I am delighted to follow my hon. Friend the Member for Cambridge (Dr Huppert). I, too, support Europol, although I do not think that I would go quite as far as some Members in saying how wonderful it is in every particular, as though it were an instrument of perfection. I do not think it is that; it is, in fact, a rather bureaucratic organisation. Nevertheless, I appreciate its work, which it does extremely well. Its law enforcement achievements are there for all to see on its website, and it can be very proud of those achievements, which are signal in many respects. Generally speaking, I support Europol. I also appreciate the good work Rob Wainwright does in heading that organisation, and I am glad his term of office has been extended. There are too few British officials in charge of European organisations, and I would like to see more of them doing that.
I agree with the Minister that it is not appropriate at this point to be talking about opting in, because we are not to do in this House what others would not do in their respective legislatures in Europe, which is see our sovereignty or security put at risk inappropriately—or at all. Where there is insecurity, as far as we are concerned, about the sovereign powers of this country, I do not accept we should opt into the regulations as they currently are or as they are envisaged. We should be very cautious about where we go in respect of Europol and opting in.
Generally speaking, I am extremely supportive of the Government’s position. We are opting out of some 98 measures, and this is the first time powers have come back from Europe to the United Kingdom. I welcome that and I would like to see further powers coming back to the UK. I congratulate the Government.
I also accept that it is totally appropriate for us to opt into some very important powers, and Europol is one of the bodies I would like us eventually to be able to work ever closer with, as we do not want another costa del crime; we do not want another situation developing where people can escape the law and justice, as has been the case hitherto. All Members across the House accept this principle as it is in the wider public interest, but we should not allow the sovereignty and security of this
country to be jeopardised. Where Ministers of the Crown feel it is unacceptable to have the arrangements currently envisaged under the regulations, I agree that they should withhold their consent.
Europol’s functions are addressed, and can be supported, through the European arrest warrant, which we discussed in our earlier debate. I have been a strong critic of the EAW in its previous form, but I can again support the Government in this provision for the simple reason that the envisaged changes to the EAW before we could opt back into it are such that they effectively mean it will be completely different from before. If we deal with the three main problems, it will, in my submission, be a different entity—a different thing—even though the name may be the same. The first problem is to do with proportionality—the fact that far too minor and petty offences were subject to extradition. That made it an object of ridicule, as well as injustice, in many cases. There is also the issue of charging. People were being extradited to European countries without those countries having made a charging decision as to whether, and how, to proceed. We must also address the issue of bail, so that individuals who are suspected of offences can be bailed pending their proceedings. Addressing those problems would have the effect of completely changing the EAW; it would be unrecognisable from the current instrument. That should reassure those who are concerned about opting back into it.
Europol does a lot of very good work, and I hope Ministers can work with our partners in Europe to resolve any differences, and we can continue the good work that organisation does in respect of the UK.
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