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discuss it with him later. Order. Will the member wishing to take his | :00:00. | :00:00. | |
seat please come to the table? Raise the Bible in your right hand. | :00:00. | :00:36. | |
I swear by Almighty God that I will be faithful and bear allegiance to | :00:37. | :00:42. | |
Queen Elizabeth, her heirs and successors, so help me God. | :00:43. | :01:32. | |
Presentation of Bill. During today this. -- go | :01:33. | :02:20. | |
second reading? Friday 29th of January 2016. Order. We come to the | :02:21. | :02:38. | |
ten minute rule motion. I backed a move that life beginning for me to | :02:39. | :02:42. | |
bring in a Bill to make provision about the award of asylum seeker | :02:43. | :02:47. | |
status in the United Kingdom to certain unaccompanied children from | :02:48. | :02:50. | |
Syria, Iraq, Afghanistan and Eritrea, displaced by conflict and | :02:51. | :02:57. | |
present in the EU and for connected purposes. Just over three months | :02:58. | :03:02. | |
ago, the tragic death of a little boy and his brother exposed the | :03:03. | :03:08. | |
world to a refugee crisis which governments including our own have | :03:09. | :03:17. | |
been doing their best to avoid. That three-year-old boy and his brother | :03:18. | :03:20. | |
were Syrian refugees travelling with their parents to seek safety and | :03:21. | :03:30. | |
sanctuary in Europe. UNHCR figures show 900,000 people have made | :03:31. | :03:33. | |
similar journeys to Europe this year and 23% of those people are | :03:34. | :03:40. | |
children. Over 200,000 children fled their homes in search of a new life | :03:41. | :03:45. | |
in this year alone. Many travelled with their families. Tens of | :03:46. | :03:55. | |
thousands travel alone. Without parents or relatives, making their | :03:56. | :04:00. | |
way in the toughest of circumstances. This honourable group | :04:01. | :04:05. | |
is who the bill addresses. Over the past few years, charities have | :04:06. | :04:10. | |
worked across Europe, particularly in Italy and Greece, doing what they | :04:11. | :04:18. | |
can to help unaccompanied children sit safety in Europe. Children | :04:19. | :04:24. | |
become separated for a number of reasons. Someone's in the countries | :04:25. | :04:31. | |
of origin or those closest become victims of violence, leaving them | :04:32. | :04:36. | |
little choice to fully alone. Others was family en route through illness | :04:37. | :04:42. | |
or drowning. In desperation, these children put themselves in the hands | :04:43. | :04:45. | |
of people smugglers and criminal gangs to facilitate journeys. Save | :04:46. | :04:55. | |
the Children have spoken to many children about violence they | :04:56. | :04:58. | |
experienced. These journeys can last months or years. Once they arrived | :04:59. | :05:03. | |
in Europe they are still not safe. There are serious concerns, echoed | :05:04. | :05:11. | |
by Europol's chief of staff, that vulnerable underage refugees are | :05:12. | :05:17. | |
preyed upon by criminal gangs intent on forcing them into prostitution | :05:18. | :05:22. | |
and slave labour. It was also warned that there is crossover between | :05:23. | :05:27. | |
those smuggling refugees across borders and the gangs trafficking | :05:28. | :05:30. | |
people for exploitation in the sex trade or forced labour. When you | :05:31. | :05:34. | |
look at data from the last year, the grim truth becomes apparent. | :05:35. | :05:43. | |
According to the Italian Ministry, of the children registered their in | :05:44. | :05:49. | |
2014, almost 4000 disappeared after arriving. 4000 without official | :05:50. | :05:56. | |
protection of any kind, no access to education, welfare, health care or a | :05:57. | :06:01. | |
safe home. We do not have come terrible numbers for 2015 but given | :06:02. | :06:05. | |
the rise in refugees this year, we can expect a much higher number. | :06:06. | :06:12. | |
This is not a far off Rob and to be dealt with by distant governments. | :06:13. | :06:18. | |
It is here in Europe. It is our responsibility is to protect all | :06:19. | :06:24. | |
refugees and none more so than often -- orphaned children. It is shameful | :06:25. | :06:30. | |
the Government has ignored these children and it is time to do the | :06:31. | :06:35. | |
right thing. 4000 children is a small part of the overall number, | :06:36. | :06:39. | |
smaller for local authorities to handle, but it will make all the | :06:40. | :06:45. | |
difference to the lives of everyone of these desperate youngsters. Just | :06:46. | :06:50. | |
five children per parliamentary constituency and less than one third | :06:51. | :06:56. | |
than the number of children taken in during the kind of transport. -- | :06:57. | :07:07. | |
Kinder transport. It is no doubt these children are also deserving of | :07:08. | :07:11. | |
our help. This is not the first time I have called for this in | :07:12. | :07:15. | |
Parliament. I can predict perhaps what the response from the | :07:16. | :07:18. | |
Government may be. They would tell us they would not want to risk | :07:19. | :07:22. | |
separating children from families and that there are some concerns the | :07:23. | :07:27. | |
proposed programme may do that. That is not true. All efforts should be | :07:28. | :07:33. | |
made to ensure children remain with or are reunited with their families | :07:34. | :07:37. | |
but for the children in this programme, reunification with | :07:38. | :07:41. | |
parents or primary caregivers is simply not possible. These children | :07:42. | :07:47. | |
have been registered by the UN refugee agency as unaccompanied and | :07:48. | :07:54. | |
have no nonfamily. From talking to civil society groups, I know there | :07:55. | :07:57. | |
are enough families willing to foster unaccompanied children. | :07:58. | :08:03. | |
10,000 prospective adoptive families have been registered with one group. | :08:04. | :08:12. | |
If the Government gives requisite training, the UK will be equipped to | :08:13. | :08:16. | |
support these children. They deserve our support and help and any | :08:17. | :08:21. | |
suggestion that they don't is nothing to do with their safety but | :08:22. | :08:26. | |
the inability of our governments to act upon the values they claim to | :08:27. | :08:32. | |
uphold, including helping seekers of factory -- sanctuary. It is time for | :08:33. | :08:40. | |
the UK to be a leader. Instead of waiting for something high profile | :08:41. | :08:48. | |
to happen and doing the minimum. Acknowledge the desperate need of | :08:49. | :08:52. | |
these children and do something about it. The UK could make a | :08:53. | :08:57. | |
significant difference by working with UN agencies and civil society | :08:58. | :09:02. | |
to put in place a relocation scheme for unaccompanied children in Europe | :09:03. | :09:06. | |
under specific criteria and safeguards, making relocation one of | :09:07. | :09:17. | |
the best solutions. Other EU countries would follow and many | :09:18. | :09:20. | |
thousands of children would reach safety and security they deserve. | :09:21. | :09:27. | |
Given the opportunity, British people have shown throughout history | :09:28. | :09:31. | |
our generosity of spirit, especially in response to refugees. There is no | :09:32. | :09:37. | |
question this generosity and spirit still exists in our country today. | :09:38. | :09:43. | |
It just needs the Government to do the right thing and facilitate it | :09:44. | :09:48. | |
for the 21st-century. The question is that the honourable member have | :09:49. | :09:53. | |
leave to bring in the bill. As many as are of the opinion, say, "aye". | :09:54. | :09:59. | |
To the contrary, "no". The ayes have it. Who will prepare the bill? Nick | :10:00. | :10:13. | |
Clegg, Yvette Cooper, Stephen Geffen 's, Margaret Ritchie, Caroline | :10:14. | :10:19. | |
Lucas, Liz Savill Jones and myself will. | :10:20. | :10:28. | |
Asylum, unaccompanied children displaced by conflict to build. | :10:29. | :10:56. | |
Second reading what they? 11th of March. Thank you. Programme motion | :10:57. | :11:06. | |
to be moved formally. The -- As many as are of the opinion, say, "aye". | :11:07. | :11:10. | |
To the contrary, "no". The ayes have it. Order. European Union referendum | :11:11. | :11:21. | |
Bill, consideration of Lords amendments. I must draw attention to | :11:22. | :11:28. | |
the fact that Lords amendment one engages financial privilege. The | :11:29. | :11:34. | |
first Amendment to be taken is Lords amendment number one to move to | :11:35. | :11:39. | |
disagree with the Lords in their amendment number one. I call the | :11:40. | :11:40. | |
Minister. Mr John Penrose. I beg to move that this house | :11:41. | :11:55. | |
disagrees with the amendment. I shall start by paying tribute to the | :11:56. | :11:59. | |
Lords for their diligent and considered approach to this Bill. | :12:00. | :12:03. | |
For the most part, the scrutiny has been fruitful. However, on just one | :12:04. | :12:11. | |
issue the Lords had taken a decision which fundamentally differs from the | :12:12. | :12:14. | |
view of the Government and indeed this house. Lowering the voting age | :12:15. | :12:22. | |
to 16, this topic has been debated upon twice, and this house has | :12:23. | :12:29. | |
rejected a lower voting age and yesterday with a healthy majority. | :12:30. | :12:36. | |
This houses had this debate many times. I shall endeavour to be | :12:37. | :12:43. | |
brief. In short, the Government does not support lowering the voting | :12:44. | :12:51. | |
age, and in any case this is not the appropriate way to do so. The voting | :12:52. | :12:55. | |
age is 18 as it is in most currencies in Europe and across the | :12:56. | :13:00. | |
world. I give way. The Scottish Parliament has lowered | :13:01. | :13:04. | |
the voting age, so how do I justify to one of my constituencies that has | :13:05. | :13:15. | |
turned 16 how is she can vote in many elections but not this | :13:16. | :13:19. | |
referendum? The franchise for a Scottish | :13:20. | :13:21. | |
parliamentary elections is rightly devolved. This is a decision which | :13:22. | :13:26. | |
is to be taken in this place and across the UK as a whole, it is a | :13:27. | :13:32. | |
reserved topic. Therefore, while it isn't only open for the Holyrood | :13:33. | :13:37. | |
parliament to take decisions for its franchise, and we honour their | :13:38. | :13:41. | |
ability to do so, it is an inevitable result of devilish and | :13:42. | :13:44. | |
that we will get different views in different parts of the country -- | :13:45. | :13:52. | |
result of devilish and -- devolution. Very briefly, then I | :13:53. | :13:57. | |
shall try and make some progress. Notwithstanding the answer he has | :13:58. | :14:08. | |
just given, will he not reflect the participation of 16-year-olds in the | :14:09. | :14:12. | |
Scottish Referendum shows their responsibility. Should they not | :14:13. | :14:20. | |
support the coming EU referendum as well? | :14:21. | :14:24. | |
That is a justifiable point, and it is noticeable that the Scottish | :14:25. | :14:29. | |
Referendum resulted in an quelling of democratic engagement, not just | :14:30. | :14:35. | |
amongst 16 and 17-year-olds -- uprising of democratic engagement. I | :14:36. | :14:39. | |
do not think that is the only test we should apply, but it does away on | :14:40. | :14:48. | |
the mind. -- way on the mind. But I do not think it is enough. Let me | :14:49. | :14:54. | |
make some progress and perhaps I can expend that point at that little | :14:55. | :15:05. | |
more. We have no clear point at which a person becomes an adult, but | :15:06. | :15:11. | |
it is that a team where society usually draws the line. I will try | :15:12. | :15:16. | |
and make some progress and come back to the gentleman in a moment. At a | :15:17. | :15:22. | |
team that a person cannot do. They must wait to 21 to adopt a child or | :15:23. | :15:28. | |
drive a bus. In general this is not perfect. More things require | :15:29. | :15:34. | |
parental consent for a things under 18. Joining the Army or having a | :15:35. | :15:40. | |
drink in the pub need parental approval for those under 18. And | :15:41. | :15:47. | |
others that require a considered view, such as serving on a jury or | :15:48. | :15:54. | |
buying a house all happen at 18. The last Labour Government raise the age | :15:55. | :16:01. | |
for using a sunbed from 16 to 18. It cannot be right to argue that | :16:02. | :16:08. | |
someone aged 16 it cannot be trusted to decide on the risks of having a | :16:09. | :16:13. | |
tan but can decide on who runs the country. I give way. | :16:14. | :16:19. | |
There is no defined age at which it would be reasonable to vote. But my | :16:20. | :16:25. | |
honourable friend made the point that they were given the opportunity | :16:26. | :16:29. | |
to vote and will have the opportunity in the future. How does | :16:30. | :16:34. | |
the Minister explain to them that there it is legitimate for them to | :16:35. | :16:40. | |
vote on Scottish garments, local government and referendum, but not | :16:41. | :16:44. | |
this referendum? -- Scottish Government. | :16:45. | :16:50. | |
My reaction is that speaking to that hypothetical voter in Scotland, is | :16:51. | :16:57. | |
that the Holyrood parliament is entitled to take its decisions on | :16:58. | :17:01. | |
the bold matters. This is a doubled matter, the Holyrood franchise. But | :17:02. | :17:09. | |
also the referendum franchise is something for the entire country to | :17:10. | :17:15. | |
decide. I will have to make some progress but I have to give way. | :17:16. | :17:22. | |
But does he not accept that this European union referendum is a once | :17:23. | :17:26. | |
in a generation opportunity? For young people, this will directly | :17:27. | :17:33. | |
impact on their rights as European union citizens to live, work and | :17:34. | :17:39. | |
study in other EU member states? He is absolutely right, this will | :17:40. | :17:43. | |
affect all of us. I am afraid the argument here is advancing would | :17:44. | :17:50. | |
apply as equally well to 14-year-olds, 15-year-olds, and 65 | :17:51. | :17:56. | |
olds. He is correct, that is not necessarily a compelling argument. I | :17:57. | :18:02. | |
give way once again. Can I caution the Minister against | :18:03. | :18:14. | |
invoking the instinct of the previous Government on sunbeds to | :18:15. | :18:22. | |
deny 16-year-olds the vote. The heart of what it means to be | :18:23. | :18:27. | |
represented in this place is that at 16 you pay your taxes. | :18:28. | :18:35. | |
That is an idea which has a long, distinguished history. I believe | :18:36. | :18:40. | |
people throwing tea in the harbour in Boston would support that. | :18:41. | :18:43. | |
However it is an argument which has grown weaker overtime for a number | :18:44. | :18:48. | |
of reasons. Firstly, the number of 16 and 17-year-olds which now pay | :18:49. | :18:53. | |
income tax, one at zero, is a great deal fewer than it used to be. | :18:54. | :18:58. | |
Partly because this Government and the last one raised the threshold | :18:59. | :19:02. | |
for income tax and the school leaving and training age. But also | :19:03. | :19:11. | |
because and now many indirect taxes, and therefore any six old who buys | :19:12. | :19:19. | |
whatever it may be pays the 18. That rather weakens the arguments, one I | :19:20. | :19:27. | |
rather clung to myself. -- pays the VAT. | :19:28. | :19:33. | |
Even if we were convinced that lowering the voting age was the | :19:34. | :19:37. | |
right thing to do, this Bill would not be the place to do it. For two | :19:38. | :19:42. | |
reasons, firstly, changing the voting age is not something which | :19:43. | :19:46. | |
should be applied to a single vote, or, perhaps especially, if it is as | :19:47. | :19:50. | |
important as this referendum. It is something that should be considered | :19:51. | :19:56. | |
for all elections collectively. Not piecemeal, on a case-by-case basis. | :19:57. | :20:01. | |
Equally, given the understandable sensitivities surrounding the EU | :20:02. | :20:04. | |
referendum, making such a fundamental change to the franchise | :20:05. | :20:08. | |
for this vote alone, but not for others, which inevitably and perhaps | :20:09. | :20:13. | |
unjustifiably lead to accusations of trying to fix the franchise in | :20:14. | :20:18. | |
favour of either of the Remain or League campaigns. That is why we | :20:19. | :20:25. | |
have chosen to remain with the tried and tested election franchise. If it | :20:26. | :20:28. | |
is good enough reducing the Government of this country, then it | :20:29. | :20:31. | |
is surely good enough for the referendum too. And we should not | :20:32. | :20:35. | |
jiggle around with it for a 1 off tactical advantage either way. Once | :20:36. | :20:39. | |
