2014 JHA Opt-out Decision
Wednesday, 30 January 2002
Parliamentary committees
House of Commons
Tuesday, 9 July 2013
Command papers
House of Lords
House of Commons
I inform the House that I have selected amendments (c) and (b) in the names of the Leader of the ...
I beg to move,
That this House believes that the UK should opt out of all EU police and cri...
Show all contributions (297)
Will the Home Secretary give way?
Will my hon. Friend allow me to finish my sentence? He is quick off the mark, as he always is on ...
I am very grateful to my right hon. Friend for giving way to me so early on. Is it not unfortunat...
I am sure that I do not need to remind my hon. Friend, given his attention to detail in these mat...
Will my right hon. Friend give way?
I give way first to the Chairman of the Home Affairs Committee.
I am most grateful to the Home Secretary. May I thank her for engaging in a fruitful discussion a...
The point is that this is a two-stage process. It has been made clear to us by the European Commi...
Will the Home Secretary confirm that if the House votes tonight for her motion she will immediate...
I can confirm to my hon. Friend that the mandate we are seeking tonight will indeed lead to the U...
I said that I would give way to my hon. Friend.
I thank my right hon. Friend, who is being very generous. I welcome her words about the importanc...
The whole point about the renegotiation that we as the Conservative party have announced we will ...
My right hon. Friend seems to be saying that we will opt out of the European arrest warrant and t...
My hon. Friend may find it rather strange that we have to opt out and then try to opt back in, bu...
The Home Secretary is being extremely generous in giving way. Those of us who are keen to see som...
My hon. Friend raises a very important and valid point. It is our intention––and we expect to be ...
An opt-out from all the measures would be very popular on the Conservative side in this House and...
That is exactly what the motion is intended to do.
I give way to the Chairman of the European Scrutiny Committee.
I am most grateful to my right hon. Friend for giving way. Her response to the hon. Member for Ca...
I am happy to make it clear and sorry if my remarks to my hon. Friend the Member for Cambridge le...
Will the Home Secretary give way?
I have been extremely generous to Members. I may be prepared to take some interventions later in ...
Will the Home Secretary give way?
I have not explained the point yet, so I suggest that the hon. Gentleman waits to hear what I am ...
I give way to the hon. Member for Caerphilly (Wayne David).
The Home Secretary quoted the Minister for Europe’s statement of January 2011, but she did not me...
We are going to ensure, as the motion suggests, that the Scrutiny Committee and the two Select Co...
I give way to the Chairman of the Select Committee.
I am grateful to the right hon. Lady. I can confirm that I was consulted about the voting arrange...
I have already said to the right hon. Gentleman and to others who have raised the issue of the ex...
I congratulate my right hon. Friend on asking us to vote on this opt-out today, but I am a little...
The decision on the form that that vote will take has not yet been made, but I am well aware of t...
I am grateful to the Home Secretary for giving way to a Scottish Member. To clarify, if reports a...
It is not for me to suggest to the Scrutiny Committee or the Select Committees how they may wish ...
My right hon. Friend has set out the timetable, but under the relevant paragraph of the protocol ...
The Commission is clear that any work that would be undertaken would take place before that date,...
I apologise to the hon. Member for Birmingham, Selly Oak (Steve McCabe), but I will give way to t...
I am grateful to the right hon. Lady for finally giving way to a Member from a minority party—the...
It is not the case that the Scottish Government knew nothing about this until last week. The Unde...
Will the right hon. Lady give way?
I will. The hon. Lady has waited patiently.
Will the Home Secretary confirm, as she failed to do last week when I questioned her on this matt...
As I believe I said last week during my statement in response to a similar question from the hon....
I welcome the points that my right hon. Friend has just made. Will she bear it in mind that this ...
My hon. Friend is right to be concerned about the indications of some of the intentions about the...
I am most grateful to my right hon. Friend and I apologise for not being here at the outset. The ...
My hon. Friend is right that if we opt back into the European arrest warrant it will be subject t...
Will my right hon. Friend give way?
I will make just a little more progress and then give way to my right hon. Friend.
It is im...
Hon. Members are understandably concerned about the constitutional implications of the changes, b...
My right hon. Friend is absolutely right. He refers to delay, and there are very good examples of...
Will my right hon. Friend assist me by explaining Norway and Switzerland’s position on the curren...
Of course some countries negotiate arrangements with other countries—indeed, we have individual a...
