Chamber

[The Prime Minister]

I have made it very clear that there is no question of another referendum. While I felt that it was right for us to take some time to prepare before the start of the negotiations through the invoking of article 50, it is also true that, as the hon. Lady says, members of the public will want to see article 50 invoked so that they know that this is going to happen. That is why I think that the timetable for invoking it by the end of March 2017 is the right one.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

The people of Somerset are rejoicing at the clarity of the Prime Minister’s approach to leaving the European Union. To encourage further rejoicing, will she confirm my understanding that once we have left the European Union, the European Court of Justice will have no jurisdiction of any kind whatsoever as the final arbiter of any UK law?

[The Prime Minister]

When we leave the European Union, UK laws will be determined here in the UK. It will be British judges sitting here in the UK who opine on the application of those laws, and it will be this House that determines the legislation that covers the British people.

Serious and Organised Crime: Prüm Convention

Debate between Theresa May and Jacob Rees-Mogg

Tuesday 8th December 2015 Commons Chamber

[John Redwood (Wokingham) (Con)]

rose—

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

rose—

[Mrs May]

I have been very generous in giving way, but I will give way to my right hon. Friend the Member for Wokingham (John Redwood).

EU Justice and Home Affairs Measures

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 19th November 2014 Commons Chamber

[Mrs May]

The fact I quoted is absolutely correct: net migration is down by a quarter from its peak under the last Labour Government. Furthermore, net migration from outside the EU is down to the levels of the late 1990s—something that never happened under the last Labour Government and has only happened because of the action taken by this Government to control immigration.

I welcome the opportunity to reiterate the Government’s support for the package of 35 measures, including the arrest warrant, which help us to tackle serious crime and keep this country safe. I think that the right hon. Lady’s commitment to the arrest warrant would carry more weight if, when in government, she and her party had taken action to address the concern that many people raised about how it was being operated—concerns that were eroding the public’s trust in this important measure.

Since 2010, we have made the important reforms that the Opposition failed to make in the previous eight years, and our law enforcement and prosecution agencies, the devolved Administrations, the Extradition Law Committee in the House of Lords and other experts, including the Lord Chief Justice, all wish us to continue to use the arrest warrant to bring offenders to justice and keep our country safe. That is not the arrest warrant bequeathed to us by Labour, but the arrest warrant that now has proper protection for those wanted for extradition, including British citizens. We have taken positive action to address the issues that have caused people such concern.

[Jacob Rees-Mogg (North East Somerset) (Con)]

How confident is my right hon. Friend that after 1 December, when the Court of Justice of the European Union will decide whether an arrest warrant issued by another member state is valid, the protections brought into domestic British law will prove to be robust?

[Mrs May]

I am confident that some of the measures we have taken to deal with concerns raised about the EAW, such as proportionality, are measures that are available to other member states and which have not been challenged in the way my hon. Friend suggests.

--- Later in debate ---

[Mrs May]

My hon. Friend has raised two important points. I will address both of them. He refers to the temporary transitional extension. The option that is proposed to extend that transitional period for a significant time would require secondary legislation to override the primary treaty right of the UK to opt out of measures and would effectively override the opt-out itself. That is a precedent that no one would want to set. A transitional decision is proposed by the European Commission. We have no vote on its adoption. We would have no power to amend the drafting of the decision and it could extend to all 135 measures and make them subject to ECJ jurisdiction to boot. That would effectively hand over our power on this matter to Brussels, which would determine it for us. I think that that would run entirely counter to our aim of bringing powers back from Brussels.

The other point is that it has been clear in discussions we have been having with the European Commission that the purpose of the transition arrangement was, for a very limited period, potentially to ensure that while the process of opting in was taking place there was no operational gap, so that we would make sure there was no point at which it was possible for somebody to claim that an arrest warrant, for example, was no longer operational as a result of the decisions we had taken.