more. I am grateful. On that point, Nolan | :20:40. | :20:44. | |
has made any such complaints about the result of the Scottish | :20:45. | :20:48. | |
Referendum. I do not understand why he feels if it was done in this case | :20:49. | :20:53. | |
that argument would be made here? I'm sure there are people in his own | :20:54. | :20:57. | |
hearty that are concerned and maybe on one side of this issue. -- own | :20:58. | :21:06. | |
party. Equally it is the same for my party. There are voices that need to | :21:07. | :21:14. | |
be understood. This needs to be seen as a studiously fair election, one | :21:15. | :21:18. | |
which will therefore settle the issue for a very long time to come. | :21:19. | :21:24. | |
It is also worth pointing out that young people themselves, the very | :21:25. | :21:28. | |
people we are debating in franchising here today, I'm not sure | :21:29. | :21:33. | |
it would be a good idea. Well there I received -- while there are a | :21:34. | :21:40. | |
reasonable majority of 16-year-olds, many do not support it overall. What | :21:41. | :21:46. | |
that says about 18-year-olds, opinions of their younger selves two | :21:47. | :21:51. | |
years earlier I will leave you to conclude. The results of a solid | :21:52. | :21:55. | |
majority against the change amongst all other adults over 18 as well. I | :21:56. | :22:03. | |
give way once more. I thank the most forgiving way when | :22:04. | :22:07. | |
he said he couldn't. But does the Minister agree that in the run-up to | :22:08. | :22:16. | |
the Scottish Referendum, those who were opposed to extending the | :22:17. | :22:21. | |
franchise, after the referendum, unanimously agree very nearly that | :22:22. | :22:27. | |
it was the correct thing to do? I hope I can come on to that point | :22:28. | :22:33. | |
in the next part of my remarks. He is correct, there is a solid | :22:34. | :22:37. | |
majority, across the country, against this change, across all | :22:38. | :22:42. | |
adults as well as an 18-year-old and her lesser extent 17-year-olds. What | :22:43. | :22:48. | |
it shows that this is not some greater progress of cores were | :22:49. | :22:52. | |
unimpressed minority is awaiting to be liberated by public support. -- | :22:53. | :22:59. | |
oppressed minority. This will not seem like a national issue, but a | :23:00. | :23:08. | |
Westminster bubble issue. Not a widespread issue with widespread | :23:09. | :23:14. | |
Democratic support. There may be suspicion that some are supporting | :23:15. | :23:18. | |
this motion because they may gain some tawdry, tactical, party | :23:19. | :23:23. | |
political advantage from one side or the other. None of these reasons | :23:24. | :23:28. | |
will strengthen or help us as we consider an issue which will affect | :23:29. | :23:35. | |
our participation in the EU. Finally, I wish to touch on the | :23:36. | :23:40. | |
financial implications. You have certified that this touches on | :23:41. | :23:47. | |
financial privilege because extending the franchise will cost | :23:48. | :23:51. | |
extra. Madam Speaker, the cost is far from the only reason why the | :23:52. | :23:55. | |
Government disagrees with this amendment, but for procedural | :23:56. | :24:01. | |
reasons the house is not able to... To be clear, the Government | :24:02. | :24:06. | |
disagrees with the moment of principled as well as financial | :24:07. | :24:08. | |
grounds. I give way once more. | :24:09. | :24:13. | |
I'm grateful to the Minister. This is probably the most novel aspect of | :24:14. | :24:21. | |
our debate today. It is for the Speaker to certify whether financial | :24:22. | :24:26. | |
privilege is invoked or not, but it is in fact for the Government to | :24:27. | :24:30. | |
decide whether they are to take advantage of that. The Government | :24:31. | :24:33. | |
did not take advantage of that in relation to the 2014 Wales Bill for | :24:34. | :24:37. | |
exactly the same issue. What is different now? | :24:38. | :24:44. | |
I think I have addressed that point, which is that we cannot waive | :24:45. | :24:47. | |
privilege and disagree with the amendment for other reasons. | :24:48. | :24:52. | |
Therefore, we need to engage financial privilege, but I am also | :24:53. | :24:55. | |
taking the advantage of this speech, I hope, to make sure those other | :24:56. | :25:02. | |
issues are given an airing as well. I add, there is nothing new in this, | :25:03. | :25:08. | |
there is a long established precedent in this house. I shall | :25:09. | :25:12. | |
leave it to the procedural experts to lecturers on the historical | :25:13. | :25:19. | |
antecedents of financial privilege. Matters weaker, I have not sought to | :25:20. | :25:24. | |
rebut every arguments, it has been debated many times in this chamber | :25:25. | :25:29. | |
already. I hope I have tried to give everyone a taste of most of the | :25:30. | :25:32. | |
issues and to state the Government's permit system at least. -- position | :25:33. | :25:39. | |
at least. I ask you to review that position once more. | :25:40. | :25:47. | |
I rise to oppose the Government proposal to reject amendment one | :25:48. | :25:54. | |
from the other place and to support the amendment passed by their | :25:55. | :25:59. | |
Lordships which extends the franchise to the EU referendum to 16 | :26:00. | :26:06. | |
and 17-year-olds. There is a more general debate about franchise | :26:07. | :26:10. | |
extension but today I would like to concentrate on the case for | :26:11. | :26:13. | |
extending the franchise to younger voters for this particular | :26:14. | :26:22. | |
referendum. Constitutional referenda are not like general elections which | :26:23. | :26:25. | |
come about every five years, or indeed local elections which are | :26:26. | :26:32. | |
every year. It is 40 years since this issue was voted on in this | :26:33. | :26:37. | |
country. Major constitutional referenda are a once in a generation | :26:38. | :26:43. | |
choice, perhaps a once in a lifetime choice, about the country's future | :26:44. | :26:51. | |
direction. Our contention is very simple, that the young people of | :26:52. | :26:57. | |
this country deserve a say in the decision which will chart the future | :26:58. | :27:01. | |
of the country. There are two points to be made. The argument for the | :27:02. | :27:08. | |
young people to have a vote and the practicalities of that decision. Why | :27:09. | :27:17. | |
did his party not choose to make the amendment before the Lordships chose | :27:18. | :27:27. | |
to impose it? Her memory fills her on this occasion. We moved the | :27:28. | :27:31. | |
amendment at committee and report stage. Every British citizen by | :27:32. | :27:37. | |
virtue of their passport that they hold has the right, as my honourable | :27:38. | :27:44. | |
friend said, to live, work and study anywhere in the EU. It is a right | :27:45. | :27:52. | |
that has opened up opportunities for millions and it is used by many | :27:53. | :27:56. | |
British people who live and work elsewhere in the EU. Those are | :27:57. | :28:01. | |
driving the argument that the UK should leave the EU have at the | :28:02. | :28:07. | |
heart of their proposal the idea that the agreement of people it | :28:08. | :28:10. | |
should be stopped and withdrawn. Whatever they are for, and it is | :28:11. | :28:16. | |
often not easy to figure out, they're certainly against that. But | :28:17. | :28:20. | |
if we withdraw then reciprocal action will be taken against British | :28:21. | :28:27. | |
citizens. The rights of our young people are on the ballot paper, the | :28:28. | :28:33. | |
opportunities are on the ballot paper, and of the future of our | :28:34. | :28:41. | |
young people is on the ballot paper. In my constituency of Swansea West, | :28:42. | :28:50. | |
people of that age 15, 16 and 17 tell me they will be voting in the | :28:51. | :28:55. | |
next general election and it is important to them to vote in this | :28:56. | :29:04. | |
referendum. People are saying they will vote against their MP if they | :29:05. | :29:13. | |
do not vote for them to have a vote. I am positive about this. It is not | :29:14. | :29:23. | |
just about legal rights. This referendum will affect future trade | :29:24. | :29:27. | |
patterns, investment, university funding, farmers, regional | :29:28. | :29:32. | |
spending, many areas of national life. It will say is huge amount | :29:33. | :29:40. | |
about how we view ourselves and held the rest of the world views as. It | :29:41. | :29:46. | |
is about the future of the UK, and we believe that people aged 16 and | :29:47. | :29:52. | |
17 at the time of voting should have their say. There is the question of | :29:53. | :30:00. | |
practicalities. We know from the experience of the Scottish | :30:01. | :30:06. | |
referendum last year that 16 and 17-year-olds can successfully take | :30:07. | :30:12. | |
part in a national vote. Young people engaged in discussion, debate | :30:13. | :30:16. | |
and exercised their democratic choice in the same way as anyone | :30:17. | :30:21. | |
else. Arguments about the capacity to understand or engage were proven | :30:22. | :30:27. | |
not to be the case. The post-referendum report by the | :30:28. | :30:34. | |
electoral commission said 109,593 16 and 17-year-olds were included and | :30:35. | :30:45. | |
75% of those we spoke to claim to have voted. 97% of those who | :30:46. | :30:55. | |
reported voting said they would vote again in future. We know young | :30:56. | :31:08. | |
people can take part and will. The issue is whether the Government | :31:09. | :31:12. | |
gives them this chance. This should not be a partisan choice. There is | :31:13. | :31:17. | |
nothing intrinsically conservative or Labour or Nationalist about | :31:18. | :31:24. | |
extending the franchise. The leader of the Scottish Conservatives has | :31:25. | :31:29. | |
described herself as a paid-up member of the votes at 16 club. Some | :31:30. | :31:35. | |
members opposite supported this proposal when we debated it at | :31:36. | :31:40. | |
committee and report stage and yet it is ministers who are standing in | :31:41. | :31:46. | |
the way. The Government said extending the franchise in this way | :31:47. | :31:51. | |
will cost ?6 million and that has been enough to define the proposal | :31:52. | :31:55. | |
as engaging the financial privileges of this House. But ministers could | :31:56. | :32:05. | |
ask this House to waive the privileges and accept our amendment. | :32:06. | :32:10. | |
It has happened many times in the past when the Government has | :32:11. | :32:15. | |
supported amendments, and it is what could happen here and we would | :32:16. | :32:19. | |
support it. In the end, this is not an issue of the puzzle being an | :32:20. | :32:26. | |
affordable but one of the Government not wanting to do it. According to | :32:27. | :32:31. | |
the Autumn Statement, total public spending in the next financial year | :32:32. | :32:42. | |
is estimated to be 773 billion pounds. The Government wants to deny | :32:43. | :32:55. | |
people a vote for the sake of six of them. It is a once in a generation | :32:56. | :33:01. | |
choice. Let us be clear what this is about. Let us not make a | :33:02. | :33:06. | |
constitutional crisis over a small amount of money or use an argument | :33:07. | :33:12. | |
about what is a straightforward policy choice in the Government's | :33:13. | :33:18. | |
wider campaign to neuter the House of Lords. Do we believe 16 and | :33:19. | :33:25. | |
17-year-olds should have the vote in this referendum or not? Do we | :33:26. | :33:31. | |
believe they have a right to have a say in the future direction of the | :33:32. | :33:35. | |
country? We do and that is why we support the amendment added by their | :33:36. | :33:48. | |
Lordships and we will support it. I rise to support the Government in | :33:49. | :33:52. | |
this matter. I don't think it is reasonable that their Lordships | :33:53. | :33:56. | |
decides to open the cheque-book of this House for whatever the amount | :33:57. | :34:00. | |
and I am surprised the member seemed to think it was a little amount of | :34:01. | :34:06. | |
money of no consequence. He misses the point. It is important that the | :34:07. | :34:13. | |
will of this House is seen to be done and that is not to extend the | :34:14. | :34:22. | |
franchise and I am listening with interest to the regular | :34:23. | :34:28. | |
contributions from Scottish members that if it is good enough for | :34:29. | :34:33. | |
Scotland why is it not in this situation? I think I would remind | :34:34. | :34:42. | |
the Scottish members they cannot have it of ways. What they choose to | :34:43. | :34:49. | |
do in Scotland and they cannot then use that as a wonderful precedent to | :34:50. | :34:54. | |
insist we operate in the same way. One of the things they have done in | :34:55. | :35:01. | |
Scotland which I disagree with, they have extended that every young | :35:02. | :35:09. | |
person under the age of 18 must have a state Guardian appointed, who will | :35:10. | :35:18. | |
assess a child's well-being using eight key indicators. Let me expand | :35:19. | :35:26. | |
this because the Scottish members of Parliament seem to make their | :35:27. | :35:34. | |
presence felt in this place. On the other hand, I sometimes think they | :35:35. | :35:43. | |
also take up a huge proportion of time on debates which concern the | :35:44. | :35:50. | |
whole house so I will not keep giving way whenever I say the word | :35:51. | :35:58. | |
Scotland. I think I would like to make two points. Firstly it is a | :35:59. | :36:04. | |
point of principle that 16 and 17-year-olds should get the vote and | :36:05. | :36:11. | |
when she refers to Scottish members I think she means SNP members. There | :36:12. | :36:25. | |
does seem to be in this place that when Scotland is mentioned, the SNP | :36:26. | :36:33. | |
fuel they must make a point. Things happen in Scotland, brought in by | :36:34. | :36:40. | |
Holyrood which I would not support in this House. I don't expect to | :36:41. | :36:47. | |
argue everything should be transported across-the-board. Their | :36:48. | :36:52. | |
argument that this House should follow their lead in the Scottish | :36:53. | :36:59. | |
referendum is a bogus one. I am grateful. Surely the distinction is | :37:00. | :37:07. | |
this. It was this House that gave the Scottish Parliament the power to | :37:08. | :37:11. | |
extend the franchise in the Scottish independence referendum and we gave | :37:12. | :37:16. | |
them that power knowing exactly how it was going to be used. We may not | :37:17. | :37:21. | |
have made the change ourselves but as Lord Dobbs put it we acquiesced | :37:22. | :37:29. | |
in it. What is the difference now? I think the majority of members in | :37:30. | :37:34. | |
this has to not support extending the franchise. We have a sense that | :37:35. | :37:46. | |
this is what we allow 16, 17, 18-year-olds to do, it is not an | :37:47. | :37:53. | |
obvious logical extension that every young person does something at 16 | :37:54. | :37:57. | |
and not something else. We accept there are some as our rules that | :37:58. | :38:09. | |
apply but over voting, many of us believe that for young people it is | :38:10. | :38:14. | |
a step too far to expect we expand the franchise and exempt them from | :38:15. | :38:21. | |
other things. I have not arrowed a member of the SNP are doing for | :38:22. | :38:25. | |
16-year-olds to be members of Parliament. That to me is the | :38:26. | :38:31. | |
logical extension of extending the franchise, having it taken down to | :38:32. | :38:43. | |
16. I don't believe the sixth team -year-old would have the maturity | :38:44. | :38:49. | |
and experience to represent a constituency at 16. When she speaks | :38:50. | :38:55. | |
of logic, which she also comment on the fact that many of the members | :38:56. | :38:59. | |
opposite arguing for this were the same people who increased the age of | :39:00. | :39:06. | |
people who could smoke a few years ago to 18 will stop if they think | :39:07. | :39:12. | |
they cannot make a decision about whether or not to smoke, how can | :39:13. | :39:19. | |
they think they are capable of voting? That was exactly a point I | :39:20. | :39:30. | |
had in some notes. I accept there are anomalies. Many of us do. I do | :39:31. | :39:38. | |
believe, and I heard a member of say this is a once in a generation vote, | :39:39. | :39:44. | |
well I have never voted on at so I accept that. I am looking forward to | :39:45. | :39:55. | |
voting on this. If the logic was to be argued that it is once in a | :39:56. | :40:02. | |
lifetime then surely 15, 14, were does one stop? We have to have an | :40:03. | :40:12. | |
age limit on UK Parliamentary elections, 18, therefore those | :40:13. | :40:18. | |
people below that age will live with the consequences. Would she accept | :40:19. | :40:26. | |
