2014 JHA Opt-out Decision

Debate between Wayne David and George Eustice

Monday 15th July 2013 Commons Chamber

[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.

European Union Bill

Debate between Wayne David and George Eustice

Monday 24th January 2011 Commons Chamber

[George Eustice]

No, I personally do not agree with that, and there is a good reason why. What the Bill should aim to do is prevent the handing over of power from this country to the European Union. I want sovereignty for this Parliament; I do not want this Parliament to interfere in the decisions of other countries. However, once we start saying that we should have a veto on the accession of countries such as Turkey, we start to get into that territory.

[Mr David]

How would a referendum on accession be an interference in, let us say, the governance of Turkey?

[George Eustice]

Because rather than allowing such countries to join—and we have already expanded the number of countries in the European Union—we would then be saying that every country should have a veto on future accessions. I do not think that that is right. Let me also just say that Turkey is a moderate, Muslim country, and a great example of a successful secular democracy, which we should be supporting and encouraging, rather than sending signals that suggest that we are against accession.

As I have said, I have campaigned for referendums for a long time. In my time campaigning against European integration, it is fair to say that I have seen a lot of referendums promised and then subsequently taken away.

--- Later in debate ---

[Mr David]

I would like to put a pretty fundamental question to the hon. Gentleman. If a Government were to say, “There will not be a referendum during this Parliament, because we will not introduce any measures that would trigger one,” what would be the point of this legislation?

[George Eustice]

I am not sure that I understand the hon. Gentleman’s point. If any major transfer of power from the UK Parliament to the EU were proposed, a referendum would automatically be triggered.