European Union Bill

No, I do not think that my hon. Friend should jump to that conclusion. In yesterday's debate, I cited some counter-terrorist measures such as the European initiatives on passenger name records or on the tracking of terrorist finance, and it is very much in the interests of the United Kingdom for us to take part in them. The US Government, who have a strong interest in these areas of policy, very much want a transatlantic agreement on such counter-measures and look to us to try to persuade other European Union member states to support a vigorous counter-terrorist policy and effective measures that will satisfy Washington as well as London. Let me move on to deal with the amendments, as I have been speaking for nearly half an hour and have not yet been able to get on to that territory. My hon. Friends the Members for Hertsmere and for Daventry tabled many of the amendments, and my hon. Friend the Member for Stone was responsible for much of the remainder. Let me respond to the different amendments briefly, which I hope will allow us to move on to the next group as well. As we consider any potential future use of the JHA ratchet clauses, which in the context of clause 9 we have identified as articles 81(3), 82(2)(d) and 83(1) of TFEU, we are also clear that this legislation should ensure that any UK participation in such measures by virtue of our opt-in should be preceded by the approval of both Houses of Parliament, and that our agreement to the final measures proposed should be preceded by parliamentary approval through Act of Parliament. We think that this represents a significant step forward in enhancing the House's controls on those JHA ratchet clauses, while maintaining the same proportionate and sustainable approach that we have tried to adopt in all other parts of the Bill. A number of amendments to this clause have been tabled, which are mainly designed to increase the level of parliamentary and, in some cases, public control. Amendments 14 and 27 would require the Government to secure the approval of each House before the UK could participate in any measure pursuant to the UK's opt-in under protocol 21 to title V of part 3 of TFEU. The two amendments have broadly the same scope, although I note that amendment 27, tabled by my hon. Friend the Member for Daventry, would not cover an opt-out decision relating to an extension of the powers of Eurojust to include the initiation of criminal investigations, which he has addressed in a separate amendment that I shall deal with later. One of the Bill's key aims is to provide greater scrutiny and accountability over proposals to extend the competences of the EU or to broaden out the scope for EU action in accordance with existing EU competence, whether by future treaties or the use of ratchet clauses without the need for formal treaty change. However, measures proposed by the EU pursuant to its existing competences under title V, which do not relate to any proposed use of a ratchet clause, are not within the scope of the Bill's enhanced parliamentary controls. As set out on Second Reading, measures pursued by the EU pursuant to title V concern the exercise of competences already conferred on the EU by the member states under the current treaties, although in the case of the UK, we retain the freedom to decide, measure by measure, whether or not we participate. The Government believe that European co-operation in justice and home affairs can deliver key benefits, helping us to tackle more effectively issues of cross-border crime and making it easier for British citizens to do business across borders. As I have said on other occasions, however, the coalition Government committed themselves in the coalition agreement to considering opt-in decisions on a case-by-case basis. We have put the United Kingdom's national interest at the heart of our decision-making and continue to do so, with a view to maximising United Kingdom security, protecting our civil liberties, preserving the integrity of our criminal justice system, and maintaining our ability to control immigration. Ministers take all those criteria into account when reaching a collective decision about a particular opt-in. One way in which the Bill will increase public accountability is by providing that any proposed treaty change involving an end to the United Kingdom's freedom not to participate in justice and home affairs by removing the country's opt-in protocol would be subject to a referendum. All decisions under title V, the chapter in TFEU on justice and home affairs, are already subject to an enhanced level of parliamentary scrutiny. Following reflections on the annual report to Parliament on the use of the justice and home affairs title V opt-in and Schengen opt-out decisions, I outlined in my written ministerial statement last Thursday the Government's proposals for further enhancements of such scrutiny arrangements. In view of the time, and because I set out the proposals in detail both in the written statement and in yesterday's debate—they can be found in columns 238 to 239 of Hansard—I do not propose to go into further detail today, although I repeat that I am more than willing to discuss the best way of proceeding with any Member on either side of the House. I do, however, wish to make a couple of points as a gloss on the policy that I announced in the statement. First, let me repeat that the Government believe that, in future, measures such as the European investigation order should be dealt with by way of a parliamentary debate with the opportunity for a vote. Indeed, they would have been dealt with in that way had these arrangements applied earlier. We have made an explicit commitment to a parliamentary debate and vote on the decision on the mass opt-in or opt-out which must be determined by 2014, as set out in my written statement.