In relation to the suggestion that we could have negotiated a separate treaty with the European Commission, reference is often made to the Danish position on that, but in fact that is different as the Danes have no alternative option for participating in the JHA measures. Protocol 36, the opting-out decision protocol, sets out our ability to opt out and to rejoin these JHA measures, so it puts us in a different position. The EC argues that that provides us with an adequate ability to go into these measures, and therefore renders a third-country agreement unnecessary.

Given my hon. Friend’s interest in European Court of Justice jurisdiction, the other point I would make is that in all the measures Denmark has negotiated separate arrangements on with the EC, it has been required to submit itself to the jurisdiction of the ECJ. That has been the price of getting the negotiated agreement with the European Commission, so I really do not think it is an option that resolves the issues my hon. Friend and others have concerns about.

[Jacob Rees-Mogg]

Will my right hon. Friend give way?

[Mrs May]

I am conscious that this speech is taking rather longer than I had intended, but I will give way.

--- Later in debate ---

[Jacob Rees-Mogg]

My right hon. Friend’s speech is taking a long time because it is so interesting and important. Following on from the intervention of my hon. Friend the Member for Daventry (Chris Heaton-Harris), I wanted to say that there are three points the Home Secretary has just mentioned where Her Majesty’s Government have negotiated with the Commission and have accepted the Commission’s no as authoritative without really pushing. This does not bode particularly well for an attempt to renegotiate the treaties after the next election.

[Mrs May]

The fact is that we have been able to go into the negotiation with the European Commission and other member states, wanting to rejoin 35 measures, and the package we have brought back is rejoining 35 measures and not more measures. Many people said to us, “You will not be able to negotiate 35 measures. The European Commission and other member states will require you to join more measures.” They have not done so. The negotiation in that sense was successful, and contrary to what my hon. Friend says, I think that bodes well for the future.

I want to say a little more about some of the other 35 measures. I have mentioned already that they include important tools such as SIS II, the second generation Schengen information system. We are scheduled to join it shortly. It further strengthens our ability to detect foreign criminals at the border, including individuals wanted in their own countries for serious crimes such as rape and murder.

When the UK connects to the system, we will gain access to 51 million alerts, including on individuals who pose a very real security risk, such as foreign fighters who have travelled to Syria and Iraq and who could pose a serious risk to this country on their return. It is a tool that I am sure the whole House will want us to have at our disposal.

The package of measures also includes the Council decision on child pornography, which ensures that international co-operation to tackle this abhorrent crime is prioritised and that collective pressure is put on internet companies to tackle the disgusting crime of online child sex abuse wherever it takes place.

The package also includes Europol, which does excellent work to tackle cross-border crimes—under its British director, Rob Wainwright—and Eurojust, which often operates hand and glove with Europol, such as during the horsemeat scandal early last year. As I have already said, the package includes the European criminal record information system—ECRIS—as well, which has dramatically increased the number of criminal record checks on foreign nationals, and also the prisoner transfer framework decision, which helps us to remove foreign criminals from British jails.

The package also includes joint investigation teams, which allow our police and their European counterparts to co-operate in cross-border operations, such as Operation Birkhill which saw five criminals sentenced to a total of 36 years’ imprisonment this summer for their involvement in the degrading trafficking of over 120 women from Hungary, the Czech Republic and Poland into the UK.

These are all vital measures which the Government were clear we should remain part of in the national interest. We have exercised the opt-out, which the Labour party negotiated but voted against using. We have brought back some 100 powers from Brussels which the Labour party gave away. We have negotiated a good deal to remain part of a much smaller package of 35 measures in the national interest, despite being told by the Labour party that we should have sought “guarantees” that they did not bother to negotiate into the Lisbon treaty.

