EU Justice and Home Affairs Measures

Debate between Tony Baldry and Keith Vaz

Wednesday 19th November 2014 Commons Chamber

[Keith Vaz]

I was just about to say that. I do not want this to sound like self-congratulation—[Hon. Members: “Oh yes you do!”] Oh, all right—I do! I concede that point. To have united the three Chairs of the Select Committees and all their members, given their different politics and personalities, is a unique achievement for any Government. I am minded to join those on the two Front Benches in the Division Lobby to support the motion, if only to see the Home Secretary and the shadow Home Secretary in the same Lobby at the same time—I am not sure who will get there first—but I shall not be voting tonight. I am sure that my extra vote would not count for much anyway, given that the motion will be passed, but this is the only way I have of expressing my exasperation at the insufficient time we have had to discuss these matters or to look in real detail at the European arrest warrant.

The Home Secretary is right to say that there have been changes since we started last year, but those changes do not go far enough to deal with the kinds of issues that were raised in the Select Committee by several Members, including the Lord Chancellor and Secretary of State for Justice, the right hon. Member for Epsom and Ewell (Chris Grayling), and the hon. Members for Enfield North (Nick de Bois) and for South Dorset (Richard Drax), all of whom came and talked about specific examples.

I am not against the principle of the European arrest warrant. The Home Secretary and the shadow Home Secretary have made a powerful case in support of that principle. The problem lies in the practicalities involved and the difficulty in exercising any control—we have none—over jurisdictions in other countries. Poland has been mentioned. We have had more European arrest warrant requests from Poland—2,400—than from any other country in Europe. The Home Secretary says that Poland is changing its legislation.

[Sir Tony Baldry]

The fact is that these are mostly for Poles going back to Poland—they want their own Poles back—and they are not for our citizens.

[Keith Vaz]

Of course if the Poles want the Poles back, they should have them back. The problem is that Poland is issuing these arrest warrants because it does not do so when it is prosecution-ready; a judge has no jurisdiction in these matters and these things are just issued, no matter what the case is. We cannot intervene in Polish legislation to try to change that position. The right hon. Gentleman talks about Poland having the Poles back. There are 1,000 Polish people in our prisons as foreign national prisoners and if Poland wanted them back I am sure the Home Secretary would be delighted to send them back to Poland. However, they are still in our prisons.

The fact is that these practicalities do stand in the way of justice. As Lady Hale said in the case of PH, HH and FK, this rests, in the end, with the other national countries of the European Union; it does not rest with us. So no matter what we do in the House today, those practical difficulties remain. I know that successive Governments have tried hard to change the situation, but we cannot intervene in the legislation of other countries. That is why we get these absurd cases where European arrest warrants are issued for people without the need to hand them out. The figures show that 28% of people arrested in our country are foreign nationals, half of whom are from the European Union. The cost of executing a European arrest warrant is £20,000—it costs that each time. The figures for arrests and surrenders show 5,184 arrests and 4,005 surrenders, so we are talking about 1,179 more arrests than surrenders.

That is why we needed an early debate on this matter. We do not need to go right up to the wire, with 12 days to go before the end of these discussions. Parliament, especially constituency MPs, who have real issues to raise, should have had the opportunity to raise this matter before. I am sorry that the Government did not listen to what my Committee said clearly a year ago, in paragraphs 85 and 87 of its report. Paragraph 87 stated:

“To date”—

this was a year ago—

“we have been disappointed with the extent and timeliness of the Government’s involvement of Parliament in scrutinising the 2014 opt-out and proposed opt-in. We hope that it will engage more constructively with Parliament for the remainder of this process.”

Now, with 12 days to go, we have our first real debate on this issue, thanks to the shadow Home Secretary tabling this motion.

We have just been told by the Home Secretary that she has not even notified the European Union that we are going to opt in. Bearing in mind the paperwork involved and the way in which the Home Office deals with its paperwork, I have a suggestion to make to the right hon. Lady: when she signs her letter, she should give it to the hon. Members for Hexham (Guy Opperman) and for Meon Valley (George Hollingbery), who are sitting behind her, and make sure that they take it straight to the European Union headquarters in Brussels. Otherwise, given the history of the Home Office, this deadline will be missed, like so many others.

I hope the Home Secretary will, in her wind-up, further reassure the House that the points made by Members of this House in their evidence to my Select Committee and the reports the three Select Committees have issued will be taken even more seriously than they have been in the past.