Yvette Cooper
Main Page: Yvette Cooper (Labour - Pontefract, Castleford and Knottingley)Department Debates - View all Yvette Cooper's debates with the Home Office
(10 years, 8 months ago)
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Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Today’s debate is one that the Home Secretary and Justice Secretary did not want to have. They have been forced into it by the three Select Committees because time and again they have tried to avoid coming to Parliament, avoid providing information to Parliament and avoid having a vote. The Select Committee on Home Affairs told them:
“we have been disappointed with the extent and timeliness of the Government’s involvement of Parliament”.
The European Scrutiny Committee described the Government’s approach as
“a serious omission as well as a missed opportunity to inform the debate in Parliament and beyond.”
The Select Committee on Justice summed up its report by saying
“we criticise the ‘cavalier fashion’ in which Parliament has been treated.”
The Home Secretary was in cavalier mode again today, because although she announced the opt-out in July last year and the Select Committees reports came out in October—we can presume that she has been negotiating since then—we had today no update on the progress of the negotiations, no sense of the timetable and no sense of when the vote will be called. We have to wonder what the Home Secretary has to hide. The truth is that she is hiding because this whole opt-out, opt-in is a massive con. She has done a U-turn again on the main measures, and is opting out and opting back in to them again. The only measures she is staying out of are ones that were largely redundant in any case, and what she is doing is a complex negotiation with our European partners, which is playing games with European security co-operation: “We’ll pull the arrest warrant out; we’ll put the arrest warrant back in. We’ll in out, in out, shake it all about. Play the opt-out hokey cokey, and you turn around. That’s what it’s all about.”
Yvette Cooper
I will give way to the hon. Lady, who is a member of the Fresh Start group and who, I am sure, must have been very disappointed with the Home Secretary’s conclusions.
Andrea Leadsom
Does the right hon. Lady regret the fact that the previous Government did not give the British people a say before they signed up to the Lisbon treaty, which created the muddle this Government have had to try to deal with?
Yvette Cooper
I must say to the hon. Lady that we do not think that it is a muddle to have co-operation with European police forces to bring criminals to justice and to provide victims with justice. I know that the Fresh Start group, of which she is a leading member, thought that we should replace all of this with a new international treaty. The Chair of the European Scrutiny Committee and many Government Back Benchers wanted to opt out and stay out of everything. The last time we debated the subject, a queue of Members stood up to say how much they wanted us to opt out and stay out of not just the European arrest warrant but all the major measures.
Mr Jim Cunningham
The Home Secretary has boasted a lot about giving the people a referendum, but up until the last general election, her party refused the British people a referendum, and we are the only political party that ever gave the British people a referendum on Europe.
Yvette Cooper
My hon. Friend has a point, but it is not just about referendums; those on the Government Front Bench do not even want this House to vote on the measures that the Select Committees have proposed.
Yvette Cooper
I cannot resist giving way to the hon. Gentleman, given that he and I ended up agreeing with each other the last time we debated this matter. Let us see whether I agree with him this time.
Jacob Rees-Mogg
I hope that the right hon. Lady will agree with me. Does she recall that the former Prime Minister, Tony Blair, in an answer to my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) when reporting on the agreement of the Lisbon treaty, said that his reasons for not giving a referendum were that there was an opt-out to justice and home affairs, and an opt out to the charter of fundamental rights. As the latter opt-out is non-existent and the former opt-out is being given up, is it not now time for a referendum?
Yvette Cooper
The hon. Gentleman seemed to be opting out and opting in all over the place there. The problem with the opt-out that he wanted is that, by the time we have opted back in to the main measures, it will not really be there at all. Here is what the Prime Minister said about these measures. He described the European arrest warrant as “highly objectionable” and the Home Secretary’s package, which is before us today, as a massive “transfer of powers”.
The Home Secretary said that it was
“the first time in the history of our membership of the European Union that we have taken such a set of powers back from Brussels.”
She described it as
“something that should be celebrated by anybody who cares about national sovereignty, democracy and the role of this place in making the laws of our country.”—[Official Report, 15 July 2013; Vol. 566, c. 770.]