It is this Government who are providing leadership on European issues. We have cut the EU’s budget, secured an exemption from the new EU bank bail-out fund, vetoed a new treaty and secured a position of real influence in the Commission. That is leadership—an issue I know the Labour party might not want to discuss at the moment. Where this Government are leading, I am happy to see the Opposition follow, so I am glad to have the support of the right hon. Member for Normanton, Pontefract and Castleford today, but given her party’s failure to reform the arrest warrant, her opposition to our exercising the opt-out, her refusal to back the repatriation of powers and her continued efforts to deny the British people their say through an in/out referendum, it is clear that the Labour party can never provide the leadership that this country needs on Europe.

Business of the House (Today)

Debate between Theresa May and Jacob Rees-Mogg

Monday 10th November 2014 Commons Chamber

[Mrs May]

If the right hon. Lady will just let me continue, I will explain further to the House. As I have said, there is no requirement to bring any vote to the House. There is a requirement to transpose into UK legislation certain of the 35 measures that we will opt back into. That would normally have been done through the negative statutory instrument procedure in an hour-and-a-half debate upstairs in a Committee, not on the Floor of the House. That would normally have been done after 1 December, so after the date on which the Government had chosen to opt back in, and indeed after we had exercised our opt-in. We did not think that that was right either, which is why we have brought before the House an affirmative measure on a statutory instrument that shows the House the legislative requirements that will need to be made.

However, I have been very clear, the Government have been very clear, and indeed you, Mr Speaker, have been very clear—I am grateful for the clarification in your statement—that the debate we will be having on the motion on the regulations will be wide-ranging and, indeed, will include a debate on the European arrest warrant. I say to Members of the House that it is my intention to speak about the European arrest warrant when that debate takes place. I also say to right hon. and hon. Members that if they vote against this—[Interruption.]

[Jacob Rees-Mogg]

On a point of order, Mr Speaker. I am not sure that the Home Secretary was listening earlier when you said that the European arrest warrant can only be mentioned peripherally in the main debate, because she has just said that she intends to speak about it. It might be helpful if you reiterated your earlier advice, in case she had not been listening.

Criminal Law

Debate between Theresa May and Jacob Rees-Mogg

Monday 10th November 2014 Commons Chamber

[Mrs May]

Thank you, Mr Speaker.

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) appears to have been getting herself into quite a state about this particular issue. I am very happy to explain the position to the House again, very clearly. It is very simple. There is a timetable that we must follow if we are to ensure that we can opt back in to measures by 1 December—

[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.

The UK’s Justice and Home Affairs Opt-outs

Debate between Theresa May and Jacob Rees-Mogg

Thursday 10th July 2014 Commons Chamber

[Mrs May]

My right hon. Friend makes an extremely valid point. It is the point that I had hoped to illustrate with the case that I set out at the beginning of my speech, which is that the European arrest warrant has given us distinct advantages in our ability to have criminals extradited back to the United Kingdom and, indeed, to extradite people elsewhere when they have committed crimes that warrant that extradition.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Will the Home Secretary give way?

[Mrs May]

I will, if my hon. Friend will wait a moment.

There have, of course, been a number of concerns that we have addressed in our legislation. That is an important point. I was in the middle of setting those out, but before I go on with the list, I will give way to my hon. Friend.

[Jacob Rees-Mogg]

The Government, in their July 2013 Command Paper, said that

“it may be possible to negotiate bilateral treaties…with the EU”.

The EU now has legal personality and I believe that there is legal advice, at least in the Ministry of Justice, that says that a bilateral treaty with the EU would be possible. Why is that avenue not being pursued?

[Mrs May]

There are two issues in relation to that. First, people often say, “That’s what Denmark has; it is able to negotiate directly because it has a complete opt-out on these matters.” However, Denmark does not have any other legal avenue for opting in to those measures. As the Commission has made clear, given that there is another legal avenue for the United Kingdom—as negotiated by the previous Government—that is what should be pursued, rather than a separate extradition treaty with the EU. Secondly, I say to right hon. and hon. Members who think that some form of bilateral treaty would be a way of getting around the jurisdiction of the European Court of Justice, that Denmark has been required to submit to the jurisdiction of the ECJ as part of the conditions of agreeing a treaty with the European Union.

