EU Justice and Home Affairs Measures

Debate between William Cash and Mike Thornton

Wednesday 19th November 2014 Commons Chamber

[Sir William Cash (Stone) (Con)]

Of course we want law and order and security—that goes without saying. The question that we are faced with at last, despite the shambles of last week, is whether we are effectively bending the knee to European dogma, the charter of fundamental rights and the European Court of Justice.

The reason I shall vote against the motion is simple: I put the issue of miscarriages of justice ahead of the other issues that have been addressed. I ask the Government the following questions. What about fair trials? What about political and judicial corruption in some European countries? What about habeas corpus? What would hon. Members think if they or their families were subjected to the miscarriages of justice that we have heard about today? I pay tribute to my hon. Friend the Member for Esher and Walton (Mr Raab) for his tenacity and to my hon. Friend the Member for Enfield North (Nick de Bois) and the hon. Member for Blackley and Broughton (Graham Stringer) for what they have said.

As I said earlier, what is so special about the EU in respect of these questions, when Turkey may well become a hotbed of terrorism? What about the rest of the world?

This issue smacks to me of the case of Liversidge v. Anderson in the 1940s, which related to emergency regulation 18B. It became clear that what was really at stake was the question of the state versus the individual. Eventually, after four years of agonising, the courts accepted that there had been a massive miscarriage of justice. I believe that such cases will become increasingly common when we accept the irreversible—other than through the repeal or amendment of the European Communities Act 1972—commitment to these procedures.

If we were confronted with a Bill containing these measures, it would go through all the stages of consideration and could be amended. We are denied that because the measures are contained in European regulations. We are conceding sovereignty over a significant area of criminal law to European institutions. The key role of interpretation will pass from the UK Supreme Court to the European Court of Justice. The Spanish discovered recently in the Melloni case that the European arrest warrant can undermine the human rights protections in their own constitution.

I raised the question of the EU charter of fundamental rights with the Home Secretary. I remind her that the matter has already been adjudicated on by the courts. It is implemented under section 3 of the 1972 Act. That section must be amended to adjust that imposition on the UK, its Parliament and its courts.

There is the question of this being a pan-European system. Law and order and public safety have been the common themes put forward by the Government, as though they should override all other considerations, such as the sovereignty of Parliament and the protection of the rights and civil liberties of the individual. Under the enactments that we have made on behalf of the voters who send us here, we do not send our Members of Parliament to Brussels.

The EAW is a mutual recognition measure. It relies on a parity of standards of justice that does not exist universally. The lack of that parity of standards would become even more pronounced if the EU expanded to include countries such as Albania. The EU itself reported on the unacceptable levels of corruption in the Albanian justice system as part of its pre-candidature due diligence.

The changes that were made to the European arrest warrant in the Anti-social Behaviour, Crime and Policing Act 2014 have yet to be proven. We do not know what would happen in cases such as those of Turner, Symeou, Dark and Mann, and the case of Ashya King came after the reforms. That was the case I referred to the other day, in which a poor child suffering from a brain tumour was separated from its parents, who were put in handcuffs under this outrageous miscarriage of justice.

[Mike Thornton (Eastleigh) (LD)]

I have a great deal of respect for the Chair of the European Scrutiny Committee, but surely the point about the Ashya King arrest warrant is that it was issued by the British authorities. If my hon. Friend is going to complain about the issuing of an arrest warrant by a British authority, he has to look at the whole British justice system. That mistake surely had little to do with the European arrest warrant and was due to the British authorities.

[Sir William Cash]

I also respect my hon. Friend, who sits on the European Scrutiny Committee, but my point is simple: the British authorities, in line with a continuing stream of human rights consciousness such as the Human Rights Act, the charter and the rest of it, were insufficiently vigilant. The case should have been rejected. That is the problem—the pervasive atmosphere of compliance with those things, and the European arrest warrant is part of that attitude.

I will go further and say that in their handling of this process, the Government have completely failed to honour their repeated undertakings that they would enable Parliament to vote on the entire package of measures that they propose to rejoin. So much has been said so well by so many Members, but I wish finally to say this. Rejoining the measures in question without proper and explicit parliamentary consent would be lawful, just as it would be possible to go to war, for instance, without explicit parliamentary consent. However, the Government should reflect on the fact that we are standing up for the individual who is affected and victimised by this miscarriage of justice. The vote is going to go against us today, we know that, but in taking this course of action the Government will have exercised their prerogative Executive powers by merely sending a letter. As I said to the Home Secretary last week, that undermines the democratic legitimacy of their decision.