I have been very indulgent, but I will give way one last time to the hon. Gentleman .
The Home Secretary has outlined the changes to the European arrest warrant that she would like to...
I have been discussing with other member states the operation of the European arrest warrant and ...
A few moments ago my right hon. Friend talked about a number of serious offenders whom she said m...
Following the introduction of the European arrest warrant, there is a clear difference between th...
The difficulty has always been the concept of the mutual recognition of different legal systems. ...
My hon. Friend raises an important point. It is exactly that issue in a number of areas—for examp...
I give way to the former Home Secretary.
I am grateful to the Home Secretary, who has been generous in taking a considerable number of int...
The right hon. Gentleman has put the point very well, and I am sure the whole House has listened ...
Is the Home Secretary aware of the European Union Act 2011 in the context of what is required for...
Let me give my hon. Friend the answer that I gave when the matter was last raised with me. I do n...
There is a serious debate to be had about European crime and justice, about how we should tackle ...
My right hon. Friend has suggested that there may be an attempt to bounce the House into making t...
My hon. Friend is right that that is what it looks like. Why else would there have been such late...
Can we clarify the Labour position? Would Labour opt out of the EU policing and human affairs cha...
I am going to come on to the substance because our view is that we should not be opting out witho...
Before the right hon. Lady goes through her list, will she give us some understanding of why the ...
I am not sure that Denmark and the opt-out negotiations is the best possible example to refer to,...
I will give way but I do want to come on to some of the measures that the Home Secretary is propo...
Does the shadow Home Secretary accept that if we opt in to a fundamental measure such as the Euro...
The right hon. Gentleman is right to say that opting into the EAW does mean it will be subject to...
But all the uncertainty the right hon. Lady cites about the ability to opt back into some of thes...
The negotiations took place to secure the best possible deal and flexibility for the UK at the ti...
As we are going to keep coming back to this issue, is it not fair to admit that the block opt-out...
My hon. Friend makes a really important point. Indeed, those concerns were raised by the House of...
Accepting that it is important that there are extradition arrangements with other countries, does...
The Government have said that that would not be possible and that they would have to go back to t...
I shall give way once more, then I want to make progress, as many Members wish to contribute to t...
We still do not know whether the right hon. Lady is in favour of opting out or not—it sounds like...
In fact, having sovereign arrangements with no ability to extradite without having to go through ...
I am grateful to the right hon. Lady for giving way again. Of the 130 measures, are there any at ...
There is a whole series of measures in respect of which it will make no difference whether we are...
I am grateful to the shadow Home Secretary for giving way; I was in contest with her in the days ...
As always, I bow to the detail of the hon. Gentleman’s memory. I confess that it is true—I cannot...
I hesitate to give way to the hon. Gentleman because I suspect he will quote from page 37, but I ...
I hope that the hon. Gentleman’s intervention will be brief.
Basically, the European Scrutiny Committee, under the chairmanship of the Government at that time...
The hon. Gentleman probably does need to recognise that things have moved on slightly since 2001,...
Today’s debate should be about the very future of the United Kingdom’s democracy. I and many of m...
The right hon. Gentleman talks about alternatives to some of these measures. Is he aware of the f...
Of course we can find police and others who take the hon. Gentleman’s view, but I think that it i...
If the right hon. Gentleman is challenging the fundamental idea of an international arrest warran...
My maths tells me that there are far fewer countries in the European Union than in the rest of th...
The right hon. Gentleman suggests that it would be perfectly fine to abandon the European arrest ...
To find a country where there is a problem does not disprove my case. My case is that if there is...
It is always a pleasure to follow the right hon. Member for Wokingham (Mr Redwood) on a subject a...
Is not the motion somewhat confused between two distinct issues: first, whether we should exercis...
The best course of action would have been to take note of what the Government have done without m...
I am grateful to the right hon. Gentleman for the way in which he is making the very important ca...
The hon. Gentleman is absolutely right. I want to give the Home Secretary the benefit of the doub...
I understand the right hon. Gentleman’s point, but the Government also need time to negotiate the...
I will put that view to members of the Home Affairs Committee when we meet tomorrow. I will quote...
And here is one of them.
I thank the Chair of the Select Committee for giving way. Just to show that we are indeed doing t...
The hon. Gentleman is one of the most assiduous attenders of the Home Affairs Select Committee, a...
Has my right hon. Friend reflected on what it would do to the Home Secretary’s credibility if she...