--- Later in debate ---

[Mrs May]

As I indicated earlier, the House will introduce its own legislation to ensure that we are able to do what we wish to do in terms of the powers of our law enforcement agencies and our security and intelligence agencies. We must, however, make a choice on some of these measures, and the question is whether we believe that we need such measures to keep the public safe and ensure that people are brought to justice, or not. I believe that with the measures we have negotiated, both I and the Justice Secretary—he has also been working hard on this matter—have recognised those issues and will ensure that our police and law enforcement agencies are able to do the job we want them to do.

[Jacob Rees-Mogg]

I am extremely grateful to the Home Secretary and sorry to trouble her a second time. This argument that our whole security depends on the European arrest warrant must be false. An answer was given to the European Scrutiny Committee about how many indictable offences there were in the UK in one year, and the figure was 377,000. In a four-year period, however, there were only 507 requests for us to use a European arrest warrant to the continent. That is 125 a year against 377,000 indictments in this country. Our security is not dependent on the European arrest warrant.

[Mrs May]

I find my hon. Friend’s argument strange. He says that, simply because a small number of serious criminals such as murderers are extradited on the European arrest warrant compared with the number indicted here in the UK, we should not worry. If somebody has committed a murder and we wish to extradite them from another European member state, we should be able to do so. The EAW, as all those who work with it will recognise and confirm—it has been confirmed in evidence to Select Committees—is a better tool to use because it enables extradition to take place more quickly.

As I have indicated, the Council of Europe arrangements, which were in place previously, had a time limit. Had the European arrest warrant not been in place, we would not have been able to extradite the individual I mentioned earlier, Mr Cullen, back to the UK to face justice, and his victims would not have seen justice done. All the provisions—[Interruption.] My hon. Friend the Member for Shipley (Philip Davies) mentions the DNA database from a sedentary position. He and I have a different opinion on the database because he would like everybody in the UK to be on it.

All the EAW provisions to which I have referred have been made in UK law and will commence later this month. I believe they will make an important difference in the operation of the arrest warrant. The Labour Government could have made all those changes during the eight years they oversaw the EAW, but they failed to do so. That failure has coloured the views of many in the House and beyond it about the EAW, but it should not cloud the fact that the EAW is a vital tool for ensuring that justice is done in this country and for keeping the British public safe, as has been so clearly impressed on me and Committees of the House in evidence given by the police and prosecutors who use it. I take that responsibility as Home Secretary very seriously, and it underpins everything I say in the debate and the process that has brought us to this point.

It might be helpful to remind hon. Members of the background. When without the promised referendum the previous Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), signed the UK up to the Lisbon treaty, he ceded more powers to the European institutions and gave up our veto over police and criminal justice matters. We got very little in return, but one of the few things we got from that flawed negotiation and imperfect treaty was the option to opt out of all the police and criminal justice measures that were agreed before the Lisbon treaty came into force. However, that opt-out had to be exercised en masse before the end of May 2014. Following votes in both Houses of Parliament last year, that is exactly what the Government did. That decision is irreversible and will come into effect on 1 December 2014. From that date, we must either opt back in to the smaller number of measures that we think are vital for the protection of the British people and other victims of crime, or face an operational gap that will hamper the efforts of our police and law enforcement agencies.

When the Justice Secretary and I came to the House last July, we explained that we had listened carefully to the views of our law enforcement agencies and prosecutors, and concluded that a small number of measures that were subject to the opt-out decision add value in the fight against crime and the pursuit of justice, and that it would therefore be in our national interest to rejoin them. We listened to right hon. and hon. Members, and carefully considered the reports of the European Scrutiny Committee, the Home Affairs Committee and the Justice Committee, before opening formal negotiations with the European Commission, the Council and other member states.

