European Affairs

The Minister makes a fair point. We would be subjugated to the rules of the European Union if the Conservatives were to try to push that policy in the direction that is suggested. The third element of the new Conservative European policy is the repatriation of powers, and the Conservatives have talked about three such powers. The first relates to the charter of fundamental rights. As I understand it, the Lisbon treaty has a protocol on that and it was debated for many hours on the Floor of the House. After those debates, it was clear that the charter relates to EU institutions, not to the making of law in this House. It is therefore bizarre that the Conservatives want to repatriate the charter of fundamental rights to Britain, because it applies to the EU institutions. That is a weird policy. The second power relates to employment, and we all know that the Conservatives wanted to opt out of the social chapter. The question is what chance they have of making that policy stick. The Minister eloquently explained how that would need several countries to have an intergovernmental conference and then unanimity to give Britain an opt-out. If the Conservatives are serious about pursuing that in government, they would not only undermine British interests, but be looking backwards, and they would be unable to influence future policy in the European Union. It would be highly damaging to British interests. The third area in which the Conservatives wish to repatriate powers is in respect of the whole justice and home affairs agenda, including criminal law. We should take that seriously, because they might be able to do it. The Lisbon treaty subjects all aspects of justice and home affairs to an opt-in. Over the next five years, starting from 1 December this year, the clock will be ticking. After five years, everything in that sphere will become an EU-wide competence and the Government would have to decide whether they wanted to opt in or not. Any future Government would therefore have the power to exclude us from all justice and home affairs matters, but that is not just for five years. Over the next few years, as aspects of the European justice and home affairs legislation are amended—as it certainly will be before the five-year cut-off point—the Government will be able to decide on those specific aspects whether to opt in or not. That might sound like a technical point, but let us think about what it means in practice. The European arrest warrant, about which we talked earlier, is likely to be amended in the next two years because there have been imperfections and it has not worked perfectly. I am sure that that will have to happen. The next Government will therefore have to take a decision when the amendments are proposed to opt into, or out of, the EAW. We have heard from Conservatives in the European Parliament and the House that they are fundamentally against the EAW. We have heard from the shadow Home Secretary that he is minded to be against it, and when the leader of the Conservative party was interviewed on the "Andrew Marr Show", he said that he was very much against it too. He told Andrew Marr:""There are many things in the Lisbon treaty—giving more power over home affairs and justice—that we don't think is right."" Given that the Conservative policy is to repatriate powers on those areas—[Interruption.] The hon. Member for Rayleigh says that he did not say anything about the EAW, but it is slap bang in the middle of the justice and home affairs agenda. If he wants to tell the House what the Conservative position will be on the EAW and whether it will opt back in when given the chance, it would be very helpful. I am sure that Conservative Back Benchers and Conservatives in the European Parliament, who voted against the EAW and believe that it infringes our sovereignty, would be interested to hear about that position. I would welcome it too, because it would move the Conservative party towards a pro-European position and in a sensible direction for the conduct of justice and home affairs. However, I doubt that we will get an answer because the hon. Gentleman and his party want to sit on the fence. It is not just about the EAW; it is about Europol and Eurojust and all the other things that, as I said in an intervention, are bringing serious criminals to justice. We will be interested to hear whether the hon. Gentleman has an answer to that.