that this is a huge change and therefore should not be made on the | :40:27. | :40:35. | |
basis of one type of voting, like the referendum, but if we are to do | :40:36. | :40:39. | |
this it should be looked at popular, with the anomalies -- looked at | :40:40. | :40:50. | |
properly. It is that we should look at it properly so it is introduced | :40:51. | :40:54. | |
with the general election if that is what Parliament wants. She is right. | :40:55. | :41:01. | |
My friend on the front bench alluded to that. I won't stick include by | :41:02. | :41:07. | |
saying that the SNP may fuel they have it just right in Scotland but | :41:08. | :41:10. | |
that was their privileged to do that. I disagree that an example led | :41:11. | :41:20. | |
by the SNP to say we have to explain to the young people of Scotland why | :41:21. | :41:23. | |
they cannot do this is frankly ridiculous. This House has voted | :41:24. | :41:31. | |
numerous times that we do not want to extend the franchise and the back | :41:32. | :41:37. | |
door method using their Lordships' majority to overrule this is a | :41:38. | :41:43. | |
dangerous precedent, to tack on the fundamental change is not the method | :41:44. | :41:52. | |
to do it. There is a ?6 million bill associated with it and I object to a | :41:53. | :41:59. | |
blank cheque being written but maybe they do not care where the money | :42:00. | :42:02. | |
comes from. Frankly the main principle is for many of us is that | :42:03. | :42:11. | |
extending the franchise is not the way to do it. If we were to do it | :42:12. | :42:16. | |
for this referendum then it would be inevitable we would have to move the | :42:17. | :42:24. | |
age for nationwide UK elections. I would say yet again until we are | :42:25. | :42:28. | |
prepared to consider all the eventualities of that vote, | :42:29. | :42:33. | |
including extending the ability of someone aged 16 to represent a | :42:34. | :42:38. | |
constituency then we are not in a position today to consider all the | :42:39. | :42:43. | |
options to accept this amendment and I hope the House rejects it. | :42:44. | :42:51. | |
Thank you for the opportunity, as a Scottish MP, two discussed giving | :42:52. | :42:59. | |
Scottish teenagers the vote in the European referendum. It seems | :43:00. | :43:06. | |
something of an irony that members of the opposite... We have a simple | :43:07. | :43:15. | |
solution which is to scrap the upper chamber. In this instance, I am glad | :43:16. | :43:19. | |
they have given us the opportunity. I know it when we previously debated | :43:20. | :43:25. | |
this back in June, there were members on both sides of the has | :43:26. | :43:29. | |
said that the time will come, I hope they have taken the summer time to | :43:30. | :43:34. | |
reconsider. Firstly, this is a question of democracy. The minister | :43:35. | :43:38. | |
talked about this being a Westminster bubble issue. I do not | :43:39. | :43:42. | |
see how giving more people the vote, more people the opportunity to | :43:43. | :43:46. | |
participate in the democratic process is a Westminster bubble | :43:47. | :43:54. | |
issue - quite the opposite in fact. Young people will have to live with | :43:55. | :43:58. | |
the decision of the European referendum much longer than the rest | :43:59. | :44:03. | |
of us. 16-year-olds can pay tax and get married, but I will concede that | :44:04. | :44:07. | |
they cannot drive a bus. I will come to the member in just a moment. On a | :44:08. | :44:12. | |
more sobering point, I'll was in at the devolution in 2010 many citizens | :44:13. | :44:24. | |
who lost the lies and Iraq were too young to vote. | :44:25. | :44:31. | |
Will the honourable gentleman assist me in expelling my 15 is not | :44:32. | :44:32. | |
correct? I thank the member. | :44:33. | :44:40. | |
-- explained to me. We believe that 16 is a good age for | :44:41. | :44:45. | |
participation. It is when they pay tax. We think that is a good age to | :44:46. | :44:52. | |
come in and start voting. Participation is a question which | :44:53. | :44:55. | |
should always be high on the agenda of this house. We should always be | :44:56. | :44:59. | |
trying to look at different ways to encourage people to be involved in | :45:00. | :45:03. | |
the democratic process. Evidence suggests that the earlier we involve | :45:04. | :45:07. | |
them, more likely people are to stay involved. If you vote at 16, if you | :45:08. | :45:15. | |
vote early, you vote often. The other side of the house may not like | :45:16. | :45:19. | |
that very much, but we think that is positive. I will come to him in just | :45:20. | :45:31. | |
a moment. We in this house, we have a tale of two legislators. On the | :45:32. | :45:37. | |
18th of June, the very day that this house struck down the amendment to | :45:38. | :45:43. | |
give 16 and 17-year-olds a vote, the Scottish Parliament is dosed at the | :45:44. | :45:53. | |
wiser institution, clearly - took about to extend the franchise to | :45:54. | :45:56. | |
Holyrood elections, and they passed it unanimously. The fact that the | :45:57. | :46:03. | |
leader of the Scottish Conservatives said that she, and I quote, a fully | :46:04. | :46:08. | |
paid-up member of the votes at 16 club now. I welcome that, along with | :46:09. | :46:13. | |
Labour and the Lib Dems which are now for about a 16 as well. In fact, | :46:14. | :46:19. | |
any rarer show of unity, I hope I'm not jinxing this, the past leader of | :46:20. | :46:28. | |
the Labour Party appeared to vote to back votes at 16. I hope I'm not | :46:29. | :46:37. | |
speaking too soon on that one. Is my honourable friend also aware | :46:38. | :46:41. | |
that both the Scottish and UK youth Parliament have endorsed votes at | :46:42. | :46:45. | |
16? My honourable friend makes a good | :46:46. | :46:50. | |
point. Indeed the electoral reform Society said the UK Government | :46:51. | :46:56. | |
should follow holy red's example for the EU referendum and all other | :46:57. | :46:58. | |
elections. Hollywood BUZZER . | :46:59. | :47:06. | |
The gold standard set by the Scottish Referendum is one that we | :47:07. | :47:12. | |
should follow here. It is a shame that we have not follow this | :47:13. | :47:18. | |
example. It it is a shame that those who make such a huge contribution | :47:19. | :47:23. | |
will not be able to vote. But members from across the spectrum | :47:24. | :47:29. | |
were won over by votes for 16. Turnout among 16 and 17-year-olds | :47:30. | :47:35. | |
was 75%. 97% of them saying they would contribute to voting again. | :47:36. | :47:43. | |
The access to more information than any other age group. That makes all | :47:44. | :47:47. | |
of us macro much more accountable. I give way. | :47:48. | :47:53. | |
One wonders what we ever did before the SNP are right with their 56 | :47:54. | :47:57. | |
seats in this Parliament. We obviously struggled on manfully. The | :47:58. | :48:03. | |
honourable gentleman will know that when the franchise was made to | :48:04. | :48:07. | |
18-year-olds, since then, very rarely has turnout between 18- | :48:08. | :48:14. | |
24-year-olds gone above 20%. But in the 70s it is in the high 70s. We | :48:15. | :48:20. | |
have never had so much information about policy and politics. Why does | :48:21. | :48:23. | |
he think that across the UK young people are so disengaged? | :48:24. | :48:29. | |
Of course, the honourable member is not the only person so delighted to | :48:30. | :48:37. | |
cease any new SNP members. We have the facts and we have the evidence, | :48:38. | :48:41. | |
the evidence shows that with you involve 16-year-olds they get | :48:42. | :48:45. | |
involved. Making an argument that Westminster elections have not | :48:46. | :48:48. | |
inspired people to get involved in elections in the past, I think is | :48:49. | :48:52. | |
more of a reflection on the Westminster politicians than it is | :48:53. | :48:56. | |
on the general public at large. We have that evidence, they got | :48:57. | :49:00. | |
involved. 16-year-olds campaigning was a good thing, a good thing for | :49:01. | :49:04. | |
those got involved on the No side as wealthy Yes side. I pay tribute to | :49:05. | :49:09. | |
those who got involved on both sides. -- as well as the Yes side. | :49:10. | :49:17. | |
If you give these people the opportunity to get involved they | :49:18. | :49:22. | |
will do so. The European referendum providers a chance to prove that | :49:23. | :49:28. | |
case. I suspect that 16-year-olds will be better informed and get his | :49:29. | :49:32. | |
Government a better hearing on the deal that they negotiate with | :49:33. | :49:36. | |
Brussels than his own backbenchers will. This house has been left | :49:37. | :49:43. | |
behind on votes for 16-year-olds. It is happening in Scotland, the Isle | :49:44. | :49:47. | |
of Man and elsewhere. Let's not be left behind again and back votes | :49:48. | :49:55. | |
were 16-year-olds. Thank you, Madam Deputy Speaker. I | :49:56. | :50:02. | |
rise to support the Government's position on the Lords amendment | :50:03. | :50:07. | |
number one. A number of arguments deployed to why we should extend the | :50:08. | :50:12. | |
boat to 16 and 17-year-olds for this referendum. I have listened both in | :50:13. | :50:17. | |
this debate so far add other debates - they tend to distil into two broad | :50:18. | :50:25. | |
camps. The first, we have just had an example of that from the | :50:26. | :50:31. | |
honourable member for North East five - that is what they did in | :50:32. | :50:35. | |
Scotland, and therefore what we should do across the UK. -- North | :50:36. | :50:41. | |
East Fife. The other argument is that because it is there a future | :50:42. | :50:45. | |
they should be able to have a say in their future because this is a 1 off | :50:46. | :50:53. | |
election. I lived for a year on Deeside between Ballater and Aboyne, | :50:54. | :51:01. | |
a truly wonderful part of the world. One of the things I discovered | :51:02. | :51:04. | |
living up there is that there are a lots of things that they do in | :51:05. | :51:08. | |
Scotland different to we do in England and Wales. And actually, any | :51:09. | :51:22. | |
life like France. We do not want to create, generate a across the whole | :51:23. | :51:31. | |
of the UK. With a member give quiz work in a moment. | :51:32. | :51:39. | |
I expect one of the reasons why the members of the SNP are so passionate | :51:40. | :51:42. | |
about independence is that they wanted to do things differently from | :51:43. | :51:45. | |
England and Wales. Therefore I find it slightly strange that, in their | :51:46. | :51:51. | |
collective desire to be independent and deference, what they are | :51:52. | :51:54. | |
suggesting is what we should all be saying. I give way. | :51:55. | :52:02. | |
Wasn't the point of the SNP's Speaker there was that when you give | :52:03. | :52:06. | |
16-year-olds the right to vote they become more valued, more engaged, | :52:07. | :52:12. | |
participation increases. They become part of the fabric of democratic | :52:13. | :52:16. | |
society and Dr responsibilities and enrich our whole community. We | :52:17. | :52:22. | |
should go ahead? Part of my speech addresses this | :52:23. | :52:27. | |
very point he made. I'm not going to try and concertina my speech in | :52:28. | :52:31. | |
response to that question, but I will come to that. If you feel is | :52:32. | :52:35. | |
I've not given a satisfactory response, I invite him to intervene | :52:36. | :52:41. | |
later on. I come back to the point about that is what happens in | :52:42. | :52:49. | |
Scotland. There is a long-standing differential between things which | :52:50. | :52:54. | |
16-year-olds can do in Scotland and those in the United Kingdom at | :52:55. | :53:00. | |
large. Great Britain is famous because it is the first place that | :53:01. | :53:10. | |
runaway lovers can yet to and take a voltage attitudes to the age of | :53:11. | :53:16. | |
marriage. -- Gretna Green is famous. Seeing because it happens in | :53:17. | :53:19. | |
Scotland it must therefore happen in the rest of the UK is I think a | :53:20. | :53:29. | |
hollow argument. I would also advise the honourable members from the | :53:30. | :53:36. | |
Scottish National Party to be a little bit careful what you wish for | :53:37. | :53:45. | |
in this regard. Because, if your position is that any deep power you | :53:46. | :53:54. | |
exercised must then, by extension, be absorbed by the rest of the | :53:55. | :53:58. | |
United Kingdom, I believe it is going to create a lot of friction | :53:59. | :54:10. | |
and disharmony. -- devolves power. People in the rest of the United | :54:11. | :54:14. | |
Kingdom will feel aggrieved that there is an automatic assumption | :54:15. | :54:22. | |
that the bold decisions made in Scotland will occur across the | :54:23. | :54:30. | |
latest kingdom I think the honourable member misses the point. | :54:31. | :54:35. | |
My colleague from North East Fife talks about the engagement of 15 and | :54:36. | :54:41. | |
16-year-olds. What we have found in Scotland, and the evidence bags it | :54:42. | :54:47. | |
up, we have found that by giving the franchise to 16 to 17-year-olds they | :54:48. | :54:53. | |
have remained engaged in the political process be on the age of | :54:54. | :54:58. | |
16. While the UK may have had low numbers in the Westminster | :54:59. | :55:01. | |
elections, we have much higher, above 70%, in Scotland. | :55:02. | :55:09. | |
I issue the honourable lady misunderstood the type of engagement | :55:10. | :55:12. | |
I meant when I spoke about Gretna Green, but I will come onto that. | :55:13. | :55:20. | |
The member for Vauxhall makes a very important point about the natural | :55:21. | :55:30. | |
implication of extending the voting rights in the European referendum to | :55:31. | :55:39. | |
other collections. I was, in a previous life, the youth ambassador | :55:40. | :55:44. | |
to the Mayor of London. I spent a huge amount of time dealing with | :55:45. | :55:49. | |
young people across London. I know there are many where you informed, | :55:50. | :55:55. | |
engaged, articulate, thoughtful people who are aged 16 and 17. There | :55:56. | :56:03. | |
are also some very well-informed, article, engaged 15-year-olds. | :56:04. | :56:08. | |
Rightly, there are some 40-year-olds who I would not trust to tie their | :56:09. | :56:14. | |
own shoelaces. So we recognise that there is a degree of arbitrary | :56:15. | :56:21. | |
distinction when we bring about a voting age. But there must be a line | :56:22. | :56:30. | |
in the sand. A number of people asked if 16, why not 15? If 15, why | :56:31. | :56:38. | |
not 14? My two boys are the sons of a politician, we speak about | :56:39. | :56:43. | |
politics at home, they listen to the nose, -- they listen to the news, | :56:44. | :56:49. | |
and I would suggest they are better informed about UK and global | :56:50. | :56:52. | |
politics then many people twice or thrice their age, so why not give | :56:53. | :56:58. | |
them the vote? It comes onto the second argument, that it is their | :56:59. | :57:03. | |
future. This referendum is their future, just as much it is the | :57:04. | :57:06. | |
future for a 16 or 17-year-old. He may be surprised to know that I | :57:07. | :57:24. | |
do not support votes at 16. What worried me was increasing pressure | :57:25. | :57:27. | |
on childhood in our country. What worries me about this is that an | :57:28. | :57:35. | |
adult will be an adult at 16 stop them petition is that have never | :57:36. | :57:39. | |
been seriously looked at by my party or investigated. This opposition, | :57:40. | :57:49. | |
the SNP as well, having never done a proper evaluation on the impact on | :57:50. | :57:54. | |
children and the protection of children, which should be a top | :57:55. | :58:04. | |
priority. That leads me to my closing remarks. For those people | :58:05. | :58:11. | |
who say this is a one-off and will not be extensions, we have just | :58:12. | :58:18. | |
heard members of the SNP saying they gave votes to 16-year-olds in the | :58:19. | :58:24. | |
referendum and then at Holyrood elections and they are suggesting | :58:25. | :58:30. | |
this is a natural evolution of the Democratic process. They are making | :58:31. | :58:35. | |
the point that you warn against, that this will unlock the floodgates | :58:36. | :58:44. | |
for the change of the mandate to 16 at many other elections and at a | :58:45. | :58:51. | |
time when 16 and 17-year-olds are mandated to remain in education. We | :58:52. | :58:56. | |
have made an explicit comment that we do not fuel they are fully formed | :58:57. | :59:04. | |
because -- feel they are fully formed because if not we would not | :59:05. | :59:18. | |
suggest they have to stay in education, so it is a ridiculous | :59:19. | :59:22. | |
notion that in a one-hour debate tagged onto the European Union | :59:23. | :59:28. | |
