Wayne David
Main Page: Wayne David (Labour - Caerphilly)Department Debates - View all Wayne David's debates with the Home Office
(10 years, 9 months ago)
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Mrs May
I have not explained the point yet, so I suggest that the hon. Gentleman waits to hear what I am going to say.
In his statement in January 2011, the Minister for Europe, my right hon. Friend the Member for Aylesbury (Mr Lidington) said:
“Parliament should have the right to give its view on a decision of such importance. The Government therefore commit to a vote in both Houses of Parliament before they make a formal decision on whether they wish to opt out.”—[Official Report, 20 January 2011; Vol. 521, c. 51WS.]
Today’s vote is the fulfilment of that commitment. It is, as the wording of the motion makes clear, the vote on whether the Government should exercise the right to opt out. The decision about which measures the UK should seek to rejoin is separate, so there will be a second, separate vote on that matter. We have published that set of measures, along with explanatory memorandums, in Command Paper 8671, last week.
Wayne David
The Home Secretary quoted the Minister for Europe’s statement of January 2011, but she did not mention that he went on to say:
“The Government will conduct further consultations on the arrangements for this vote, in particular with the European Scrutiny Committees, and the Commons and Lords Home Affairs and Justice Select Committees”.—[Official Report, 20 January 2011; Vol. 521, c. 51WS.]
Will she tell us whether those discussions took place, as promised two years ago?
Mrs May
We are going to ensure, as the motion suggests, that the Scrutiny Committee and the two Select Committees have the opportunity properly to scrutinise the set of measures, and there will be two votes in the House. We have always been clear that Parliament and its Committees should have adequate time to scrutinise the set of measures. That work does not need to be done before today’s vote, because today’s vote is about the decision to exercise the opt-out.
Mrs May
Of course some countries negotiate arrangements with other countries—indeed, we have individual arrangements with countries outside the EU —but if we had to negotiate separate bilateral agreements with all 27 other member states, why does my hon. Friend think that they would work any better than the arrest warrant? Would that suddenly improve the level of justice in certain countries or speed up the system? On the contrary; I think it would be likely to slow it down. As my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) said, all sorts of problems with speed and cost could ensue, and we would risk being unable to bring foreign nationals back here to the United Kingdom.
Wayne David
The Home Secretary has outlined the changes to the European arrest warrant that she would like to make unilaterally, but what changes would she like to make at a European level?
Mrs May
I have been discussing with other member states the operation of the European arrest warrant and the possibility of some changes being made to it. Some member states are looking at the way they operate the European arrest warrant and may change some of their legislation to make it better for us in terms of proportionality. We are talking to other member states that might also be taking powers to introduce proportionality in a way that reduces the number of trivial crimes for which European arrest warrants are issued into the United Kingdom.
Wayne David
My right hon. Friend has suggested that there may be an attempt to bounce the House into making this decision, but does she think there is a possibility that the Conservative party Government want to have as little debate as possible on this issue because of divisions within the Conservatives’ own ranks?
Yvette Cooper
My hon. Friend is right that that is what it looks like. Why else would there have been such late notice that we were going to have this debate at all today? We have had plenty of discussions over many months about the European arrest warrant and the opt-in, opt-out process. Everybody has known that this was coming, so why was this the subject for an emergency business statement? We have had very few emergency business statements in this Parliament, yet this somehow qualified for one. That raises questions as to whether this was about political party management rather than having proper respect for the House.
Wayne David (Caerphilly) (Lab)
The decision before us this evening is important—I think. I say that because the significance of the Government’s accepting amendment (b) is taking a little while to sink in, but we shall see.
This is an important debate. I do not approach this issue in an ideological way. This is not about whether we are for Europe or against Europe; it is about whether we come to a balanced decision that is in the best interests of the United Kingdom. I have to be honest: I have some reservations about the jurisdiction of the European Court of Justice. I well remember the discussions inside Government when Labour was in power about whether we should dismantle the third pillar and go along with the suggestion that it should incorporated in the treaty on the institutions of the European Union as a whole. I still have some reservations and concerns about that.
It is also important to recognise just how significant the measures we are debating are, particularly with regard to the European arrest warrant. Whatever concerns we might have—for example, about the European Court of Justice—it is important for us to look practically at what the practitioners in the field say. I am thinking in particular of the police. It is very significant indeed that the Association of Chief Police Officers has said quite emphatically just how important the European arrest warrant is in tackling international crime.
It is worth looking at the hard-core statistics and recognising that the UK has deported more than 4,000 criminals under the European arrest warrant, 95% of whom are foreign nationals removed from the UK. At the same time, more than 600 alleged criminals have been returned to the UK to face British justice for crimes committed here. It is important to recognise what ACPO emphatically said in its evidence to the House of Lords EU Committee. The summation put the position of ACPO, and indeed many others, very well:
“The majority of our witnesses considered the EAW to be an important PCJ measure that brought benefits to the United Kingdom. They said that it had led to the creation of a more efficient, simpler, quicker, cheaper, more reliable and less political system of extradition”.