So what does she want us to celebrate today? The truth is that the Home Secretary now wants us to opt back into the important measures again—thank goodness. Finally she has listened to reason. I was delighted to hear her list many of the cases in which the European arrest warrant has been used—rightly used—and needed; in fact, they were many of the examples that Labour Members were putting to her 12 months ago when she was refusing to listen. Finally, she has listened to the police, who have said that many of the measures, if we opt out and stay out of them, would let criminals run free. She has listened to the victims who feared that they would be denied justice. Finally, she has listened on cases such as that of Jason McKay, who was extradited from Poland within two weeks for murdering his partner. Under the old extradition arrangements, it would have taken several years to get him back to face justice for a murdered woman. So yes, she has rightly done a U-turn on the European arrest warrant, joint investigation teams, Schengen information sharing and co-operation over online child abuse.
The Home Secretary is right to admit that we cannot go back to the days when it took 10 years to extradite a terror suspect to France, or when it took 11 years to get Ronnie Knight back from the costa del crime. She is right to support the deportation of thousands of foreign suspects to their home countries to face charges. I agree that co-operation is needed in a whole series of different areas. We are glad, too, that the Home Secretary has accepted the need for the exchange of criminal records, Eurojust, the co-operation to protect personal data and measures on football hooliganism. We cannot go back to the days when foreign criminal gangs were untouchable and criminals were able to seek sanctuary on the continent. I am glad that the Home Secretary has decided to ignore her Back-Bench colleagues and the Fresh Start group and to listen instead to Labour, the Liberal Democrats, the police and victims of crime.
What is left that the Home Secretary wants us to remain opted out from? What is the massive transfer of powers—the historic transfer, the repatriation—that the Home Secretary wants us to celebrate today? We will not be signed up to some joint proceedings on driving licences, but they are not in force and are out of date. We will not be signed up to a directory on international organised crime, but it was closed down two years ago. We will not sign up to the guidance on the payment of informers, but we will carry on following it. We will not sign up to guidelines on working with other countries on drug trafficking, but we will carry on doing that anyway. We will not sign up to measures on cybercrime and mutual legal assistance, because they have all been superseded by other measures to which we have signed up instead. We will not sign up to minimum standards on bribery, but we will still meet them because the Bribery Act 2010 is still in place. We will not sign up to measures to tackle racism, but we will still meet them because we have hate crime legislation in place. We will not sign up to measures on accession, because they never applied to us in the first place. And we will not sign up to receive a directory of specialist counter-terrorism officers, but someone will probably send it to us in the post.
That is it. That is the historic transfer of powers that the Home Secretary boasted about—the great liberation from Europe and the great cause for celebration that she promised us when we last debated these matters. We have the power not to do a whole series of things we plan to carry on doing anyway, the power not to follow guidance we already follow, the power not to take action we already take, the power not to meet standards we already meet, the power not to do things that everyone else has already stopped doing and the power not to do a whole series of things we want to do anyway. This is her historic moment. She said it would be a first in the history of our membership of the EU; she wanted it to be her Churchill moment. Churchill? Only if it is the nodding dog in the back of the car.
This is a political charade. Now that we are playing charades, will the Home Secretary at least reassure us that she is not doing any lasting damage? Can she assure us that, for the sake of a few opt-outs, the warrants will not be lost?
Mr John Redwood (Wokingham) (Con)
Does the right hon. Lady not understand that if we opt back in to many of the big and serious measures we are discussing, a future Home Secretary in this House would be impotent in large areas of criminal justice?
Yvette Cooper
I must say that I am baffled that the right hon. Gentleman could consider a bit of guidance on this and a bit of a directory on that to be a huge, powerful thing in relation to criminal justice—[Interruption.] Oh, he is talking about the European arrest warrant. On that point, I think that he and I simply disagree. He would like us not to be able swiftly to deport foreign suspects to their home country to stand charge. He would like us not to be able swiftly to bring back to this country those who are suspected of serious crimes and need to face justice. Before we had the European arrest warrant, we waited years to get back the people we needed to have charged with serious crimes.
Mr Redwood
Of course I do not want to deny us that right, but I want us to have that right in a way that is accountable to this Parliament and in ways that we can amend.
Yvette Cooper
Unfortunately, the right hon. Gentleman wants us to sign huge numbers of different extradition treaties when the extradition treaties and arrangements we had before the European arrest warrant took years. I do not think that that is fair on the victims of crime who want to see justice done.
Keith Vaz
On the European arrest warrant, is there not also an obligation on member states to consider their own legislation and ensure that they are not issuing such warrants for trivial matters? Poland, for example, issued 3,809 European arrest warrants, clogging up our courts. That is where we should be negotiating to ensure that member states also understand their responsibilities.
