We have had a full and lively debate, characterised in customary fashion by the contribution of my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg). He, like others, set out a number of the significant concerns that are held not only by the Government, but by Members across
the House about the Commission’s proposals for a European public prosecutor’s office and the construction of Eurojust.
This country derives real benefits from its participation in the current Eurojust, which is about practical co-operation; from collaboration; and from the number of cases that have been assisted by the establishment of joint investigation teams. But that does not mean that we should now opt in to a new measure that is clearly so fundamentally flawed because of the intrinsic link to the European public prosecutor’s office. Some of these significant issues have been highlighted in the impact they would have on our criminal justice system.
The hon. Member for Kingston upon Hull North (Diana Johnson) was critical of the system of the block opt-out and of having to opt out and then opt in before dealing with new EU measures such as those we are debating this evening. This was precisely the structure that her Government negotiated. If she is unhappy with this system, she needs to look to herself and to her hon. Friends who were party to the construction of the mechanism.
The hon. Lady highlighted and questioned the date of 21 November. I can say very simply that that is the latest date on which the UK would be able to exercise its opt in. It is three months from the publication of the last language version of the relevant regulation, which is the time period referred to. She also highlighted some concerns about fundamental rights. I draw her attention to the explanatory memorandum, which was signed by the Minister for Immigration on 7 August and sets out the fundamental rights analysis. That will explain to her the issues she highlighted.
Questions have been raised about the national member. Indeed, the hon. Lady asked whether we should negotiate a better position for the national member, and whether the Government would express their concern in respect of Eurojust and the European public prosecutor’s office. She mentioned the 10th anniversary of Eurojust. I was there and made those very points at that time. Indeed, one of the first things that I said at the first Justice and Home Affairs Council I attended following the election of this Government was that we would not participate in the European public prosecutor’s office. I can therefore assure her that we have consistently made our views plain on the lack of a need for a European public prosecutor’s office. We believe that there are more practical ways of dealing with these issues.
The right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) talked about the separation of powers. That is intrinsic to the question. My hon. Friend the Member for Esher and Walton (Mr Raab) made a point
about how supranational organisations cut across the fundamental building blocks in our criminal justice system. That is why it is right that, if the House approves the motion tonight, we will not be opting in to the measures.
We note that the various Committees will be publishing their reports on the block opt-out, and we look forward to receiving them. The Government have committed to holding a further debate in the House on the final proposals for opting back in, in respect of the 2014 block opt-out. Further work is taking place on the balance of competences, and it will continue. My hon. Friend the Member for Esher and Walton talked about where competence should lie, and that question is informed by the ongoing work. We are taking evidence to inform the broader debate, but that should be seen as distinct from the exercise of the Government’s treaty right in respect of the 2014 decision.
My hon. Friend the Member for Daventry (Chris Heaton-Harris) mentioned the position of OLAF, the European fraud office. It is unfortunate that we have only recently seen proposals on the practical use of that office, but we believe that certain practical steps should be pursued as a result of their recent publication. My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) mentioned issues of competence, and the need for us to look carefully at any final agreed text that emerges in relation to Eurojust.
Given the yellow card that has been issued in relation to the European public prosecutor’s office, and the strong message that has been sent by a number of member states’ Parliaments in respect of this proposal, the Commission will need to reflect on this matter very carefully. It will also need to think about the Eurojust proposal, because of the interrelationship between the two. We will keep the House and the Select Committees updated as this matter progresses, but I very much hope that, in the light of the clear message from hon. Members tonight, the House will support the motion.
Question put and agreed to.
Resolved,
That this House takes note of European Union Documents No. 12566/13, a draft Regulation on the European Union Agency for Criminal Justice Co-operation (Eurojust), and No. 12558/13 and Addenda 1 and 2, a draft Regulation on the establishment of a European Public Prosecutor’s Office (EPPO); agrees with the Government that the UK should not opt in to the draft Regulation on the Eurojust at this time and should conduct a thorough review of the final agreed text to inform active consideration of opting into the Eurojust Regulation, post adoption, in consultation with Parliament; and further agrees with the Government that the UK should not participate in the establishment of any European Public Prosecutor’s Office.