I am sorry, but I did not go to a public school, so my grammar might not be as good as other people’s.
The motion states that the UK
“should opt into the Regulation post-adoption”.
My concern is not that we might lose what we have with Europol, which is good, but that the Conservatives are looking for a reason not to develop it in the future. The Liberal Democrats, who are their partners in this great coalition of ours, are closer to my view than the Government’s. We need to hear the views of ACPO so that we can iron out the difficulties the Government have identified before the post-adoption position in the take-note motion becomes the default position.
I could quote many Liberal Democrats whose websites praise Europol and our signing up to the very things about the development of Europol that the Minister is concerned about. We need to consider the matter positively and find a way through it in the next few weeks and months so that ACPO’s concerns, which we might share, about data sharing and other issues can be worked on. We must not keep away from or fail to engage with the discussions about the development of the next stage of Europol.
I mention that with the hon. Member for Stone (Mr Cash) in mind. He is honoured to hold the position of Chairman of the House of Commons European Scrutiny Committee, although how he ever got given that I will never know—[Hon. Members: “He was elected.”] I appreciate that, but he was not elected by me. In the spirit of common cause, let me say that paragraph 1.13 of his Committee’s helpful report, “Reforming Europol”, which is published today, quotes a letter from the Minister, which says:
“‘In the longer term, it is clear that our continued participation in Europol…will depend on our participation in this new measure.’”
Paragraph 1.14 states:
“If the UK’s request to rejoin the existing Europol Council Decision is successful, can the Minister confirm that, once the draft Regulation has been adopted, it would not be possible for the UK to continue to cooperate with Europol on the current basis and that, if the conditions set by the Government for opting in post-adoption are not met, the UK could expect to be ejected from Europol?”
I do not know the answer to that question, but the key point is this: if the Government decide that data sharing, information sharing and other matters are red lines, I suspect that they will part company with the Liberal Democrats on some of those issues, and they might part company with the Labour party too. The Government might find themselves in a position where they cannot maintain a presence in Europol. Europol will have developed organically over 18 months to two years and we will not have been at the table to deal with that organic development, because of the Government’s decision to take part in negotiations post-adoption. The Minister, in his response to the hon. Member for Stone, said:
“If the UK opted in now, and if we could not gain amendments to the text during negotiations, we would be bound by the elements which cause us concern, and would be subject to infraction if we failed to abide by provisions in the Regulation.”
It is my view that Europol does a good thing. There are issues that Europol needs to examine with member states, and ACPO, among others, has identified issues that need to be addressed. However, the Government’s approach of not ratifying until joining post-adoption is wrong. I want to see more discussion. We will not oppose the main motion as it is just a take note motion, but we will press the Opposition amendment, which
indicates that we want further discussions with ACPO. When a chief police officer writes, in a letter to the Minister that was copied to the Home Secretary, the Deputy Prime Minister and the Prime Minister, that
“Our view is that Europol membership is far too important to the UK to be put at risk and awaiting ‘a wait and see post-adoption opt in if we like it’ policy would not be the right approach”
it is a very serious criticism of the Government’s position and the Minister has a duty to explain further why he has rejected ACPO’s advice. Before we reach a final decision, we should discuss further with those who have put their concerns on the record in a way that is self-evident and open to all.
9.28 pm