Good progress has been made, and I am pleased to be able to report that we have reached an in-principle deal with the Commission on the non-Schengen measures, which fall under its purview, and we have made good progress on the Schengen measures, on which the outline of a possible deal is now clear. I indicated earlier that the matter was discussed at the General Affairs Council on 24 June, but technical reservations remain, and discussions continue with the aim of allowing those reservations to be lifted. Therefore, the negotiations are ongoing, but, as I have said, the Justice Secretary and I have been clear throughout that we will update Parliament as appropriate and give right hon. and hon. Members the opportunity to debate the issue. That is what we are doing today. Last week, we published the Command Paper—Cm 8897—which includes the full list of measures that were discussed at the General Affairs Council, and impact assessments on each of the measures. That fulfils the Government’s commitment to provide those impact assessments and further demonstrates our commitment to parliamentary scrutiny of the matter.

Many were sceptical that a deal could be done, and many believed that the European Commission and other member states would force the UK into measures that we did not want to rejoin, but I am proud to say that we have been able to resist many of the changes demanded by others, and have not been pushed into rejoining a larger number of measures. We are clear that the deal is a good deal for the United Kingdom.

One measure that we have successfully resisted joining is Prüm, a system that allows the police to check DNA, fingerprint and vehicle registration data. I have been clear in the House previously that we have neither the time nor the money to implement Prüm by 1 December. I have said that it will be senseless for us to rejoin it now and risk being infracted. Despite considerable pressure from the Commission and other member states, that remains the case.

All hon. Members want the most serious crimes such as rapes and murders to be solved and their perpetrators brought to justice. In some cases, that will mean the police comparing DNA or fingerprint data with those held by other European forces. Thirty per cent. of those arrested in London are foreign nationals, so it is clear that that is an operational necessity. Therefore, the comparisons already happen, and must do so if we are to solve cross-border crime. I would be negligent in my duty to protect the British public if I did not consider the issue carefully.

Justice and Home Affairs Opt-out

Debate between Theresa May and Jacob Rees-Mogg

Monday 7th April 2014 Commons Chamber

[Mrs May]

Of course, by definition, the Government’s role is negotiating with the parties I have just indicated—the Council, the Commission and the member states—on those measures to which they agree it is possible for us to opt back into. That process, which takes some time, has been put in motion. I will describe where we are a little later but, by definition, the process must be undertaken by the Government. We have been clear that we will come back to Parliament, which will have the opportunity to debate and vote on the package of measures.

As my hon. Friend the Member for Stone (Mr Cash) is well aware, we have indicated the measures on which we wish to opt back in. The discussions are in place with the European Commission and the other member states as to their views—whether or not they wish the UK to opt back in—and any other matters they wish to discuss with us as part of that negotiation.

[Jacob Rees-Mogg (North East Somerset) (Con)]

To ensure the fullest engagement with Parliament, ought not it to be the case that we vote on every individual measure and not on a package?

[Mrs May]

The Government have always seen this clearly as a number of measures, some of which interlink and relate to one another. Therefore, they are part of a package in relation to our ability better to protect the public and ensure that our law enforcement agencies have the powers that we consider they need.

--- Later in debate ---

[Mrs May]

I have made a number of improvements. The most obvious one is the introduction of the forum bar. That was not entirely popular on either side of the Atlantic, but we did it because we felt that it was right. I believe that it is an important safeguard in relation to the extradition of British citizens outside the European Union.

I believe that our reforms will make an important difference to the European arrest warrant. It is, of course, in our national interest to have an effective extradition system, and no other extradition system would be as effective.

[Jacob Rees-Mogg]

Before my right hon. Friend leaves the subject of proportionality, may I ask whether she has seen reports in today’s papers about a meeting of the Council of Ministers at which the French and Germans have indicated that they do not think that the proportionality test meets the requirements of European law?