Referendum Bill that we should change the mandate. I recommend all | :59:29. | :59:36. | |
members to support the Government's position. As members can see there | :59:37. | :59:43. | |
are a few people who wish to speak. The debate must finish at 145 PM. | :59:44. | :59:59. | |
Our young people are no longer children and they resent being | :00:00. | :00:05. | |
treated as such. Our view is that if we entrust them with the | :00:06. | :00:07. | |
responsibility they will act responsibly. These are not my words | :00:08. | :00:16. | |
but the words of a late Lord during the debate which led to reducing the | :00:17. | :00:25. | |
voting age from 21 to 18. The world has changed since then and so must | :00:26. | :00:31. | |
we. It is about franchising young people in one of the biggest | :00:32. | :00:37. | |
decisions to affect their lives. One of my first acts as an MP was to try | :00:38. | :00:42. | |
to introduce a Private Members' Bill on this issue to give 16 and | :00:43. | :00:48. | |
17-year-olds the vote whilst increasing political education. That | :00:49. | :00:55. | |
bill is unlikely to be debated and voted on. I sincerely hope the | :00:56. | :01:00. | |
Government will see sense today and support the amendment in front of | :01:01. | :01:04. | |
us. I have spoken with many opposite who have agreed with me on this. The | :01:05. | :01:12. | |
European question is quite simply one of the biggest decisions we can | :01:13. | :01:17. | |
make. Do we want to live in a country with strong link is to our | :01:18. | :01:29. | |
nature is where we can engage with various topics are to be wants to be | :01:30. | :01:34. | |
cut off from the world becoming a smaller influence on the world | :01:35. | :01:38. | |
stage? These arguments are for another day. Whatever the result, | :01:39. | :01:45. | |
one thing can be sure to stop it will have a long-lasting impact on | :01:46. | :01:50. | |
this country. The inn/out campaigns have been launched and people have | :01:51. | :01:58. | |
started to talk about it but there is one group talking about it but | :01:59. | :02:04. | |
who are being silenced and it is that group we are here to talk about | :02:05. | :02:08. | |
today. The Prime Minister is spending close to ?1 billion | :02:09. | :02:16. | |
empowering young people aged 16 and 17 through national citizen service. | :02:17. | :02:23. | |
I took part over the summer judging community projects young people had | :02:24. | :02:28. | |
designed themselves. National citizen service teachers young | :02:29. | :02:33. | |
people about community engagement and encourages them to play the role | :02:34. | :02:37. | |
of an active citizen in their community. Can the Prime Minister 's | :02:38. | :02:43. | |
not see how ridiculous it is to refuse 16 and 17-year-olds at the | :02:44. | :02:53. | |
ballot box? ? The case has been made as to why 16 and 17-year-olds should | :02:54. | :03:00. | |
be given the vote. They can consent to medical treatment, sexual | :03:01. | :03:05. | |
relationships, get married, join the armed forces, change their name, | :03:06. | :03:10. | |
receive tax credits, welfare benefits, join a trade union, or a | :03:11. | :03:17. | |
cooperative society. They can even do what many young entrepreneurs | :03:18. | :03:23. | |
do, become the director of a company. 16 new rules in work or | :03:24. | :03:30. | |
even required to pay income tax and national insurance. As Mike | :03:31. | :03:36. | |
colleague pointed out in a Westminster debate last year, there | :03:37. | :03:41. | |
is something fundamentally wrong with taxation without | :03:42. | :03:46. | |
representation. It was the very cause of the American revolution. | :03:47. | :03:52. | |
How long before it young people rise up? The last thing we need is more | :03:53. | :04:01. | |
young people becoming militant. Many of my colleagues called for more | :04:02. | :04:05. | |
momentum on this issue. These are people with voices and opinions they | :04:06. | :04:11. | |
want to be heard. Yesterday I spoke to a year 12 political class at a | :04:12. | :04:17. | |
college in my constituency. I asked them if they had anything they would | :04:18. | :04:22. | |
like me to contribute to this debate. They were amazing, | :04:23. | :04:25. | |
articulate and inspired young people. One of the things they asked | :04:26. | :04:36. | |
was about my view on the House of Lords being abolished and if they | :04:37. | :04:40. | |
had asked me a few months ago I might have had a different answer. | :04:41. | :04:44. | |
It is because of the work of the other place that we are here today. | :04:45. | :04:53. | |
I ask them to tell me about votes at 16. One young lad told me he felt | :04:54. | :05:02. | |
unrepresented. He said there were millions of young people who have no | :05:03. | :05:08. | |
say. He said voter turnout for 18-24 -year-olds is just about 40% and we | :05:09. | :05:16. | |
needed the voices of 16 and 17-year-olds to be added to make | :05:17. | :05:20. | |
sure young people are represented. I checked the statistics and he was | :05:21. | :05:28. | |
bang on. If the Scottish referendum is anything to go by, we could see | :05:29. | :05:35. | |
75% of all 16 and 17-year-olds vote in the EU referendum. He said you | :05:36. | :05:45. | |
could count on one hand the number of MPs who had been in full-time | :05:46. | :05:50. | |
education in the last decade so he said he couldn't understand what it | :05:51. | :05:54. | |
was like from a learner's point of view. Fabian pointed out that you | :05:55. | :06:03. | |
can only understand about Jewish and fees if you turned 18 at the right | :06:04. | :06:14. | |
time. Lizzie said he wanted to march for church and fees but told he | :06:15. | :06:20. | |
could not. He felt the direct action was his only choice. I will move on | :06:21. | :06:29. | |
to one point and some up. Owen said for words to me. It just makes | :06:30. | :06:44. | |
sense. And it does. I would like to speak briefly in support of the | :06:45. | :06:48. | |
Government. It is not unusual to be patronised by the SNP. I noticed the | :06:49. | :06:54. | |
member for garden is not in his place. I heard a rumour he was | :06:55. | :07:01. | |
unveiling a statue of himself made out of chocolate so he could admire | :07:02. | :07:07. | |
it and then eat it. The reason I am opposing this is not actually | :07:08. | :07:13. | |
because I am against the substance of the debate. I am a floating | :07:14. | :07:19. | |
voter. I began to look at the experience of younger people over | :07:20. | :07:23. | |
the last year. We need a proper debate, a proper legislative | :07:24. | :07:29. | |
framework to debate this issue, rather than tacked on to an EU | :07:30. | :07:37. | |
referendum. I support lowering the age in principle but it seems that | :07:38. | :07:41. | |
if you look at the bill the principal offer is if we want to | :07:42. | :07:48. | |
make major changes we go to the public. We should have a national | :07:49. | :07:56. | |
consultation about this as well. We have a gold standard template which | :07:57. | :08:02. | |
we measure and that is the franchise. We have made changes in | :08:03. | :08:18. | |
1969, 19 24. We accept all of that. Let's have a public debate, not just | :08:19. | :08:24. | |
through the prism of the Scottish referendum and across all of the | :08:25. | :08:27. | |
country where we can have differing views. The honourable lady carboxyl | :08:28. | :08:33. | |
put her finger on the issue. It must not be tacked on. It must be | :08:34. | :08:51. | |
decided... I find it inconceivable that the turnout would rise from 40% | :08:52. | :09:01. | |
to 75% because you include 16 and 17 year -year-olds. That doesn't add | :09:02. | :09:10. | |
up. This is a constitutional outrage that the superannuated unelected | :09:11. | :09:17. | |
House of Lords have told us what the elected house should be doing when | :09:18. | :09:21. | |
we have a settled view on it. They should learn their place and they | :09:22. | :09:26. | |
must be subservient to the elected house and it is high time we had | :09:27. | :09:33. | |
House of Lords reform. After my experience in the last Parliament, | :09:34. | :09:37. | |
the irony of the hearing Conservative members arguing for | :09:38. | :09:43. | |
reform of the House of Lords is never lost. There is a fundamental | :09:44. | :09:51. | |
inconsistency in the position of the Government. In the last Parliament | :09:52. | :09:56. | |
the Prime Minister gave the power to the Scottish Parliament to extend | :09:57. | :09:59. | |
the franchise for the independence referendum. We knew what they were | :10:00. | :10:07. | |
going to do with it. As the noble Lord in the other place put it, he | :10:08. | :10:11. | |
acquiesced. And for a number of reasons. It was the most important | :10:12. | :10:18. | |
vote we would face and because it was once in a generation. That is | :10:19. | :10:23. | |
exactly the situation facing the House today. On the question of | :10:24. | :10:30. | |
financial privilege, I have to say it appears to me that the Government | :10:31. | :10:35. | |
having lost the argument now wants to play the trumpet card to thwart a | :10:36. | :10:42. | |
very laudable aim. The honourable lady from St Albans said we were | :10:43. | :10:47. | |
opposing the use of financial privilege because we do not care | :10:48. | :10:53. | |
about where the money comes from. We do care. We care about the fact it | :10:54. | :10:58. | |
is paid by, amongst others, 16 and 17-year-old taxpayers. They pay it | :10:59. | :11:07. | |
so are entitled to have their say. 20 seconds remaining. I wish to | :11:08. | :11:13. | |
argue and I will not take interventions. This makes absolute | :11:14. | :11:20. | |
sense, we need to trust our young people and empower them. Let us give | :11:21. | :11:24. | |
them this vote and chance. Question is that this house | :11:25. | :11:37. | |
disagrees with the House of Lords in their amendment number one. As many | :11:38. | :11:40. | |
as are of the opinion, say "aye". To the contrary, "no". Decision, clear | :11:41. | :11:44. | |
the lobby. The question is that this house | :11:45. | :12:48. | |
disagrees with the Lords amendment number one. As many as are of the | :12:49. | :12:52. | |
opinion, say "aye". To the contrary, "no". . | :12:53. | :19:43. | |
Order, order. The ayes to the right, 303. The noes | :19:44. | :23:36. | |
to the left, 253. The ayes to the right 303. The noes | :23:37. | :23:44. | |
to the latter 253. The ayes habits, the ayes habit. Armlock. | :23:45. | :23:52. | |
The next amendment to be undertaken is Lords amendment number five, and | :23:53. | :23:57. | |
which we shall consider all the remaining Lords amendments and the | :23:58. | :24:01. | |
selected amendments to them as on the paper. To move amendment a 2 | :24:02. | :24:09. | |
Lords amendment number five, I call Sir William Cash. | :24:10. | :24:16. | |
Thank you Mr Speaker. The reason I tabled this amendment is because, in | :24:17. | :24:23. | |
the House of Lords, not in the House of Commons, but in the House of | :24:24. | :24:26. | |
Lords, amendments were removed and accepted by the Government | :24:27. | :24:31. | |
respecting the question of publishing information, both on the | :24:32. | :24:35. | |
outcome of negotiations between the member states and secondly in the | :24:36. | :24:42. | |
other amendments, amendment number five, but in amendment number six | :24:43. | :24:47. | |
due to publish information about membership of the European Union. | :24:48. | :24:51. | |
That may sound all well and good, but if I may say, the problem is | :24:52. | :24:57. | |
that this contains a whole raft of question marks which I wish to raise | :24:58. | :25:01. | |
today. Not least of which is the fact that, and I will give a brief | :25:02. | :25:10. | |
outline of amendment five, on the outcome of negotiations, the | :25:11. | :25:13. | |
secretary of state will be under an obligation to publish a report - | :25:14. | :25:20. | |
which also is loaded with other material - we do not know what that | :25:21. | :25:24. | |
other material will involve. Setting out a statement as to what has been | :25:25. | :25:29. | |
agreed by member states following negotiations. We have just seen the | :25:30. | :25:39. | |
letter from Mr Task on the current assessment of EU negotiations, and I | :25:40. | :25:43. | |
do not think it makes pretty reading for the Government by any means. I | :25:44. | :25:49. | |
go further and say it also goes - and this I found quite astonishing - | :25:50. | :25:54. | |
the object of the letter apparently was to satisfy and to provide a | :25:55. | :25:58. | |
solution for the Prime Minister. I thought the real objective here was | :25:59. | :26:03. | |
to satisfy the United Kingdom, particularly its voters. That is | :26:04. | :26:08. | |
after all what this referendum is all about. It is not about what the | :26:09. | :26:12. | |
Government thinks. Parliament is handing over this entire exercise to | :26:13. | :26:18. | |
the voter, which is the proper way in which the matter should be dealt | :26:19. | :26:23. | |
with, and indeed, for which I have campaigned for nearly 25 years. In | :26:24. | :26:30. | |
addition to that, there is also in that report the proposal, in fact, | :26:31. | :26:38. | |
the duty, to publish the opinion of the Government of the UK on what has | :26:39. | :26:44. | |
been agreed. The opinion of the Government, from all we can gather | :26:45. | :26:48. | |
so far, is going to be that we should remain in. So, not a | :26:49. | :26:52. | |
naturally, those of us who come from a different possession - I say | :26:53. | :26:58. | |
without any lack of candour that I am campaigning to leave the European | :26:59. | :27:07. | |
Union - I need to be complete surely -- completely impartial and fair in | :27:08. | :27:11. | |
that position. I am deeply concerned as to what that material might | :27:12. | :27:16. | |
contain, and what the opinion of the Government, as exposed now report, | :27:17. | :27:22. | |
what might be. The second amendment relates to amendment six. In that | :27:23. | :27:28. | |
case, it refers to the secretary of state being under a legal obligation | :27:29. | :27:33. | |
to publish a report, again with other material, of which we know | :27:34. | :27:41. | |
nothing, relating to information to rights and obligations that arise in | :27:42. | :27:45. | |
European Union law as a result of the UK's member ship of the EU. I | :27:46. | :27:51. | |
must say, as one has been on the committee for 30 years, there has | :27:52. | :27:56. | |
been a vast accumulation of rights and obligations. So much so that I | :27:57. | :28:01. | |
really wonder whether it is conceivable that that information | :28:02. | :28:05. | |
could ever be made available in the concise form that such a report | :28:06. | :28:12. | |
would presuppose. In fact, it is everything which arises under | :28:13. | :28:14. | |
sections two of the European sections two of the European | :28:15. | :28:18. | |
communities act which has a massive effect on our daily lives and those | :28:19. | :28:24. | |
of the voters. And it goes on to say, and samples of countries that | :28:25. | :28:29. | |
do not have membership of the European Union but do have other | :28:30. | :28:34. | |
arrangements with the EU, describing in the case of each country giving | :28:35. | :28:39. | |
an example of those arrangements. This brings into mind the question | :28:40. | :28:43. | |
the Prime Minister raised when he was in discussion with the EU the | :28:44. | :28:46. | |
other day, and a speech he made about Norway. I can confidently tell | :28:47. | :28:51. | |
you that for my part at any rate, and for most of my colleagues I | :28:52. | :28:55. | |
think, the Norway option has never been on the table, because we just | :28:56. | :29:01. | |
don't approve of those arrangements. There are other arrangements, | :29:02. | :29:04. | |
certainly, but I do not intend to go into those today. But I will say, | :29:05. | :29:10. | |
however, is that these matters are obligations on the Government to | :29:11. | :29:16. | |
deliver reports. The innocent is of my amendments and those cases is | :29:17. | :29:20. | |
very simple will stop -- the essence of my amendments. The electoral | :29:21. | :29:27. | |
commission itself has important duties to all matters relating to | :29:28. | :29:31. | |
referendums and elections has already made its views clear in | :29:32. | :29:36. | |
relation to what went on in the House of Lords. | :29:37. | :29:42. | |
We would love to have been able to debate this in the House of Commons | :29:43. | :29:49. | |
properly. We have limited time so I will be brief. The fact is that | :29:50. | :29:52. | |
these massive reports are bound to have a huge effect on public opinion | :29:53. | :29:59. | |
and therefore it's absolutely essential that they are impartial | :30:00. | :30:03. | |