My hon. Friend is absolutely right. It is nonsense to suggest that the other member states of the...
This has been a classic example of scrutiny going wrong, not from the point of view of the Europe...
I am not sure whether my hon. Friend has noticed some consternation among Liberal Democrat Member...
Indeed, and if the hon. Member for Cambridge (Dr Huppert), who is obviously extremely keen to int...
The hon. Member for Rochester and Strood (Mark Reckless), who serves on the Home Affairs Committe...
If that were the case for scrutiny, I would simply refer the hon. Gentleman to the Standing Order...
My hon. Friend the Member for Rochester and Strood (Mark Reckless) does not look completely overw...
Indeed, and I personally take that view, which lies at the heart of the matter that I raised with...
Does that mean the Government would have to come back to the House with a proper debate on the pr...
The Command Paper sets out, very late in the day, various lists, proposals, explanatory memorandu...
I give way to the Chairman of the Liaison and Justice Committees because he also has matters to r...
Did the three of us—the three Committee Chairs—not warn the Government repeatedly against allowin...
This is driven not by hostility, but by basic common sense: it helps the democratic process and t...
But article 10 of protocol 36 also says that the Commission will, wherever possible, seek to ensu...
I do not know about these private conversations, and I do not know whether Prism has been at work...
My hon. Friend is making an important technical point, but is there not a more fundamental object...
I take a strong view on these matters not only in respect of the importance of scrutiny as a matt...
I am very attracted to amendment (b), standing in the name of my hon. Friend and the other two Co...
It would be difficult for me to presume to know what the view of the House was, but I earnestly s...
indicated assent .
—which I am getting—to say that the Government will go along with our amendment, which would be v...
On a point of order, Madam Deputy Speaker. As I understand it, the Justice Secretary just nodded ...
It was a private conversation.
Surprisingly enough, there are no private conversations in the Chamber; Members are supposed to h...
Further to that point of order, Madam Deputy Speaker. It might be helpful to the House to say—as ...
Further to that point of order, Madam Deputy Speaker. Can I claim a reward for getting my amendme...
Sir Alan, you were just fractionally ahead of me. I seem to recollect that Mr Speaker said that t...
That’s all right—it was a good one.
For a change, but perhaps we could return to Bill Cash.
I really have no more to add, because this has been a highly satisfactory, if slightly informal, ...
The decision before us this evening is important—I think. I say that because the significance of ...
The hon. Gentleman has highlighted his agreement with the Home Secretary that the European arrest...
One of the main concerns is that there are many minor infringements. The Chairman of the Home Aff...
It is a pleasure to speak in the debate, and to congratulate the Home Secretary. I welcomed the a...
There may have been less than full support for the statement from Conservative Members because, a...
I am delighted that the hon. Gentleman is happy, although on occasion he may not be entirely accu...
I agree that this is not about Europe. It is about Britain; it is about the British citizens. I i...
The hon. Gentleman is certainly making a point, but I am not sure that it is entirely the point. ...
I just wish to point out to the hon. Member for Stone (Mr Cash) that when Russia tried to extradi...
I would be delighted to pass that on, and I am sure the two hon. Gentlemen could have a separate ...
I take the hon. Gentleman’s point on board, but is he aware that even the Centre for European Ref...
I agree that the European arrest warrant needs to be reformed. I have said so in many debates in ...
What about the provision on the exchange of DNA? This country has a vast database, relative to th...
That is indeed an issue I have more concern about. As I have said to the hon. Gentleman twice now...
I understand what the hon. Gentleman is saying, but can he not think of a country—Iceland is a go...
If the hon. Gentleman is suggesting that the EAW could spread out to more and more countries, the...
The hon. Gentleman made reference to Rob Wainwright and not wanting him to have to stand down. Du...
I thank the hon. Gentleman for his comments. I hope that the intervening period would be one of t...
I am pleased to have an opportunity to participate briefly in this debate. I want primarily to ad...
If the European arrest warrant did not apply, is the hon. Lady suggesting that the close relation...
If the hon. Gentleman is patient, I shall come on to the specific problems that will occur if the...
The hon. Lady says that the intention to opt back in to the EAW has been stated by the Government...
I accept that that is the case, which causes me concern and, indeed, it will cause my colleagues ...
I rise on behalf of the Liaison Committee and the Justice Committee, both of which I chair, to sp...
