European Union (Amendment) Bill

My Lords, indeed they do. That is an important aspect of the way in which the UK Government make sure that we are involved appropriately, without giving up our own border control, which is of enormous importance. We are not seeking to do anything, nor would we, that would in any way impact on our right to maintain our own frontier controls and security. We recognise the enormous benefits in participating as we do and supporting colleagues in the European Union who have, through their border controls, made it more difficult for people to enter illegally, and easier for us to collaborate and co-operate to try to deal with concerns that the Government have and that noble Lords quite rightly raise. On Amendment No. 5, we do not oppose any of the measures in the new Article 78. During the convention on the new constitution, we proposed alternative language. We did not oppose the article we see reflected in this treaty but wanted to propose a simplified article on asylum, focusing more strongly on the purpose of asylum co-operation. However, we accepted the outcome of the negotiations as part of the overall package; there was nothing of substance within that. This is about emphasis or, indeed, language. That package includes the opt-in, of course, which has operated for nearly nine years in this area. As I have already said, for all JHA measures, we will have the right to decide whether we wish to participate. That sets out the essence of where we are. To recap, there is a long history of collaboration, co-operation and, appropriately, clear retention and control of our own borders and security. There is also collaboration on asylum that works effectively, particularly because of Dublin and Eurodac, and has enabled us to return people. In so doing, we have the common standards that prevent the pull to the UK and ensure that people are treated appropriately. On the comments of my right honourable friend Geoff Hoon on the European Court of Justice, and the long negotiations to which I was party on whether there could be references from courts lower than the House of Lords in identifying what the ECJ could interpret for us, two things have changed to make us comfortable with it. First, there is an expedited procedure. Our concern was that cases would be sent off to the European Court of Justice and could take a considerable amount of time, which was not appropriate for those seeking to sort out their status as quickly as possible. The expedited process will enable us to do that quickly, and that major concern has therefore disappeared. Secondly, we have had discussions with the senior judiciary to ensure that cases of merit go to the European Court of Justice, and any that are not do not do so. The process will not therefore become a way of slowing down cases by sending them off to Europe. I do not suggest that that could have happened, but that was our concern. We are now comfortable that that will not happen, and therefore have no concerns about it. Finally, noble Lords have expressed concerns about social security issues for those who come here. Of course, we have a separate break on social security issues. That means that any member state worried about the impact on social security can take that decision to the European Council, where it is made by unanimity. I hope that I have answered in as much detail as I can all the points raised in the three amendments, and that the noble Baroness will feel able to withdraw her amendment.