Yvette Cooper
My right hon. Friend makes an important point. We have said that we should argue within Europe for reforms to the way in which the European arrest warrant system works to make sure that it is properly proportionate. We must recognise that this is partly about the people we want to return to this country so that they can stand trial here. It is also about our not harbouring criminals from abroad who have come here and who should go back to their home country to stand trial. He is right that the system needs to work effectively, which means having that debate in Europe with other European countries about the reforms that we hope they will make. There has been considerable interest from many other countries in making such reforms. We need assurances from Ministers that we will have guarantees that we can immediately opt back into the European arrest warrant and important measures on 1 December, when the opt-out is given legal effect, and we want to know whether other member states have agreed to the plan.
Pete Wishart (Perth and North Perthshire) (SNP)
The right hon. Lady gave a useful list of the fluff and nonsense that we are opting out of, but one thing that we are not opting back into is the European judicial network, which is an important body that helps to prosecute European arrest warrant cases. Does the Labour party have any view about what we should do about that to ensure that we can opt back in?
Yvette Cooper
The hon. Gentleman points to a series of areas where the Government have proposed opting out or where it is not clear why they want to opt out and what the benefits are of doing so. We gather, too, that the Austrians, the Germans, the Spanish and the French have all called for the UK to opt into other measures as part of the negotiations. In addition to the list of 35 measures that the Home Secretary wants to opt back into, they list a further 13. The Home Secretary and the Justice Secretary should tell us whether they support those 13 measures or whether they will make them a red-line issue and call a halt to the negotiations if other countries insist on them so that a deal can be negotiated by 1 December.
The British head of Europol, Rob Wainwright, is worried about Britain opting out of some of the Europol regulations, because the new ones that the Home Secretary is prepared to support are not ready yet. He told the Select Committee on Home Affairs:
“I don’t think it is likely the new regulation will enter into force before December 2014 so there is likely to be a gap and, if there are not sufficient transitional measures in the meantime, then those accompanying eight measures would leave a gap, frankly, in terms of UK capability to carry out its work against international organised crime and terrorism.”
The Home Secretary should tell the House what she is doing about that, because it sounds serious and concerning. Has she put those measures back on her list to opt back into, and has she drawn up transitional measures?
We need to know, too, how much time and diplomatic resources the negotiation has taken up. For the remainder of the negotiating period, Italy will hold the presidency of the Council, and we understand that the Home Secretary is trying to persuade the Italian Government to make this a major priority and allow time for the European Council to negotiate. She should tell us if she really sees that as the top priority for the Council, and how many of her officials have to work on the issue, as opposed to the more substantial matters on which we should argue for reforms, such as changing the rules so that we do not have to pay child benefit and child tax credit for children abroad; or changing the rules on free movement for new accession states; or revisiting the posting of workers directive to strengthen protection for workers; or other things that would be worthwhile reforms in Europe. Instead, they are working on the power to opt out of a guidance document that we already follow. This is one of the most incredible examples of the gap between rhetoric and reality that the Government have come up with.
Andrea Leadsom
Will the right hon. Lady clarify for the benefit of the House whether the Opposition would invoke the opt-out or not?
Yvette Cooper
We debated this last year when we had the vote. We do not object to the opt-out in principle. We negotiated it so that Britain would have more time to look closely at the measures. We said last year that the most important thing was to be in the European arrest warrant. We said then that we would not exercise the opt-out without guarantees that we could opt back into the European arrest warrant and other measures.
In the end, this is about serious measures. Crime does not stop at the border, and criminals do not stop at the channel. Fighting crime and getting justice for victims depend on co-operation across our borders. Most people in Britain want our police and intelligence services to work with other forces abroad to share information, to track down dangerous offenders, to rescue abducted children and to stop online child abuse.
I want the House to hear the words of Beatrice Jones, who was the mother of Moira Jones, of whom I have spoken before in the House. She said:
“I have been appalled to read that a group of Tory MPs is putting pressure on the Prime Minister to use his right to pull out of EU crime and policing, including the EU arrest warrant. You may remember that my beloved daughter Moira Jones was assaulted, abducted, and savagely raped and murdered by an EU national who was allowed to come here . . . He fled the country but because of the dedication and determination of Strathclyde police, along with the cooperation of the Slovakian police, he was arrested and extradited back to this country. . . there is more cooperation and information between a much greater number of EU states . . . We want it to go much further so that another murder like Moira’s cannot occur . . . EU police cooperation is essential for the safety of all.”
That, in the end, is what this debate should be all about. The Home Secretary should be proud of that co-operation. The hard work of police forces across Europe and the commitment of victims groups working across Europe—that is what we should be celebrating and applauding today.