European Investigation Order

William Cash Excerpts

Tuesday 27th July 2010 Commons Chamber

[Mr Speaker]

Order. Many Members wish to ask questions, and as I said before, there is great pressure on business, so brevity is required. Hopeful of a lead on that point, I call Mr William Cash.

[Mr William Cash (Stone) (Con)]

I am deeply concerned that the EIO has not been considered by the European Scrutiny Committee, which was formally set up last night, and nor have many other important matters. The legal basis is qualified majority voting, co-decision and the European Court of Justice under the Lisbon treaty. Will the Secretary of State confirm that the EIO applies to all investigative measures, and that it gives undue rights to police officers from other European countries to order our police to gather sensitive personal information —and, furthermore, DNA and banking records—in relation to non-criminal matters, and from those who are not even suspects? The grounds for refusing an EIO request are totally inadequate, and I am sure that the ESC will demand a debate and call evidence, but regrettably, it cannot do so until 8 September, because it has not been called to sit until then.

[Mrs May]

I must tell my hon. Friend that decisions on when the ESC meets are rather more a matter for him—as I understand it, he is the Chair of that Committee—than for me. However, I share some of his concern. As he and other Members of the House will know, I have written a pamphlet and proposed a 10-point plan on how Parliament can have more of an opportunity to have a say on, and to debate, decisions on European matters.

The instrument came before the Government on 29 April with a three-month deadline for decision. Of course, that period was partly taken up by the election, and the ESC was formed only last night, as my hon. Friend said. In the normal course of events in Parliament, the ESC could suggest the matter for debate. On that point, it is certainly my hope that when the Government propose to opt in on a major JHA issue, Parliament can consider it. However, I hesitate to give more of a guarantee than that, because what happens in Parliament is a matter for the business managers rather than for me. On the powers that my hon. Friend claims the EIO gives to foreign police forces and others, I must tell him that I think he is wrong.