[Mrs May]

I am aware of the report in today’s press, but I do not think that it referred to a Council of Ministers meeting. It may have referred to a document that possibly had been leaked from the European Commission. I say to my hon. Friend that, as I have made very clear, there are matters for discussion and matters for negotiation that we have to undertake as we go through this process, but other member states do have within their own systems a greater ability to deal with issues such as proportionality, and I think it is right that we have taken powers ourselves in our own legislation to do that.

Returning to my point, I think it is in our national interest to have an effective extradition system in place and no other extradition system would be as effective. We owe it to the victims of crime, and their families, to return the alleged perpetrators of serious crimes to this country and ensure that they face justice. There are many examples of that, of which I will cite only a few.

The arrest warrant recently helped the British authorities to secure the extradition and conviction of Francis Paul Cullen, a former priest who sexually assaulted seven children before spending more than two decades on the run in Spain. Thanks to the European arrest warrant, he will now swap the Spanish sun for a 15-year term in a British jail.

Our law enforcement agencies are clear that the arrest warrant has helped them to secure the return of dangerous criminals to face justice in the UK—criminals who under the old regime might not have been returned to answer for their crimes, including David Heiss from Germany and Florian Baboi from Romania.

David Heiss viciously murdered a British student, Matthew Pyke—originally from Stowmarket in Suffolk—in Nottingham in September 2008, stabbing him 86 times. Heiss was arrested on a European arrest warrant at his home in Germany a month after the offence and was surrendered to the UK the month after that. He has since been sentenced to a minimum of 18 years in prison. Before the European arrest warrant, Germany did not surrender its own nationals; indeed, there was a constitutional bar to its doing so, so it is clear that in this case the arrest warrant made a real difference.

Romanian and Bulgarian Accession

Debate between Theresa May and Jacob Rees-Mogg

Wednesday 27th November 2013 Commons Chamber

[Mrs May]

I have indicated that the habitual residence test will be available from 1 January, and that the measures for those people who will be removed—[Interruption.] The hon. Gentleman asked which measures would not be ready. He can work it out for himself, because I have told him which one will be in place on 1 January.

[Jacob Rees-Mogg (North East Somerset) (Con)]

I am sorry to have to ask the same question for about the sixth time. It is open to the Government to abrogate their treaty obligations, and it is open to the House to legislate. The free movement of people is no longer working in the interests of this nation, so why do Her Majesty’s Government lack the political will to change the law?

[Mrs May]

I am tempted to say that I suspect my hon. Friend was not sorry to have to ask that question for a sixth time. I have answered it in relation to an earlier question. The Government are taking steps to ensure that we can do what we believe to be necessary to address the issue of the removal of transitional controls on people coming from Romania and Bulgaria. I hope that my hon. Friend understands the intentions and good faith behind what the Government have done across the immigration system over the past three and a half years. We have explored every possible avenue to do everything we can to repair the damage, mentioned by my hon. Friend the Member for Northampton North (Michael Ellis), that was done by the last Labour Government’s policies.

2014 JHA Opt-out Decision

Debate between Theresa May and Jacob Rees-Mogg

Monday 15th July 2013 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

I beg to move,

That this House believes that the UK should opt out of all EU police and criminal justice measures adopted before December 2009 and seek to rejoin measures where it is in the national interest to do so and invites the European Scrutiny Committee, the Home Affairs Select Committee and the Justice Select Committee to submit relevant reports before the end of October, before the Government opens formal discussions with the Commission, Council and other Member States on the set of measures in Command Paper 8671, prior to the Government’s formal application to rejoin measures in accordance with Article10(5) of Protocol 36 to the TFEU.

For 40 years, ever since the United Kingdom entered what was then just a Common Market, power flowed in one direction—from this country and this place, which ought to be sovereign but in practice is often not, to the institutions of the European Union. Since the referendum in 1975, not once was the consent of the British people sought or given for a series of treaties that gave more and more power to Europe.