As I understand it, in that meeting the Home Secretary asserted that it was absolutely essential—...
There has been argument about that from two Members who devote a great deal of time to the issue ...
I confirm that that is the case, but let me be clear that what the Home Secretary said about the ...
We would have been in a happier and more comfortable position had the Government carried out thei...
Does that mean that we now have a set time by which all the Committees are to complete their cons...
We have an end of consideration date at the end of October, which is clear in the motion and emer...
May I ask the Select Committee Chairman a question about how the three Committees will divvy up r...
Committees are well accustomed to dealing with overlap of responsibility. The Liaison Committee i...
Like a number of other Members, I am not clear exactly what the Home Secretary thinks she is tryi...
I intervened on the Home Secretary and asked her if she would be notifying immediately, to which ...
I was talking about the date the Government were specifying, but that does leave a bit of time, I...
The hon. Gentleman is making a very good case for a much simpler system that does not involve the...
I do not know whether the hon. Gentleman was in his place when I raised this point earlier, but t...
The Home Secretary’s motion is the right motion, introduced in the right way at the right time, a...
I am sure that the hon. Gentleman is right and that those countries will have their reasons, but ...
My assessment is that most of the cases are so serious that the measures on triviality and propor...
I begin by welcoming the revised motion tabled by the Government and their acceptance of the amen...
If we establish that we are participating in a body of European law or any international law, we ...
The hon. Gentleman should be aware of the frustration felt in the House, which led the Government...
I am afraid the hon. Gentleman is hopelessly mixing up his European Courts. The European Court of...
The hon. Gentleman is being less than fair, as I made it clear that I was referring to another Eu...
I felt I should intervene on my hon. Friend following the intervention from my hon. Friend the Me...
My hon. Friend is absolutely right. He will reflect, as I do, on the position taken by the Govern...
And it becomes very expensive.
Yes, and it has other consequences for the waistline, although I will not go into that now.
It is a great pleasure to follow my hon. Friend the Member for Hertsmere (Mr Clappison), who plac...
I am sure that the hon. Gentleman would not want to suggest that anybody has misled the House. I ...
I thank the hon. Gentleman. All I am doing is quoting back to the House, and to him, the assuranc...
May I confirm to my hon. Friend that he is entirely right in his observations? Of course this opt...
I thank my hon. Friend. I have already quoted him and cited the important probing that he did bac...
I was a fierce critic of the European arrest warrant, but does my hon. Friend agree that the chan...
My hon. Friend makes a good point. I will come back to the proposals in the Anti-social Behaviour...
Is it not the case that if we opt back in, the European arrest warrant cannot be better in future...
My hon. Friend makes his point, which I will come back to, in a powerful way. The issue has two d...
My hon. Friend mentioned the case of my constituent Andrew Symeou. Is not the core of the problem...
My hon. Friend is spot on. In fact, Lord Justice Thomas has said that the EAW
“presupposes ...
It is a pleasure to follow my hon. Friend the Member for Esher and Walton (Mr Raab). In his excel...
My hon. Friend is bringing a lot of wisdom and experience to this issue. Given that we want to st...
I pay tribute to my hon. Friend and to my hon. Friend the Member for Enfield North (Nick de Bois)...
I hear what my hon. Friend says, but does he agree that the changes envisaged to the European arr...
You’ve already made that point.
I see the Labour Benches are as full as I would expect them to be, which says something about the...
My hon. Friend is right to repeat a good point, and he should make no apology whatever for that. ...
That’s because you were charging by the word.
I certainly was not charging by the word; it was a graduated fee system, but that is for another ...
I will give way in a moment, but I want to deal with the point raised by, among others, my very g...
I rose to say that I thought my hon. Friend was making a good job of what I think is a voluntary ...
I was not referring to me but to the previous intervention. I certainly do not fall into that cat...
I am grateful to be able to follow my hon. Friend the Member for South Swindon (Mr Buckland). I d...
Order. I assure the hon. Gentleman that the hon. Member for South Swindon (Mr Buckland) was in th...
So his remarks were also very well prepared, for which I give him credit.
Earlier, the Home...
My hon. Friend was right to read out those paragraphs of section 4(1) of the 2011 Act, but as its...
I am not sure whether I have understood the Minister, but section 4(1) is of course subject to su...
I am sorry to intervene again on my hon. Friend, but the point I was seeking to make—I apologise ...