and accurate. And, indeed, the electoral commission stated and | :30:04. | :30:07. | |
repeated to me today in an e-mail they sent me, however, however, they | :30:08. | :30:15. | |
go on to say, any provision legislation for these matters should | :30:16. | :30:21. | |
ensure that voters can have confidence in the accuracy and | :30:22. | :30:25. | |
impartiality of the information. There should also be sufficient | :30:26. | :30:29. | |
balance given to the consequences of both the majority vote to remain a | :30:30. | :30:35. | |
member of the European Union, and the majority vote to leave the | :30:36. | :30:38. | |
European Union. I couldn't agree with that small. It's clear that has | :30:39. | :30:46. | |
to be a balance. The problem is that everything from government in | :30:47. | :30:49. | |
relation to this issue, all this speeches and arguments, are all | :30:50. | :30:56. | |
towards the notion there is bats that a reformed EU would satisfy the | :30:57. | :30:59. | |
requirements of what has been set out. The committee has been looking | :31:00. | :31:06. | |
carefully at expert evidence about the outcome of the negotiations thus | :31:07. | :31:12. | |
far. I don't think that I'm giving anything away if I say that last | :31:13. | :31:17. | |
very big questions about what has been achieved under these | :31:18. | :31:20. | |
renegotiations. There is time to go and I am aware that such a report, | :31:21. | :31:24. | |
as I have mentioned, both reports would have to be published within | :31:25. | :31:32. | |
the period of ten weeks, ending with the date of the referendum. The | :31:33. | :31:37. | |
report must be published before the beginning of the final ten week | :31:38. | :31:41. | |
period. For practical purposes, there will be ten weeks to evaluate | :31:42. | :31:46. | |
all of this, but the report will have enormously persuasive | :31:47. | :31:50. | |
significance. How do you envisage the report is | :31:51. | :31:56. | |
scrutinised and who will sign off the report before it is published? | :31:57. | :32:01. | |
I am quite confident the European scrutiny committee will be looking | :32:02. | :32:04. | |
at this very carefully because one of the things that have come up | :32:05. | :32:11. | |
during the course of the renegotiations is this, that we want | :32:12. | :32:18. | |
to be sure that the Government does not come forward with something as a | :32:19. | :32:22. | |
final offer. I see the Minister for Europe sitting there in his usual | :32:23. | :32:28. | |
place. He knows what I'm saying and you don't want to be balanced by a | :32:29. | :32:33. | |
final offer. We want to be able to assess the negotiations as they | :32:34. | :32:36. | |
progress. That's what were doing and what we will continue to do because | :32:37. | :32:41. | |
that is what our standing orders on behalf of the House of Commons | :32:42. | :32:46. | |
requires. I am grateful to the honourable lady for her | :32:47. | :32:49. | |
intervention, because it's really important that this house is not | :32:50. | :32:56. | |
balanced. On the question, and this is all I really need to say on the | :32:57. | :32:59. | |
amendments themselves, I am conscious of the fact that having | :33:00. | :33:04. | |
spoken to the electoral commission today and received a note from them, | :33:05. | :33:10. | |
that they regard the capacity of the electoral commission to provide the | :33:11. | :33:13. | |
degree of impartiality that we would expect as being beyond their own | :33:14. | :33:19. | |
functions. This, I think, is extremely regrettable because I | :33:20. | :33:21. | |
think they should be given the opportunity to comment. I am aware, | :33:22. | :33:28. | |
and I look to the Minister and I say this with very, very clear | :33:29. | :33:32. | |
assessment, the committee will be looking at this very carefully and | :33:33. | :33:38. | |
he knows what that means, and it is simply this. If any such report | :33:39. | :33:45. | |
could not be guaranteed by him as the Minister for Europe as meeting | :33:46. | :33:50. | |
the highest standards of impartiality and the highest | :33:51. | :33:54. | |
standard of accuracy, would he not agree that that would effectively be | :33:55. | :33:59. | |
misleading the British people? That is the test. On the basis that I | :34:00. | :34:04. | |
hear from him something along those lines, I am prepared, of course I am | :34:05. | :34:09. | |
very happy to give way in a moment, just at the finish. Due accuracy and | :34:10. | :34:19. | |
in partiality is implicit in any report of this kind in regards to | :34:20. | :34:24. | |
the importance of the voter being able to make a balanced choice when | :34:25. | :34:28. | |
the time comes. Thank you for giving way. I am | :34:29. | :34:35. | |
puzzled. He is demanding accuracy in the Government's analysis, and he is | :34:36. | :34:43. | |
also demanding impartiality. Does he mean that the Government should not | :34:44. | :34:48. | |
express an opinion on what is the most important issue facing this | :34:49. | :34:52. | |
country for perhaps the next 40 years, because that would be absurd? | :34:53. | :34:57. | |
He must not be saying that. Is he saying that if the Government | :34:58. | :35:04. | |
produces an accurate report and then reaches a conclusion, that cannot be | :35:05. | :35:08. | |
impartial. There is a difference between accuracy and impartiality. | :35:09. | :35:13. | |
I will leave my own opinions out on this particular point as I have very | :35:14. | :35:17. | |
strong views which will be developed during the course of the campaign as | :35:18. | :35:21. | |
to why it is we should leave. But we already know from the speeches that | :35:22. | :35:24. | |
have been made by the Prime Minister and by other ministers that there is | :35:25. | :35:29. | |
a presupposition that a reformed union is the way to go. The tests | :35:30. | :35:34. | |
that'll be applied to that is whether the reforms amount to | :35:35. | :35:36. | |
anything very much, which I don't think they will. In addition to | :35:37. | :35:41. | |
that, whether they meet the test of changing our relationship with the | :35:42. | :35:46. | |
EU, which is also a relevant issue. On these questions are there will be | :35:47. | :35:50. | |
much debate. All I am saying is that anybody with a fraction of judgment | :35:51. | :35:58. | |
on that huge landscape, and the trust that has to be given to be | :35:59. | :36:04. | |
voted to make the right decision as to whether to remain in order leave, | :36:05. | :36:08. | |
will be tested against the question as to whether there is any | :36:09. | :36:11. | |
significant bias in the manner in which reports are put forward. We | :36:12. | :36:16. | |
have already been through the whole of the Purdie debate which was about | :36:17. | :36:21. | |
using civil service machinery. If I may say, I think we won that one. | :36:22. | :36:26. | |
This should not be a back door in relation to receiving the same kind | :36:27. | :36:31. | |
of objectives. On that note, I propose to withdraw my amendment | :36:32. | :36:33. | |
simply because I do want to know, from the Minister, whether or not he | :36:34. | :36:39. | |
is prepared to accept the impartiality and accuracy point | :36:40. | :36:42. | |
which I have made. He knows perfectly well what I mean and is | :36:43. | :36:45. | |
more than capable of giving us a decent answer. | :36:46. | :36:50. | |
The question is that amendment A 2 Lords Amendment five he made. | :36:51. | :37:04. | |
I will speak very briefly giving that the honourable member has | :37:05. | :37:06. | |
indicated he will withdraw his amendment. Amendments five and six | :37:07. | :37:12. | |
passed in the other place reflects very closely amendments that we in | :37:13. | :37:21. | |
this side moved to committee stage and report stage of the | :37:22. | :37:24. | |
consideration of the bill here. Amendment five calls for information | :37:25. | :37:33. | |
and report on the Government's renegotiation purpose. Amendment six | :37:34. | :37:38. | |
calls for a report on the rights and obligations in tales in membership | :37:39. | :37:42. | |
of the European Union, and it also calls for the Government to outline | :37:43. | :37:46. | |
rights and obligations of some countries who have particular | :37:47. | :37:51. | |
relationships with the European Union, but who are not members. | :37:52. | :37:57. | |
Perhaps through the EEA agreement. I could refer the House to the recent | :37:58. | :38:04. | |
policy network pamphlet on these issues called What Does Out Look | :38:05. | :38:10. | |
Like? Which I think would make a great Christmas present for anyone | :38:11. | :38:14. | |
considering these things. I have some copies available if you would | :38:15. | :38:20. | |
like them. This is not the same issue. We are talking about | :38:21. | :38:26. | |
something which is ten weeks out. It is not in a decent of the campaign. | :38:27. | :38:31. | |
It is not a leaflet that is to be distributed to every household in | :38:32. | :38:34. | |
the country or anything of that nature. What we are calling for is | :38:35. | :38:39. | |
the Government to publish information on both of these | :38:40. | :38:45. | |
aspects, the renegotiation and what out might look like, which will give | :38:46. | :38:50. | |
the public the best information possible on a very important | :38:51. | :38:56. | |
decision. The Government and the Prime Minister has placed great | :38:57. | :39:00. | |
emphasis on the renegotiation itself, and we have seen the | :39:01. | :39:04. | |
exchange of letters between the Prime Minister and the President of | :39:05. | :39:07. | |
the European council, who published his initial reply yesterday. We know | :39:08. | :39:13. | |
there will be some discussion on these issues at the European Council | :39:14. | :39:19. | |
next week, but probably not a conclusion until the European | :39:20. | :39:24. | |
Council in February of next year. It remains to be seen what the outcome | :39:25. | :39:29. | |
of these renegotiations is going to be. We had some indication in the | :39:30. | :39:34. | |
letter from the President of the European Council yesterday. The | :39:35. | :39:38. | |
point I would make is that for many of us on this side of the House, we | :39:39. | :39:44. | |
do not place the same weight on this negotiation as the Prime Minister | :39:45. | :39:46. | |
because we think there is a broader case for membership for the four | :39:47. | :39:51. | |
points but the Prime Minister outlined in his letter last month to | :39:52. | :39:54. | |
the President of the European Council. It is obviously also the | :39:55. | :39:59. | |
case that many of the back benches opposite placed no weight at all on | :40:00. | :40:05. | |
this renegotiation for the obvious reason that there is nothing in it | :40:06. | :40:09. | |
that could possibly make them change their minds about the outcome of | :40:10. | :40:14. | |
this referendum. I'll give way to the honourable lady in just a | :40:15. | :40:19. | |
moment. I think it was the member for North Essex who said at the | :40:20. | :40:26. | |
time, it is that it? When he saw the the Prime Minister's letter when it | :40:27. | :40:31. | |
was published a few weeks ago. I understand the last comments, but | :40:32. | :40:35. | |
that is all part of it. What is being asked, the response to what is | :40:36. | :40:40. | |
being asked is all part of the calculations being made by many | :40:41. | :40:43. | |
people who may be considering what unit looks like as well as out. If | :40:44. | :40:49. | |
the negotiations are not treated with the respect and gravity they | :40:50. | :40:53. | |
deserve, then that says a big message to those of us who have | :40:54. | :40:56. | |
concerns about our ongoing membership. | :40:57. | :41:02. | |
Thank you for your intervention. Different people will look at this | :41:03. | :41:05. | |
renegotiation in a different way. The point I am making is that I | :41:06. | :41:09. | |
think there is a broader case about membership of the European Union | :41:10. | :41:15. | |
well beyond the four items listed in the Prime Minister's letter and the | :41:16. | :41:19. | |
four cases in President Donald Tusk's reply. If for some voters it | :41:20. | :41:26. | |
is all about those four points, that is a fair judgment that they want to | :41:27. | :41:30. | |
make. What I am saying is that for most people on this side of the | :41:31. | :41:34. | |
House, there is a broader case for membership. | :41:35. | :41:40. | |
When it comes to voters casting their vote on whether we should | :41:41. | :41:47. | |
remain in the European Union or leave, it will not in the end be the | :41:48. | :41:53. | |
final points of the renegotiation that is in their minds. It will be | :41:54. | :41:58. | |
the broader case, either bought in or out, that people will vote on. | :41:59. | :42:07. | |
Amendment five deals with the report that we would like to see on these | :42:08. | :42:13. | |
issues. Amendment sex on the broader issue of what being an would look | :42:14. | :42:19. | |
like and what the outcome would look like -- Amendment 6-mac. If the | :42:20. | :42:25. | |
country votes to leave there would then be process of extracting | :42:26. | :42:28. | |
ourselves from the European union and not one can say with certainty | :42:29. | :42:34. | |
what the outcome would be like. However, we do have examples of | :42:35. | :42:39. | |
countries that trade with the single market that are not members of the | :42:40. | :42:46. | |
European union, Norway, Switzerland, for example. I don't | :42:47. | :42:51. | |
want to get into details on this today but they are out there and we | :42:52. | :42:55. | |
can see what their obligations are, even though they are not members of | :42:56. | :43:02. | |
the European union and do not have representation on the European | :43:03. | :43:05. | |
Council representation in the European Parliament. It seems to me | :43:06. | :43:10. | |
the opposition is falling into the trap yet again of thinking you can | :43:11. | :43:16. | |
only trade with the EU if you have a special arrangement with them like | :43:17. | :43:20. | |
Norway or Switzerland. All the world's countries trade with the EU | :43:21. | :43:24. | |
and the badly drafted Lords Amendment invites comment on many of | :43:25. | :43:30. | |
countries who have no special deal at all. I don't see the example of | :43:31. | :43:36. | |
Norway is the only one out there, but it is a real live example which | :43:37. | :43:41. | |
I think is relevant to this debate and certainly some in the campaign | :43:42. | :43:47. | |
to leave have drawn attention to it as a model as others have drawn | :43:48. | :43:52. | |
attention to the model of Switzerland. It would be good to | :43:53. | :43:56. | |
understand from the League campaign what model they seek to support. | :43:57. | :44:02. | |
What I think is right is in advance of the referendum the Government | :44:03. | :44:06. | |
publishes as much information as possible so photos are clear about | :44:07. | :44:13. | |
what is involved. -- voters are clear about what is involved. The | :44:14. | :44:24. | |
honourable gentleman amendment did call on the Government's hallmark on | :44:25. | :44:30. | |
this. They have said they do not want to do this and there is an | :44:31. | :44:34. | |
appetite for more detailed information. But they say, we would | :44:35. | :44:39. | |
not have the details to do so or the required expertise to judge a report | :44:40. | :44:48. | |
to Parliament. I want to give him another chance to pluck his | :44:49. | :44:54. | |
pamphlet. Because an ex he makes the point of the various options | :44:55. | :44:59. | |
available to this country and in the context of the Government providing | :45:00. | :45:02. | |
information this is quite a difficult ask of any Government | :45:03. | :45:07. | |
because it is inevitably hypothesis. Nobody can know what the divorce | :45:08. | :45:11. | |
settlement would be an certainly the Government wouldn't know. An | :45:12. | :45:17. | |
essence, what these amendments are asking the Government to do is stick | :45:18. | :45:21. | |
a finger in the air and see which way the wind is blowing. It is | :45:22. | :45:27. | |
hardly call that information. I respect the honourable member views | :45:28. | :45:30. | |
on this matter but I disagree with him because the amendments are not | :45:31. | :45:34. | |
asking the Government to stick a finger in the air and speculate as | :45:35. | :45:40. | |
to what the arrangements for the UK exactly would be, having withdrawn. | :45:41. | :45:46. | |
What they are, and I can read the relevant section of amendment six. | :45:47. | :45:52. | |
It says, examples of countries that do not members of the European Union | :45:53. | :45:57. | |
but do have other arrangements with the European union. That is not | :45:58. | :46:00. | |
speculation, those examples are up there and we can study their | :46:01. | :46:05. | |
