EU Police and Criminal Justice Measures: EUC Reports

Viscount Bridgeman Excerpts

Thursday 23rd January 2014 Lords Chamber

[Viscount Bridgeman (Con)]

My Lords, I join other noble Lords in thanking the noble Lord, Lord Hannay, for this debate and pay tribute to the clerks—Michael Torrance and Chris Atkinson, and especially the special adviser Paul Dowling—for the very personal help they have given me. Also, what a privilege it has been to have the noble Baroness, Lady Corston, working so well with this sub-committee.

I have particular pleasure in following the noble Lord, Lord Blair, because I want to say something more about Europol, which is of course one of the success stories of the EU. Let us be thankful that it at least is one of the measures we propose to opt in to. From its beginning in the 1990s, Europol has developed into an organisation with an unrivalled intelligence base and close co-operation with the police forces of the European Union and indeed round the world, examples of which the noble Lord gave. It is fortunate currently to have an outstanding director, Rob Wainwright of the United Kingdom, from whom Sub-Committees E and F heard evidence on two occasions in 2013.

It is important to note that no national police sovereignty is ceded to Europol. The role of Europol is purely supportive. Its effectiveness centres round its database, to which the UK is the largest contributor. Of its many successes in cross-border operations, Mr Wainwright cited Operation Rescue over two years, which involved 32 national police forces in breaking up an internet child abuse ring resulting in over 100 arrests. Another measure of its success is the number of states outside the European Union queuing up to join Europol, including the United States. A particular feature of the Europol set-up is the establishment of national liaison offices within its headquarters, staffed by police officers from each particular member state. Most importantly, it is run on a very lean budget of 0.8% of the total EU budget.

As I have said, the Government have made the decision to opt in to Europol. However, at our first meeting with Mr Wainwright in January 2013—that is, before the Home Secretary’s announcement—both Sub-Committees E and F, because it was a joint meeting, were left in no doubt of the adverse consequences there would have been for the UK had we not opted in. Denial of automatic access to the database would have been a huge handicap involving costly and time-consuming negotiations between the UK, the union and other parties to establish some form of substitute relationship, and it is reasonable to assume that crime prevention with a cross-border element would have been severely affected in the United Kingdom. Of course, none of this will now be necessary so, so far, I have little to criticise the Minister on.

I return to a point referred to by the noble and learned Lord, Lord Lloyd of Berwick. I would just point out that Sub-Committee F expressed disappointment with the Government that, having made the decision, they have chosen not to opt in fully forthwith so that they can play a fuller part in negotiations over a new Europol structure. The Government’s reply to this criticism in our report advises,

“we are actively seeking changes to the new Europol proposal to address these points before making a decision on whether to opt in”.

It goes on:

“We are currently fully engaged in negotiations and continue to work with other Member States to push for the changes we need. We have been present at all meetings when changes to the draft legislation have been discussed and are able to intervene as and when we wish”.

I cannot avoid further quoting so that we sleep easy in our beds:

“While we do not have a vote, other Member States and the EU Institutions value our experience in this area and take our concerns very seriously”.

I am sure Her Majesty’s Government have their own reasons for this somewhat “now we’re here, now we’re not” approach, and I hope the Minister will be able to assure the House that the interests of the United Kingdom in this most important of European institutions, in which it plays so crucial a part, are indeed being fully addressed.