It is a great pleasure to follow my hon. Friend the Member for Hertsmere (Mr Clappison), who placed this debate in its wider and proper context.
Let me say at the outset that I welcome the enormous amount of work done by Ministers across Whitehall. I believe that it is right that we exercise the block opt-out and then assess the UK law enforcement value of any individual measure very carefully. We need the scrutiny of our Select Committees on the detail, so I welcome deferral of the consideration of that second limb of the process until the autumn. I also welcome the Justice Secretary’s acceptance of the Select Committees’ amendment.
I note the parameters of the opt-out under the Lisbon treaty. The shadow Home Secretary, who is back in her place, cast doubt on our right to opt out and then opt back in selectively. She says that we need to ask for permission that could be refused, or that we could be fined for exercising the right. Labour’s amendment is based on those contentions. I have to say that I am confused, because on 16 October 2007, the then Foreign Secretary, the former right hon. Member for South Shields, told the European Scrutiny Committee:
“it is quite open for any government to opt out of all of those measures and then as they are transposed we have the right to opt back in…if we consider that the new framing of the measure is appropriate”.
He was not talking about a right to request or something that was up for negotiation, but a clear, cast-iron right to opt back in on a selective basis.
That was followed up on 29 January 2008, when my hon. Friend the Member for Hertsmere, assiduous as ever, asked the then Home Secretary, the former right hon. Member for Redditch, whether the UK might be fined for selectively opting back in. Labour’s last Home Secretary told this House:
“The process is spelled out reasonably clearly, but I do not intend to go through it in detail now. It is straightforward and safeguards the UK’s ability to opt in. I take exception to the hon. Gentleman’s suggestion that there are penalties for not opting in. That is not the case.”
She also said:
“The deal…represents a huge negotiating success.—[Official Report, 29 January 2008; Vol. 471, c. 178-183.]
In casting doubt on our rights now, the shadow Home Secretary is rubbishing the deal negotiated and lauded by the previous Labour Government. If she is right, either they misled the House then or the EU is demonstrating bad faith now. Which is it ?