obligations subject to these arrangements and they had been there | :46:06. | :46:10. | |
for some time and negotiated specific deals with the European | :46:11. | :46:14. | |
Union. It is not speculation and it is out there for us all to see. In | :46:15. | :46:21. | |
conclusion, Mr Speaker, I am pleased the Government has, in effect, | :46:22. | :46:29. | |
accepted requests we made during the committee and the report stage in | :46:30. | :46:34. | |
this house of the Bell in accepting these broad amendments. It is | :46:35. | :46:40. | |
important voters are clear on the renegotiation, clear about what the | :46:41. | :46:45. | |
results of that renegotiation will be, clear about what being in the | :46:46. | :46:50. | |
European union is like and requires and also as clear as possible about | :46:51. | :46:56. | |
what being arts might look like. A referendum is a choice of two | :46:57. | :47:04. | |
futures. , it is not an opinion poll on one future. That is like these | :47:05. | :47:08. | |
amendments are important and it is right we have these kind of report | :47:09. | :47:13. | |
and have maximum information made available to the public on a crucial | :47:14. | :47:20. | |
choice for the country. I put my name to my honourable friend | :47:21. | :47:28. | |
amendment because I think the two Lords's amendments, five and six, | :47:29. | :47:32. | |
the debate because they are ill considered and unwise. If we take | :47:33. | :47:37. | |
Amendment five, that is easy to deal with. I have no problem with it | :47:38. | :47:42. | |
because it is stating the obvious. It says when negotiations are | :47:43. | :47:46. | |
completed the British Government needs to share those views with | :47:47. | :47:51. | |
Parliament and the people. Well, of course they well, that will happen | :47:52. | :47:57. | |
naturally. I think it's just an unnecessary addition to what was the | :47:58. | :48:03. | |
simple bill before the Lords got hold of it. The Lords amendment | :48:04. | :48:10. | |
number six is far more worrying as it is so poorly drafted and leads to | :48:11. | :48:16. | |
all sorts of arguments that are arguments for a referendum campaign | :48:17. | :48:20. | |
rather than due to legislation to set up the referendum. The first | :48:21. | :48:25. | |
part of this Lords amendment number six says the Government must set up | :48:26. | :48:30. | |
the rights and obligations that arise under European law from our | :48:31. | :48:34. | |
current membership. As has already been remarked, it would be a very | :48:35. | :48:39. | |
long book to do that properly as we now have so many legal restrictions | :48:40. | :48:47. | |
and obligations as a result of the treaty and thousands of directors. | :48:48. | :48:51. | |
To fully fulfil that we met the Government would have to sit out all | :48:52. | :48:55. | |
British people how there are now British people how there are now | :48:56. | :49:00. | |
very large areas of law and public practice at the MS House are not | :49:01. | :49:04. | |
free to determine as we see fit and as the people wish. That may be | :49:05. | :49:11. | |
useful thing to do but I fear the Government may fall short and not | :49:12. | :49:14. | |
wish to give a comprehensive list of other obligations. It is not good | :49:15. | :49:20. | |
law to invite people to do things they don't really intend to do. I | :49:21. | :49:25. | |
look forward to the Minister's clarification on if he will be | :49:26. | :49:29. | |
publishing a full list on the thousands of legal restraints on | :49:30. | :49:34. | |
this Parliament that restrict us doing the will of the British | :49:35. | :49:38. | |
people, and also on the British people as they have two of the these | :49:39. | :49:44. | |
laws. All of these laws, and our own laws, can be construed by European | :49:45. | :49:51. | |
justice to the European Court Of Justice, which is now the true | :49:52. | :49:57. | |
sovereign in this country, because we have submitted ourselves to the | :49:58. | :50:00. | |
ultimate judgment of the European Court. Wiki also agree that the | :50:01. | :50:10. | |
importance which I attach to the idea and the electoral commission | :50:11. | :50:14. | |
have also attached to the idea but either or both of these reports, in | :50:15. | :50:19. | |
fact both of them, should be produced on the basis of both | :50:20. | :50:25. | |
impartiality and accuracy. We remember the review of competencies | :50:26. | :50:28. | |
which was a whitewash and if it is anything like that we would be | :50:29. | :50:34. | |
misleading the public, but we are not. That is why I share my | :50:35. | :50:39. | |
honourable friend concerns about this amendment and I am worried the | :50:40. | :50:44. | |
Government might fall short of the Phil remit. Will the Government | :50:45. | :50:48. | |
spelt out to people we cannot control our own borders, energy, | :50:49. | :50:57. | |
market regulation, corporation tax, all these things have gone to the | :50:58. | :51:01. | |
superior power of the European union and this should be the very | :51:02. | :51:05. | |
substance of the debate in the referendum on if we wish to restore | :51:06. | :51:09. | |
the full sovereignty of Parliament for a British people or if we wish | :51:10. | :51:13. | |
to continue on if we wish to restore the full sovereignty of Parliament | :51:14. | :51:16. | |
for a British people or if we wish to continue which would mean even | :51:17. | :51:20. | |
more powers are taken away. The second part of the Lords amendment | :51:21. | :51:27. | |
six goes on to say the Government has set up examples of countries | :51:28. | :51:32. | |
that do not have membership of the EU but do have other arrangements | :51:33. | :51:38. | |
with them. Describing in the case of each country given, as an example, | :51:39. | :51:43. | |
those arrangements. I have never heard anything so woolly for a long | :51:44. | :51:48. | |
time. All countries not in the European union have some kind of | :51:49. | :51:52. | |
arrangement with them, it does not even say a long time. All countries | :51:53. | :51:55. | |
not in the European union have some kind of arrangement with them, it | :51:56. | :52:07. | |
does not even say it straight able to trade with the rest of the | :52:08. | :52:09. | |
European union everybody submitted ourselves to some of the powers that | :52:10. | :52:12. | |
didn't suit the Mac through an arrangement similar to Norway and | :52:13. | :52:15. | |
Switzerland. America is a mighty trading partner of the EU which does | :52:16. | :52:19. | |
not have one of these arrangements and certainly does not pay a | :52:20. | :52:23. | |
contribution to the European union in order to sell and goods. Not as | :52:24. | :52:29. | |
India, China, Canada, Australia. Some individual countries have free | :52:30. | :52:34. | |
trade agreements with the EU which is arguably better than our | :52:35. | :52:39. | |
agreement, because they don't have to pay anything like the large | :52:40. | :52:42. | |
contributions and levies that we have to pay when trading within the | :52:43. | :52:48. | |
internal market. My friend makes a very powerful point. In which case | :52:49. | :52:54. | |
the debate will be about what arrangements to find out and this | :52:55. | :52:57. | |
report and could potentially be open to challenge based on what might | :52:58. | :53:01. | |
right honourable friend is saying. That is why I am worried for the | :53:02. | :53:05. | |
Government because I do not wish to see them get into legal trouble over | :53:06. | :53:12. | |
sloppy drafting. Those of us who have decided we wish to leave the | :53:13. | :53:17. | |
European Union have been invited to predict what the Leave campaign was | :53:18. | :53:21. | |
eight when it is up and running efficiently. We will not be wanting | :53:22. | :53:27. | |
to recommend either the Norwegian Swiss model. The UK is a far bigger | :53:28. | :53:32. | |
country with a different set of relationships around the world and | :53:33. | :53:36. | |
will have seen your relationships with the world's main bodies, so | :53:37. | :53:41. | |
there will be a British solution to our relationship with the EU which | :53:42. | :53:45. | |
would not include paying any contribution to that union in the | :53:46. | :53:51. | |
way we currently have two. He has given a lot of examples of | :53:52. | :53:58. | |
countries. Could he perhaps give an indication of countries he would | :53:59. | :54:02. | |
like to move toward being like and that may help the Government to | :54:03. | :54:06. | |
decide which countries we should be compared to when it goes to publish | :54:07. | :54:11. | |
its report. Who does he think we should be like? I have already done | :54:12. | :54:15. | |
that and if the honourable gentleman studies the text he will see I have | :54:16. | :54:20. | |
answered exactly that point with great clarity. There will be a | :54:21. | :54:25. | |
British answer but it will be closer to the answer of those countries | :54:26. | :54:28. | |
that trade very successfully with the EU without needing to pay money | :54:29. | :54:34. | |
into the EU by way of special contributions and without having to | :54:35. | :54:38. | |
accept great legal positions on them. Anybody trading with the EU | :54:39. | :54:42. | |
has to meet their standards for the goods and services they wish to | :54:43. | :54:48. | |
buy, just as when we trade with United states of America we have to | :54:49. | :54:51. | |
accept their standards for the dudes we wish to sell to them. It does not | :54:52. | :54:57. | |
mean you have to enter into a common Government arrangements paid special | :54:58. | :55:02. | |
taxes. Most of the world trade is peppered with successfully with the | :55:03. | :55:06. | |
EU countries without having to do any such thing. I hope the Minister | :55:07. | :55:13. | |
will understand that those of us on the Leave side will read the words | :55:14. | :55:19. | |
the Lords have actually written, rather than the words the opposition | :55:20. | :55:24. | |
would like interpreting and it would be very foolish to set out the | :55:25. | :55:30. | |
Norwegian example, because it is not an example anyone might not wish is | :55:31. | :55:35. | |
to copy, and not to example the examples of larger and Commonwealth | :55:36. | :55:38. | |
countries that have trading arrangements. It would be wrong for | :55:39. | :55:42. | |
the Government to confine itself in answering this question to the issue | :55:43. | :55:46. | |
of trade, because trade is nowhere mentioned in the draft law before | :55:47. | :55:51. | |
us. We do need to look at the political arrangements we have with | :55:52. | :55:56. | |
EU countries and through needle and so forth. Things like pipeline | :55:57. | :56:01. | |
agreements, aviation agreements and all those other things. My final | :56:02. | :56:11. | |
worry with this clause is it a cemetery. And the opposition has | :56:12. | :56:18. | |
shown us how they wish it to be asymmetric. They wish the Leeds side | :56:19. | :56:24. | |
to hypothesise about what our relationship with the EU will look | :56:25. | :56:28. | |
like in two or three years' time whereas they don't think it is | :56:29. | :56:34. | |
incumbent on the inside to similarly hypothesise. I would not mind | :56:35. | :56:38. | |
betting there would be more change if we stay in because if we do vote | :56:39. | :56:43. | |
to stay in they would take it as an excuse to demand the UK conforms to | :56:44. | :56:48. | |
more parts of the union than we are currently prepared to do so and we | :56:49. | :56:52. | |
know from the President's report published this summer but as soon as | :56:53. | :56:59. | |
our referendum is out of the way they wish to press on with their | :57:00. | :57:04. | |
move to capital markets union, a full banking union and to political | :57:05. | :57:10. | |
union. We on the Leave side will ask both on the opposition who want to | :57:11. | :57:15. | |
stay in to describe to us how Britain would relate to the | :57:16. | :57:19. | |
political union and to the very much stronger union generally which the | :57:20. | :57:26. | |
euro members envisage. Be in no doubt, the euro members wish to use | :57:27. | :57:30. | |
the institutions of the European union as a whole body on purposes | :57:31. | :57:35. | |
and it would be difficult for Britain to be alongside but only | :57:36. | :57:38. | |
half in in the EU but not in the euro. I would like to see a | :57:39. | :57:43. | |
symmetrical request and it would be important to spell out what staying | :57:44. | :57:51. | |
in looks like, as I believe staying in is away to more political union. | :57:52. | :57:57. | |
That may not be to the Minister's liking, but I can assure him it will | :57:58. | :58:00. | |
be a very important Thank you. I welcome the fact that | :58:01. | :58:16. | |
the honourable member has replied to at least one of his amendments. It | :58:17. | :58:20. | |
seems to me that there is a need and will be a need for information about | :58:21. | :58:26. | |
the likely consequences of an in vote and the likely consequences of | :58:27. | :58:31. | |
an out vote. I don't think that should be left entirely to | :58:32. | :58:34. | |
individual campaigns because we already have arguments about who | :58:35. | :58:38. | |
runs campaigns and how they will be funded. By definition, they will | :58:39. | :58:42. | |
tell at best one half of the story. I think it is in order that the UK | :58:43. | :58:50. | |
Government publishes appropriate information outfit that the | :58:51. | :58:56. | |
background to the referendum. It was indicated one month ago that EU | :58:57. | :58:59. | |
members are the worst at defining what the EU actually means. That is | :59:00. | :59:04. | |
something we can't allow to continue. We can't allow the | :59:05. | :59:09. | |
referendum to come upon us with a significant number of our citizens | :59:10. | :59:12. | |
not really understanding what the vote means. Not because they can't | :59:13. | :59:18. | |
predict what the vote mean -- what the future might be if we leave or | :59:19. | :59:22. | |
stay in, but because they don't say what the present is. Too many people | :59:23. | :59:26. | |
don't understand what the EE does for good or for bad. That is | :59:27. | :59:32. | |
something that if we simply leave it, people were and are confused. -- | :59:33. | :59:37. | |
what the EU does. Incidentally, one reason why this might be one of the | :59:38. | :59:43. | |
times to extend the franchise. 16-year-old and 17-year-olds' | :59:44. | :59:52. | |
understanding may not be at the same stage as adults. But that it has | :59:53. | :59:58. | |
been and gone. I find it surprising and ironic that we see so many | :59:59. | :00:01. | |
contributions from the conservative side of the House, as we did -- who | :00:02. | :00:08. | |
are very concerned about the idea that a government during a | :00:09. | :00:12. | |
referendum campaign might publish information that was a little | :00:13. | :00:16. | |
one-sided. Based members in here have not received for a number of | :00:17. | :00:22. | |
us. Others received shortly before the referendum last year which was a | :00:23. | :00:30. | |
glossy leaflet published by Her Majesty 's government. The UK | :00:31. | :00:35. | |
Government is in advertising and for a post-individual all. -- as long as | :00:36. | :00:45. | |
that kind of stuff goes on, we don't need to take any lessons from | :00:46. | :00:49. | |
anybody on any side of the House about the dangers of letting the | :00:50. | :00:56. | |
Government get involved --... 20 forgiving way. The committee I | :00:57. | :01:02. | |
chaired previously conducted an enquiry into civil service | :01:03. | :01:04. | |
impartiality and referendums in respect of the Scottish referendum. | :01:05. | :01:09. | |
It is one thing if there is a government in Edinburgh on one side | :01:10. | :01:13. | |
of the argument and a government in London on the other side each | :01:14. | :01:18. | |
publishing arguments for and against a particular proposition. But where | :01:19. | :01:22. | |
is the balance going to be in this referendum? Given that there is only | :01:23. | :01:28. | |
one United Kingdom government. It is perfectly in order for the UK | :01:29. | :01:31. | |
Government to take an impartial stance once we get closer to the | :01:32. | :01:36. | |
referendum. We don't know what stands there going to be taking | :01:37. | :01:43. | |
yet. There is a question as to whether it was appropriate for | :01:44. | :01:45. | |
somebody else's government to interfere in a referendum that I | :01:46. | :01:49. | |
know that's not an argument we will win just now. I can say that that | :01:50. | :01:53. | |
kind of interference probably contributed to the fact that on most | :01:54. | :01:57. | |
days, these benches are significantly more crowded. The | :01:58. | :02:01. | |