That is a very important statement, and I think anyone genuinely concerned about tackling international crime effectively should be wary about rejecting such concerted advice. It is important for us to recognise that, but that is not to say that the European arrest warrant is perfect—far from it.
Many people in the evidence sessions held in the House of Lords indicated that there was room for improvement. It is significant that the Home Secretary specified in her statement this afternoon a number of unilateral measures that the British Government would like to take to improve the workings of the EAW. I would suggest, however, that it is not simply a question of us wanting to improve the EAW. As the Home Secretary said in response to my question, it is important to have a dialogue with individual member states, but it is also important to have a dialogue inside the institutions of the European Union. That is why I am concerned that the general rhetoric and bellicose attitude of this Government towards things European does not put them in a good position to negotiate inside the tent practical arrangements relating to the EAW and many other matters.
George Eustice
The hon. Gentleman has highlighted his agreement with the Home Secretary that the European arrest warrant as it stands is not perfect and could be reformed and improved. What would he change to make it acceptable to him?
Wayne David
One of the main concerns is that there are many minor infringements. The Chairman of the Home Affairs Select Committee referred to the example of the Polish wheelbarrow theft. That provides a clear practical example of where people realise that systems such as this need to be changed. A number of practical points have been put forward, and I think Members should examine them very carefully.
Genuine concern has been expressed about the practical workings of the EAW, but the central point I want to make this afternoon is that the nature of crime has changed markedly over the last few years. We all realise we live in a global economy, but we are also seeing international crime the like of which we have never seen before. The trend towards the internationalisation of criminality is, frankly, likely to continue. I well remember asking the then chief constable of Gwent, “Where is the focal point for criminal planning and masterminding in Gwent?” and the answer was that it was “in the Balkans”. That brought home to me a very practical sense that if we are serious about neighbourhood policing and tackling criminality in our own areas, we have to be concerned not just about the national picture but about the international picture, too. The European Union, and the European arrest warrant in particular, represents a very positive step towards addressing this practical reality.
As I say, practical reality is of primary concern, and it has to be placed against other measures about which we might not be so enthusiastic, such as the increasing jurisdiction and powers of the European Court of Justice. However, on balance, I am confident that we should support the proposal to opt into the measures.
The Government gave the clear impression that there would be far more consultation and debate in the House than has actually taken place. I intervened on the Home Secretary earlier when she quoted a statement made back in January 2011 by the Minister for Europe, who stated categorically that the Government would conduct further consultation on the arrangements for the vote and that, in particular, there would be consultation with the European Scrutiny, Home Affairs and Justice Committees in both Houses. In fairness to the Minister, it must be said that he recognised the significance of the vote and the need to go into all the fine detail that is inherent in these measures; but sadly, notwithstanding the apparent concession that was made a few moments ago, the Government do not seem inclined to embrace the spirit of what he said. I regret that, because I think it would be most unfortunate if the impression were given that the House was being bounced into a decision, and that we were engaged in a process that we did not wholly understand because of its contradictory nature—what with “in-out, in-out” and all the rest of it.
What we need is straightforwardness and transparency. We need a full appreciation of the complexities of the issues, and a balanced, measured response to the pros and cons with which we are faced. I think that the debate represents a small step in that direction, but I hope very much that the Government will take on board, in particular, what has been said by the Chairs of the Select Committees.
As I said earlier, this is an important issue, and no Member in any part of the House should approach it from either a pro-Europe or an anti-Europe standpoint. We must consider the pros and cons, we must recognise the reality of the modern world in which we live, and we must reach a balanced decision on whether these measures —particularly the one relating to the European arrest warrant—will help or hinder the fight against crime. Personally, I have no doubt that they will help.
Chris Grayling
What we have agreed to do across the Government is table amendments to the Bill before the House at the moment that introduce things like a proportionality test, which is much needed and mirrors the situation in Germany. That is the kind of reform to the arrest warrant that is very much needed.
Chris Grayling
No, I am going to make some progress.
I want to return to the amendment tabled by the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) and the other Committee Chairmen. We recognise the desire of the House Committees to carry out detailed scrutiny of our proposals. I want to make it clear that the Government are strongly committed to the set of 35 measures in Command Paper 8671, but we do not want to circumscribe debate in this House, which is why if the amendment is moved, I will be happy to accept it.
This is not simply a question of us deciding that list. There is a process of negotiation with the Commission and the other member states to follow. We will need the support of the Council and other member states if we are going to opt back into different measures.