It seems the Minister is saying that in substance it would be something to trigger a referendum, ...
I am grateful to my hon. Friend because this is a most interesting point. Is it arguable to say t...
My hon. Friend is right to say that these matters could lead to significant delays in the courts,...
Would my hon. Friend accept that this concerns the potential retention of more powers from Europe...
No, I would not accept that for a minute. I was prepared for a repetitious intervention later, bu...
I would like to pay tribute to my hon. Friend. I can well remember how some years ago at Oxford, ...
Yes, but that was partly because I and others benefited greatly from the instruction of my hon. F...
Does my hon. Friend accept that the driving force that lay behind the necessity for the Chairmen ...
My hon. Friend is absolutely right. The constitutional principles to which he draws attention are...
It is good news that the Government, in their wisdom, have acceded to amendment (b), tabled by th...
Does my hon. Friend recall the words in Marlowe’s Dr Faustus:
“O lente, lente currite nocti...
The education at Stonyhurst of my hon. Friend is exquisitely fine. His quotations are better than...
My hon. Friend says that he is going to tackle a matter of detail. Before he proceeds on his new ...
I am very sympathetic to the view that my hon. Friend is expressing. The view of the Government i...
The very thought of a judicial review in the name of Rees-Mogg invokes memories of the greatest o...
I am grateful to my hon. Friend for reminding me of the activities of my late noble kinsman, who ...
I have just been cogitating on the hon. Gentleman’s earlier reference to Horatius Cocles. If I re...
I thought the hon. Gentleman was going to refer to the geese that saved Rome and divert us with a...
My hon. Friend, who is almost always right on matters of substance, might reflect on the fact tha...
That is an important point, and we should all learn off by heart the 2001 report by the European ...
The 17th report of that year.
Indeed; we should all pay great heed to that report.
Does my hon. Friend agree that, on the face of it, although the Government’s proposed amendment t...
Where I part company with the Government is in believing that it would not be better to make thes...
Will my hon. Friend also bear in mind that in the welter of information—the labyrinth that has be...
This is always a complex area. I have never thought that any Briton could ever suffer from xenoph...
My hon. Friend’s analysis of this list of measures is absolutely scintillating, but before he mov...
I do not think that is quite it, because I think the process is subject to a Title V opt-out. The...
I know my hon. Friend has heard this before, but does he accept that, for all the examples that c...
That is certainly the case, but I have sympathy with the Government wanting to have an arrest war...
It is always an enormous delight to follow the hon. Member for North East Somerset (Jacob Rees-Mo...
Given that the Home Secretary now is here, I should like to say that that was not what I was tryi...
The great thing about the hon. Gentleman is that he sometimes achieves that to which he does not ...
The hon. Gentleman used the word “begging”, but I think it could be confidently stated that none ...
Far be it for me to suggest that the hon. Gentleman is a mendicant in these matters, but he certa...
The hon. Gentleman might like to compare this with the one relating to the treaty of Lisbon, whic...
I have read it only in Spanish. It is obviously a little bit more difficult when dealing not just...
I would like to say that I rather agree with the hon. Gentleman about the Command Paper, which co...
Yes, but the Lords Select Committee makes exactly the same condemnation of the Government’s proce...
I am sure the hon. Gentleman accepts that we are delighted by the acceptance of our amendment, wh...
It always pains me to disagree with a man whom I love so much, but as the hon. Gentleman refused ...
I see the hon. Member for Cambridge (Dr Huppert) moving forward, but I will not take any more int...
The hon. Member for Rhondda (Chris Bryant) talks a good talk, but this evening, as usual, it was ...
On whether the Government will continue to seek to rejoin, would the Secretary of State take the ...
What I can say to my hon. Friend is that, as he and the other Select Committee Chairmen would exp...
I thank the Justice Secretary for that comment. Will he make it clear that he believes it is in t...
I was coming to that point. I know just how controversial the European arrest warrant has been. M...
The Secretary of State says he is happy to go along with this agreement. Will he explain what agr...
What we have agreed to do across the Government is table amendments to the Bill before the House ...
Will the Secretary of State give way?
No, I am going to make some progress.
I want to return to the amendment tabled by the right...
The Justice Secretary referred to the changes to the operation of the European arrest warrant tha...
Both the Home Secretary and I have had extensive conversations with other member states and, of c...
Will the Justice Secretary give way?
No, I am going to make progress as I am running out of time.
We are here tonight because th...