point I am making is that if the Government doesn't produce | :02:02. | :02:05. | |
information as opposed to campaigning opinion about how the | :02:06. | :02:11. | |
European Union works now, and we think will produce it? If are happy | :02:12. | :02:16. | |
for two opposing camps to produce the information, go ahead and do | :02:17. | :02:20. | |
that. We know before we start but all that will happen is that people | :02:21. | :02:30. | |
will be inspired by politicians or TV personalities associated with | :02:31. | :02:35. | |
them, rather than being presented with a factually researched document | :02:36. | :02:38. | |
which set things out. I will give way. | :02:39. | :02:46. | |
Could I simply say that actually, we know that broadcasts and the | :02:47. | :02:50. | |
information which will be delivered and published by the designated | :02:51. | :02:53. | |
organisations on either side will provide that information. We have | :02:54. | :02:59. | |
many other examples in other referendums in the European Union. | :03:00. | :03:03. | |
Actually, the idea that the Government itself is not going to | :03:04. | :03:09. | |
try to organise the view is that it does want, which is to stay in the | :03:10. | :03:13. | |
so-called reformed union, is I think for the birds. | :03:14. | :03:20. | |
Thank you for your intervention. Firstly, I wish I could show you | :03:21. | :03:25. | |
absolute faith in the impartiality of broadcasters but that might be | :03:26. | :03:28. | |
one of the small number of issues on which I disagree with the member. I | :03:29. | :03:37. | |
do need to make some progress. The point about broadcasters is that if | :03:38. | :03:40. | |
broadcasters are found to be in breach of the requirement for | :03:41. | :03:45. | |
impartiality, there is a sanction available and ways they can be held | :03:46. | :03:49. | |
to account. Certainly the BBC feel as if they are being very held to | :03:50. | :03:53. | |
account by any number of committees in this place just now. | :03:54. | :04:01. | |
I wasn't referring to the impartiality broadcasters in this | :04:02. | :04:04. | |
context, I was referring to the fact that under the designated | :04:05. | :04:08. | |
arrangements, each side will have the right to issue broadcasts and to | :04:09. | :04:12. | |
provide information by way of literature. That's what I was | :04:13. | :04:16. | |
concentrating on. I misunderstood the comments. My | :04:17. | :04:24. | |
essential point is that I don't think it's enough to leave it to | :04:25. | :04:32. | |
campaign groups to persuade. The point is to persuade them for the | :04:33. | :04:40. | |
points they are making. They will choose not to provide information | :04:41. | :04:44. | |
that doesn't support the point. That is what we all did in order to get | :04:45. | :04:48. | |
elected. As long as it doesn't involve deliberately trying to | :04:49. | :04:51. | |
mislead people, that is part of the democratic process. It's part of | :04:52. | :04:57. | |
politics. It is up to the electorate to judge whose arguments they will | :04:58. | :05:01. | |
believe. But if they are starting from a position of significant | :05:02. | :05:05. | |
entrance, misconception or misunderstanding of what the | :05:06. | :05:10. | |
European Union is about,... I will give Roy... 20 forgiving way. | :05:11. | :05:18. | |
He has been very -- thank you for giving way. There is another issue | :05:19. | :05:23. | |
when we talk about broadcasting. That is how it is funded. Whether | :05:24. | :05:27. | |
there will be a balance of funding or not. That has been a big issue in | :05:28. | :05:32. | |
the past with referendums. I'm talking about the one in 1975. | :05:33. | :05:38. | |
My own personal views about how political campaigns and parties are | :05:39. | :05:41. | |
funded probably would not get a huge amount of support in here. The | :05:42. | :05:48. | |
honourable member does make a valid point. It is important that nobody | :05:49. | :05:52. | |
has got the opportunity to buy a referendum any more than anybody | :05:53. | :05:56. | |
should be given the right to buy electoral success. I would not want | :05:57. | :06:02. | |
to see us going the way of America, needing buildings behind you before | :06:03. | :06:06. | |
you can even stand for election. That doesn't address the fundamental | :06:07. | :06:10. | |
problem that however well funded or badly individual campaigns are, if | :06:11. | :06:15. | |
you're starting off in a position where we have the least | :06:16. | :06:17. | |
well-informed electorate in the whole of Europe about such an issue, | :06:18. | :06:22. | |
the Modi has two provide that information in order to bring people | :06:23. | :06:27. | |
up to a bit of understanding. -- somebody has to provide. It's | :06:28. | :06:31. | |
doesn't mean what it keeps getting presented as even from the Prime | :06:32. | :06:35. | |
Minister. People need to understand what aspects of immigration to the | :06:36. | :06:41. | |
European Union is involved in and what they are not. The same for | :06:42. | :06:49. | |
refugees and the United Nations. These are massively important issues | :06:50. | :06:55. | |
and a lots of this debate in this chamber over the last few months has | :06:56. | :06:58. | |
not always helped to increase public understanding and appreciation of | :06:59. | :07:02. | |
what it is the European Union does and doesn't do. If there are | :07:03. | :07:07. | |
concerns that the Government may not be impartial or maybe overly | :07:08. | :07:10. | |
enthusiastic on one side or the other, I am quite happy for the | :07:11. | :07:14. | |
electoral commission to publish guidance and require the Government | :07:15. | :07:17. | |
and everyone else to comply with that guidance. I don't think it is | :07:18. | :07:22. | |
appropriate to ask the electoral commission to scrutinise the veto or | :07:23. | :07:27. | |
censor documents. That would not be appropriate. It would be appropriate | :07:28. | :07:32. | |
for the electoral commission to issue guidance on the conduct, | :07:33. | :07:37. | |
including the con of information and should be funded and published by | :07:38. | :07:42. | |
the Government. I find myself in the strings position of telling | :07:43. | :07:44. | |
government backbenchers that they are wrong because the amendment | :07:45. | :07:50. | |
seems to be allowing us to test Her Majesty's government. I'm not the | :07:51. | :07:53. | |
biggest fan of the Government in this house. I'm not the biggest | :07:54. | :07:58. | |
believer that we can trust them. But in this case, quite frankly, if the | :07:59. | :08:02. | |
Government can't be trusted to present a fair case to the public | :08:03. | :08:07. | |
than we are in trouble because the media certainly won't do it. The | :08:08. | :08:11. | |
print media will not do it. Political campaigns won't do it | :08:12. | :08:15. | |
because it is not their job to be impartial, it is their job to be | :08:16. | :08:21. | |
partial. To be partisan as to the issues that we are campaigning | :08:22. | :08:27. | |
about. I would welcome the fact that the honourable member is redrawing | :08:28. | :08:35. | |
-- withdrawing his Amendment. In this case, I think there is a need | :08:36. | :08:42. | |
for reliable information to be put into public domain. Let's not forget | :08:43. | :08:46. | |
a few hours from here we have one of the most highly regarded research | :08:47. | :08:50. | |
facilities anywhere in the world. Regarded not only for the quality of | :08:51. | :08:54. | |
the research, but the speed in which it is done and the impartiality. If | :08:55. | :08:58. | |
we can't rely on research facilities within this house to provide | :08:59. | :09:02. | |
reliable, documented information, who do we rely on? | :09:03. | :09:09. | |
The fact remains, in response to the honourable gentleman, whether he | :09:10. | :09:18. | |
thinks it's just an irony or an accident or something more sinister, | :09:19. | :09:22. | |
it is people who are in favour of Britain remaining in the European | :09:23. | :09:26. | |
Union that tends to be championing Lords Amendment number six. And | :09:27. | :09:31. | |
those who are supporting the leave campaign regarded as a Trojan horse | :09:32. | :09:34. | |
for a lot of subjective judgments to be made which are in favour of one | :09:35. | :09:40. | |
side and not the other. Mr Speaker, I referred a few moments ago to the | :09:41. | :09:44. | |
report produced from the public administration committee at the end | :09:45. | :09:56. | |
of the last Parliament. The reason we produce that report was to look | :09:57. | :10:01. | |
at this question of impartiality, because there is a rather modern and | :10:02. | :10:06. | |
corrosive view that impartiality means that as a civil servant, you | :10:07. | :10:10. | |
are prepared to work for which of the party happens to be in office | :10:11. | :10:13. | |
and therefore you are impartial. In the conduct of your work for which | :10:14. | :10:19. | |
other party is in office, you can be as partial and loaded in your | :10:20. | :10:24. | |
conduct under the Armstrong the doctrine that you have to be there | :10:25. | :10:27. | |
to support the Government of the day. Actually, I think most people | :10:28. | :10:32. | |
in this country regard the word impartiality as a quality that is | :10:33. | :10:40. | |
rather more imprecise. It has a higher moral tone to add. That | :10:41. | :10:46. | |
impartiality has something to do with objectivity, and partiality has | :10:47. | :10:53. | |
been to do with balance and not being compromised as a mere | :10:54. | :11:00. | |
cheerleader of one point of view or another. In addressing the | :11:01. | :11:10. | |
amendments that my name is on, put down by my honourable friend, in | :11:11. | :11:20. | |
respect of Lords Amendment five and six, I would say this. That I do not | :11:21. | :11:32. | |
regard the proposed duty to publish information on the outcome of | :11:33. | :11:37. | |
negotiations to be at all unreasonable. And in fact it would | :11:38. | :11:41. | |
be rather odd if the Government were not to make such a publication. The | :11:42. | :11:45. | |
advantage of having this obligation on the face of the bill, first of | :11:46. | :11:51. | |
all means the Government has to publish it ten weeks before the | :11:52. | :11:57. | |
referendum date. That means it will be properly scrutinised, not bounced | :11:58. | :12:02. | |
on the electorate at the last minute. And it is perfectly | :12:03. | :12:07. | |
reasonable in response to my honourable friend for Ashford is | :12:08. | :12:09. | |
that the Government should express its own opinion in this document | :12:10. | :12:13. | |
about its own negotiations, as it would in any white paper. | :12:14. | :12:22. | |
The second duty to publish information. Bear in mind the White | :12:23. | :12:34. | |
Paper only went through rice exports the less house actually contained a | :12:35. | :12:40. | |
very specific precise promise of a veto on our national interest would | :12:41. | :12:44. | |
never be abandoned and if that were it would endanger the very fabric of | :12:45. | :12:49. | |
the European Community itself. That is some example of how unreliable | :12:50. | :12:53. | |
white papers and Government reports may be. Indeed, but it would be | :12:54. | :13:00. | |
interesting, it is unavoidable the Government will produce information | :13:01. | :13:06. | |
of that kind. The second duty is not something I expected to appear on | :13:07. | :13:11. | |
the face of the bill. It is asking the Government to produce judgments | :13:12. | :13:20. | |
and opinions about such a vast topic using examples which, by their very | :13:21. | :13:24. | |
nature will be subjective, as we have already heard. I am not at all | :13:25. | :13:28. | |
surprised that the electoral commission has decided this is far | :13:29. | :13:36. | |
beyond its competence, to make a judgment about what such a document | :13:37. | :13:41. | |
might be. If the Government, which has accepted this amendment, is now | :13:42. | :13:49. | |
going to justify retaining it, as I expect, I really think they must ask | :13:50. | :13:53. | |
some questions about it. The first of these is what does the Government | :13:54. | :14:00. | |
mean in this amendment by publish? It would be one thing to place in | :14:01. | :14:06. | |
the library House of Commons a paper which is Leonard and technical and | :14:07. | :14:15. | |
details and going to present in-depth analysis and information | :14:16. | :14:19. | |
that the honourable member for Glenrothes thinks would be | :14:20. | :14:24. | |
justified. Does it mean the Government is going to produce such | :14:25. | :14:30. | |
a subjective set of information in a form which is going to be circulated | :14:31. | :14:34. | |
to every household? How would we feel about that ten weeks before a | :14:35. | :14:40. | |
referendum? I think it is a reasonable for the Government to | :14:41. | :14:45. | |
explain the outcome of the negotiations, but not reasonable for | :14:46. | :14:49. | |
them then to use public money to present its whole world view about | :14:50. | :14:55. | |
European Union membership has what will be part of a campaign to remain | :14:56. | :15:04. | |
in the EU. I give way. Does my honourable friend frilly set in his | :15:05. | :15:10. | |
mind by what it means a Government response? Is a collective | :15:11. | :15:15. | |
responsibility or if there are dissenting members of the Government | :15:16. | :15:19. | |
what happened in that situation? It is a good question but in the event | :15:20. | :15:25. | |
there is permission to, as we all expect, there will be before long | :15:26. | :15:35. | |
and agreement amongst ministers that some will not be towing the | :15:36. | :15:39. | |
Government line on this question. The reason you have a referendum is | :15:40. | :15:44. | |
because its lights parties and you can't have a general election about | :15:45. | :15:47. | |
something that's both parties across the house. You can decide on an | :15:48. | :15:53. | |
issue and it would be absurd to have a referendum and try and force | :15:54. | :15:57. | |
ministers to one point of view. The president in 1975 was exactly that | :15:58. | :16:01. | |
and collective responsibility was abandoned. Yet that does not mean | :16:02. | :16:10. | |
there is not a Government view. Assuming that aren't such a vast | :16:11. | :16:17. | |
number of ministers, the majority, leaving the Government view to | :16:18. | :16:22. | |
isolated to be credible. I certainly give way. Would he not agree with me | :16:23. | :16:34. | |
at the country at large still has, whether we think they are right to | :16:35. | :16:40. | |
or not, still has thrust in the Government, in inverted commas, and | :16:41. | :16:44. | |
therefore our electorate would find it very strange that during a | :16:45. | :16:48. | |
referendum campaign if people could not point to what the Government | :16:49. | :16:52. | |
view was because the Government of the day would continue after the | :16:53. | :16:57. | |
referendum. People will want to not what the Government, collective or | :16:58. | :17:01. | |
otherwise, think about the issue. I have already said that the first | :17:02. | :17:07. | |
publication is preferably justified, in my view. The Government is | :17:08. | :17:12. | |
entitled to explain what it has negotiations and give its opinion on | :17:13. | :17:16. | |
what is negotiation, but if you would like to explain how the | :17:17. | :17:20. | |
Government is called to give information about rights and | :17:21. | :17:23. | |
obligations that arise under European law as a result of our | :17:24. | :17:27. | |
membership of the EU in a concise and simple fashion that is not | :17:28. | :17:34. | |
loaded, perhaps you could tell us, which countries should be used as | :17:35. | :17:39. | |
examples of countries that do not have European union membership to | :17:40. | :17:42. | |
explain the consequences of leaving? It is a very subjective | :17:43. | :17:46. | |
judgment. That is what the debate will be about and he is absolutely | :17:47. | :17:53. | |
right. Yes, people do trust what the Government says, which is exactly | :17:54. | :17:57. | |
why what the Government says should be curtailed and limited, because it | :17:58. | :18:02. | |
has a disproportionate effect on voters. That is no doubt about that. | :18:03. | :18:07. | |
If the leader of the party says something that is less than if the | :18:08. | :18:11. | |
Prime Minister is seeing something and that is why we have the purdah | :18:12. | :18:16. | |
period and the house and forced the Government to accept there will be a | :18:17. | :18:20. | |
proper purdah beaded because if we had what we had in 1975 with the | :18:21. | :18:25. | |
Government carries on regardless being the Government and expressing | :18:26. | :18:29. | |
partisan views on one side of the argument, that create an unfair | :18:30. | :18:35. | |
