We have told our European partners—and will do so again if the House approves the motion tonight—that we will not take part in negotiations on the first and third directives, on the presumption of innocence and on legal aid. We will say up front that we do not intend to opt in, either now or in the future. That is a decision that has been agreed across Government, and one that we do not intend to reverse. We will provide observers for the negotiations, but they will not participate in detailed negotiations. As I said, on the second directive involving children we do not intend to opt in; we will indicate that up front. We will participate in the negotiations in case, although it is unlikely, something emerges that this House may want to consider again, but it remains the Government’s position that we do not expect, nor want, to have to opt into the directive, but we will sit around the table while it is negotiated.
There is clearly a broader issue here about minimum standards measures. As my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) pointed out very articulately, what we must understand is that we have a different legal system from the rest of the European Union. The hon. Member for Hammersmith made the same point. If we accept minimum standards measures, step by step they take away the ability of this Parliament and of our courts to shape our justice system. If we decide on any occasion to opt into such a measure, it is of paramount importance that we understand the implications of doing so.