The Government’s decision, which I announced in a statement last week, to opt out of around 130 European justice and home affairs measures, before seeking to opt back into those measures that we believe work in the national interest, will be the first time in the history of our membership of the European Union that we have taken such a set of powers back from Brussels. Let us be clear that, however complicated the issues we are about to debate—I will soon come to those issues—we are first and foremost talking about bringing powers back home. That is something—

[Jacob Rees-Mogg (North East Somerset) (Con)]

Will the Home Secretary give way?

[Mrs May]

Will my hon. Friend allow me to finish my sentence? He is quick off the mark, as he always is on these matters.

That is something that should be celebrated by anybody who cares about national sovereignty, democracy and the role of this place in making the laws of our country.

[Jacob Rees-Mogg]

I am very grateful to my right hon. Friend for giving way to me so early on. Is it not unfortunately the case that 43 of the measures are, in effect, defunct anyway, that the ones we opt back into come under the European Court of Justice, and that that is a much bigger give-away of power than the relatively minor removal of powers that is happening under the opt-out?

Treaty on the Functioning of the EU

Debate between Theresa May and Jacob Rees-Mogg

Tuesday 9th July 2013 Commons Chamber

[Mrs May]

The decision on the form that any further vote will take in relation to these matters post negotiation is yet to be taken by the relevant House authorities and business managers. I welcome the hon. Gentleman’s opening remarks. Perhaps he might like to try to persuade his Front Benchers to be as clear in their position on the opt-out.

[Jacob Rees-Mogg (North East Somerset) (Con)]

I wonder whether my right hon. Friend has forgotten the coalition agreement, which states:

“We will ensure that there is no further transfer of sovereignty or powers over the course of the next Parliament.”

Anything that we opt back into comes under the European Court of Justice, the European Parliament and might be subject to qualified majority voting. All those three items are a surrender of sovereignty, and therefore her statement is disappointing to many people.

[Mrs May]

I merely remind my hon. Friend that the matters we are seeking to rejoin are ones to which we are currently not party. I recognise that we will be seeking to rejoin them post Lisbon treaty, but we have not suddenly plucked them out of thin air.

Abu Qatada

Debate between Theresa May and Jacob Rees-Mogg

Tuesday 7th February 2012 Commons Chamber

[Mrs May]

One of the important messages comes from part of the Court’s decision, which is that where we have memorandums of understanding in relation to the treatment of individuals, that was upheld by the European Court. That is an important part of the judgment. Obviously, as I have said we vehemently disagree with the other part of the Court’s judgment in relation to the issue of a fair trial, which is why we continue to do what all hon. Members have said they want, which is to see if there are ways we can move to Abu Qatada’s deportation.

[Jacob Rees-Mogg (North East Somerset) (Con)]

My right hon. Friend referred to the current legal framework. Will she confirm that it is open to Parliament to change this legal framework, and would it therefore be possible to repeal any rights of the European Court to interfere in our affairs and to return this matter to British courts—and could a Bill to achieve this be introduced tomorrow?

[Mrs May]

We are signatories to the European convention on human rights, and we remain signatories to that convention. That has been the policy across Governments in this country. As I have said in response to a number of questions, we are doing what we can at this time, with our chairmanship of the Council of Europe, to bring change to the way the European Court operates.

European Investigation Order

Debate between Theresa May and Jacob Rees-Mogg

Tuesday 27th July 2010 Commons Chamber

[Mrs May]

The proportionality test is something that we intend to negotiate with other member states from the point of opt-in to the point at which the text of the final directive is determined.

[Jacob Rees-Mogg (North East Somerset) (Con)]

As the final text will be determined by qualified majority vote, how may we be certain that we will not cede powers to Europe? Does the Home Secretary recall the words of a great and noble lady who, when Europe was trying to snatch powers, once said from that very Dispatch box, “No, no, no”? Is not that a much preferable way in which to approach a further European grab?

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

“No, no, no” is the answer.