referendum. That is why all systems of referendum throughout the world | :18:36. | :18:39. | |
have systems to try and contain what Government do during the last phases | :18:40. | :18:43. | |
of a referendum to try and create fairness. I wonder if we have seen | :18:44. | :18:48. | |
the poster I have seen produced by the pro-EU group which call what the | :18:49. | :18:53. | |
governor of the bank of England under the headline, think the UK | :18:54. | :18:59. | |
economy is stronger in Europe. They also co-opted the president of the | :19:00. | :19:03. | |
United States and the President of India. Does he share my concern it | :19:04. | :19:09. | |
appears the campaign is willing to court public officials who ought not | :19:10. | :19:13. | |
to be dragged on to one side of such a campaign? Be mindful if that is | :19:14. | :19:19. | |
taking us beyond the scope of this discussion. It does remind me of one | :19:20. | :19:25. | |
thing, that one of the controversial elements of the Scottish referendum | :19:26. | :19:30. | |
and the Government conduct within that, for which I have some | :19:31. | :19:35. | |
sympathy, was the use of the permanent Secretary to give a speech | :19:36. | :19:39. | |
on behalf of the Government view purporting to be the publication of | :19:40. | :19:43. | |
advice to ministers, which should never be published, in my view, and | :19:44. | :19:52. | |
any orthodox analysis, the opinions of civil servants in the form of | :19:53. | :19:58. | |
advice to ministers should never be published. This was used as part of | :19:59. | :20:09. | |
the propaganda and many on the honourable gentleman for Glenrothes | :20:10. | :20:13. | |
benches would regard this as a gross misuse of the civil service during a | :20:14. | :20:16. | |
referendum period and we should try and avoid this. I believe these two | :20:17. | :20:21. | |
questions for my right honourable friend as he responds to this debate | :20:22. | :20:27. | |
on these two new Lords amendments. What is published actually mean? | :20:28. | :20:32. | |
What does the Government actually intend to do in the way of | :20:33. | :20:35. | |
publication of these reports? Our update to be just white papers or | :20:36. | :20:41. | |
are they to be propaganda, circulated by the Government, much | :20:42. | :20:46. | |
more widely? And how is he going to ensure that this is done in the | :20:47. | :20:56. | |
highest spirit of impartiality, not as, to use the word in the way most | :20:57. | :21:02. | |
people would expect the word to be used, how is he going to ensure | :21:03. | :21:06. | |
these publications are genuinely objective and not just a means of | :21:07. | :21:14. | |
advancing one side of the argument against the other? Briefly, Mr | :21:15. | :21:22. | |
Speaker, I want to turn to the other amendments in the name of my | :21:23. | :21:27. | |
honourable friend, the member for Stoke,. I certainly give way. Does | :21:28. | :21:38. | |
he not then accept the governor of the Bank of England, for example, | :21:39. | :21:43. | |
giving advice on monetary policy committee on interest rate is in a | :21:44. | :21:47. | |
very definite position from other public officials because his advice | :21:48. | :21:51. | |
is often very public and it is perfectly clear if he has advised on | :21:52. | :21:56. | |
this it should be a matter of public interest? I think the governor of | :21:57. | :22:01. | |
the bank of England is any different case, he is not a civil servant and | :22:02. | :22:06. | |
bound by the civil service codes and he is not giving advice to ministers | :22:07. | :22:11. | |
as a private civil servants. He gives his advice very publicly. | :22:12. | :22:16. | |
While I was prompted by the example, I think it is reasonable for the | :22:17. | :22:20. | |
Governor of the Bank of England, judiciously, soberly, carefully, to | :22:21. | :22:27. | |
prop up his advice. His advice on the currency question in the | :22:28. | :22:30. | |
Scottish referendum was very germane. I don't think it was | :22:31. | :22:34. | |
necessary for the permanent Secretary of the Treasury to give a | :22:35. | :22:38. | |
similar advice. On the question of the speech the present governor made | :22:39. | :22:43. | |
in respect of the European Union, what was remarkable about that | :22:44. | :22:48. | |
speech was how little he was prepared to say that supported the | :22:49. | :22:52. | |
Government's view. He did not put himself out on a limb, it was an | :22:53. | :22:57. | |
incredibly damp squib of a speech as far as the Remain campaign was | :22:58. | :23:03. | |
concerned. He was very careful about what he said, and that may be | :23:04. | :23:07. | |
because he sees business is divided on if we should remain in, the | :23:08. | :23:13. | |
country is divided also and the arguments are much more finely | :23:14. | :23:16. | |
divided than on the currency question in the Scottish referendum. | :23:17. | :23:23. | |
I now wish to turn to the Lords amendment number 13. This refers to | :23:24. | :23:36. | |
another rather startling change that was made in the other place, which | :23:37. | :23:45. | |
is about the designation of organisations to campaign for or | :23:46. | :23:49. | |
against the particular proposition. I should declare an interest in | :23:50. | :23:55. | |
this, but I am company vote to leave, which will be applying for | :23:56. | :24:04. | |
designation. This added a clause that suggests it is perfectly OK for | :24:05. | :24:08. | |
the electoral commission to designate one campaign, support one | :24:09. | :24:16. | |
proposition, but not another campaign to support the opposite | :24:17. | :24:19. | |
proposition. The reason this has been put into the bill is | :24:20. | :24:24. | |
understandable. In the 2011 referendum in Wales, there was no | :24:25. | :24:29. | |
application for indoor campaign and therefore it was impossible for the | :24:30. | :24:36. | |
electoral commission to designate a campaign in favour of yes, even | :24:37. | :24:40. | |
though there was a very respectable Yes campaign. It was suspected there | :24:41. | :24:47. | |
was an element of sabotage by the And no campaign because they wanted | :24:48. | :24:54. | |
to prevent the Yes campaign from getting this because the campaign | :24:55. | :24:59. | |
was going to be very weak whether it was designated or not. The result of | :25:00. | :25:04. | |
this amendment, which was included in the Scottish legislation passed | :25:05. | :25:07. | |
by the Scottish Parliament in order to prevent the same thing it does | :25:08. | :25:13. | |
offer the possibility that the commission, and I quote, May, | :25:14. | :25:20. | |
unquote, made designate one campaign and not the other. Any restraining | :25:21. | :25:30. | |
factors. I do not think we should question the electoral commission | :25:31. | :25:33. | |
they would ever do such a thing, but this is what this amendment actually | :25:34. | :25:41. | |
contemplates. There would of course be fought and this campaign fought | :25:42. | :25:47. | |
for their only to be one designated campaign. It would be intolerable if | :25:48. | :25:51. | |
parliament let this go on to be one designated campaign. It would be | :25:52. | :25:53. | |
intolerable if Parliament let this go onto it would invalidate the | :25:54. | :25:59. | |
result and destroy the purpose of having a referendum and mean the | :26:00. | :26:02. | |
issue was not settled in a fair manner at all. We have framed an | :26:03. | :26:09. | |
amendment to this new clause, which I hope will at least draw the | :26:10. | :26:15. | |
minister out to explain how this might actually work. I give way. | :26:16. | :26:22. | |
I'm enjoying listening to the observations. Would you agree that | :26:23. | :26:29. | |
if such a bizarre decision was to be taken to, they would be open to | :26:30. | :26:40. | |
judicial review on this point? That is what I am waiting to hear | :26:41. | :26:44. | |
what the minister says. The proposed amendment, it changes the proposed | :26:45. | :26:52. | |
wording and reads that they should only be allowed to do this if no | :26:53. | :26:56. | |
permitted participant makes an application to be designated under | :26:57. | :27:04. | |
section 109, except for a permitted participant whose application states | :27:05. | :27:08. | |
that it is vexatious or frivolous. That would mean that if there | :27:09. | :27:14. | |
was... Provided there were legitimate applications, the | :27:15. | :27:18. | |
obligation would be clear on the face of the bill but they have to | :27:19. | :27:23. | |
designate two campaigns. That is not clear in the bill at the moment. If | :27:24. | :27:28. | |
one such campaign was frivolous or vexatious... Just there to try and | :27:29. | :27:36. | |
spoil in some respects, than the electoral commission would have to | :27:37. | :27:40. | |
justify that. What I hope the Minister would tell us is that he | :27:41. | :27:44. | |
can accept this amendment. If he can't accept this amendment, I hope | :27:45. | :27:48. | |
you will make clear that the substance of the amendment should be | :27:49. | :27:56. | |
understood in any case that it would be unconscionable to have only one | :27:57. | :28:01. | |
campaign designated in this referendum unless an application is | :28:02. | :28:10. | |
made in such a way as to be vexatious or frivolous, or could be | :28:11. | :28:15. | |
construed as those, then such an application would have to be | :28:16. | :28:19. | |
considered because, have no doubt, there will be an application as I | :28:20. | :28:24. | |
mentioned earlier. There will be an application in respect of both | :28:25. | :28:27. | |
sides. I give way. I endorse what my honourable friend | :28:28. | :28:32. | |
has just said. And also, just to repeat for the sake of clarity, but | :28:33. | :28:37. | |
actually these amendments have come to us on the ping-pong between | :28:38. | :28:42. | |
Commons and Lords. That is not the best place for any of these | :28:43. | :28:44. | |
amendments to be considered because we haven't had a chance to have a | :28:45. | :28:50. | |
good look at this in enough time. That therefore is a consideration | :28:51. | :28:53. | |
which I hope the Minister will take into account when he gives us the | :28:54. | :28:57. | |
full information we are asking for in all the amendments, five, six and | :28:58. | :29:02. | |
13. I'm grateful. In closing I would | :29:03. | :29:07. | |
simply add that all of these three amendments we have been discussing | :29:08. | :29:13. | |
the potential role of the electoral commission. In respect of five and | :29:14. | :29:16. | |
six, the electoral commission has actually shrunk from the possibility | :29:17. | :29:22. | |
of being given an obligation that its not fit for. It is worth | :29:23. | :29:25. | |
reminding ourselves that we have already developed that they will | :29:26. | :29:31. | |
already give that advice about possible new regulations. They did | :29:32. | :29:44. | |
not want that obligation but we gave it to them. In other countries, | :29:45. | :29:47. | |
electoral commissions such as in Ireland or Denmark have a very much | :29:48. | :29:53. | |
more active policing role in respect of fair referendum is. One which, in | :29:54. | :29:59. | |
this country, we have not really set up the electoral commission to | :30:00. | :30:02. | |
undertake. In response to my honourable | :30:03. | :30:07. | |
friend, though the cases of amendment five and six, we need to | :30:08. | :30:14. | |
bear in mind that this is a duty imposed. That duty implies and | :30:15. | :30:20. | |
carries with it the potential for a judicial review. If there was any | :30:21. | :30:24. | |
failure in carrying out that duty in the manner in which it would be | :30:25. | :30:29. | |
expected that it should be done under all the precepts of | :30:30. | :30:31. | |
administrative law, I think the Minister will accept that there is | :30:32. | :30:36. | |
more than a high probability that there would be a challenge in the | :30:37. | :30:40. | |
courts as to the manner in which any of these reports or any other | :30:41. | :30:45. | |
matters arose, or any misleading nature of any of the information | :30:46. | :30:48. | |
which was produced. I agree with that and I would also | :30:49. | :30:54. | |
add the other point that I was going to make. Where the electoral | :30:55. | :30:58. | |
commission has a duty, they can be judicially reviewed. In respect of | :30:59. | :31:06. | |
the designation of only one campaign, I have absolutely no doubt | :31:07. | :31:10. | |
there would be instantly a judicial review. I speak with knowledge and | :31:11. | :31:17. | |
forethought. The other point I want to make is that in the absence of | :31:18. | :31:23. | |
the duties and functions on the electoral committee, for example to | :31:24. | :31:26. | |
provide for impartial and objective information from the Government, it | :31:27. | :31:30. | |
is a moral imperative on ministers to make sure they undertake their | :31:31. | :31:37. | |
obligations in the spirit of a fair referendum, and not to abuse the | :31:38. | :31:42. | |
trust that this legislation puts in there with regard to the public | :31:43. | :31:50. | |
creation of that information. Thank you for calling me to speak in | :31:51. | :31:55. | |
this debate. It was on the 9th of June that I had the opportunity to | :31:56. | :32:00. | |
begin my parliamentary career with my maiden speech on this very bill | :32:01. | :32:03. | |
and therefore I am incredibly grateful for the opportunity to | :32:04. | :32:08. | |
speak the grain as the Bill makes its way through this house. -- speak | :32:09. | :32:12. | |
again. The issue of our continued membership of the European Union or | :32:13. | :32:17. | |
not is one of the most important issues of our generation. There are | :32:18. | :32:20. | |
some elements of our relationship where we should be thankful and | :32:21. | :32:25. | |
grateful, particularly our access to the single market and our | :32:26. | :32:28. | |
noninvolvement with Schengen and the euro. There are other areas where we | :32:29. | :32:34. | |
are not getting a good deal and the Prime Minister is right to | :32:35. | :32:36. | |
renegotiate our relationship and ask for a better deal. He and the | :32:37. | :32:41. | |
Secretary of State for business and other members have said we should | :32:42. | :32:45. | |
not be afraid to leave if we find the deal is not good enough for our | :32:46. | :32:50. | |
country and our future. As the country makes its decision, as the | :32:51. | :32:55. | |
referendum period begins, I am mindful that the public will need | :32:56. | :32:58. | |
information about what the offer is. It will need factual | :32:59. | :33:03. | |
information. It will also need respected information about what in | :33:04. | :33:08. | |
and out mean and what our future might be in a different arrangement. | :33:09. | :33:13. | |
It will need legal information. The public might need political | :33:14. | :33:17. | |
information, financial and economic information. Above all, it will need | :33:18. | :33:23. | |
a well run referendum. Well administered referendum. There in | :33:24. | :33:26. | |
lies a key role for the electoral commission. It will need information | :33:27. | :33:31. | |
about what the Swiss model looks like. What the Norwegian model looks | :33:32. | :33:36. | |
like? Could it be a good fit for this country? Or be better off | :33:37. | :33:39. | |
staying in reformed union? Of course I will give way. | :33:40. | :33:46. | |
Would you agree that there are not only two alternatives, Switzerland | :33:47. | :33:49. | |
and Norway, there are lots of alternatives. | :33:50. | :33:54. | |
That is a fantastic point and I certainly do agree there are a | :33:55. | :33:58. | |
number of alternatives. I look forward to the referendum debate and | :33:59. | :34:01. | |
also the debates in the media, in this house and in many other | :34:02. | :34:07. | |
follow-ups. I also want to return to the central role that the electoral | :34:08. | :34:11. | |
commission will play. My view is that the electoral commission should | :34:12. | :34:15. | |
not be drawn into playing any sort of qualified judicial role. Any sort | :34:16. | :34:23. | |
of -- any more beyond playing a functioning role in the central | :34:24. | :34:26. | |
administration of the referendum. We should be mindful of the views of | :34:27. | :34:32. | |
set out in a letter which has been distributed to members across this | :34:33. | :34:35. | |
house and which we should certainly take heed of. I think other | :34:36. | :34:43. | |
honourable members across the House are heartened about the vibrant | :34:44. | :34:47. | |
members of our democracy. Even though we are still in the early | :34:48. | :34:51. | |
stages of this debate, a number of campaigning groups have been | :34:52. | :34:55. | |
produced and I am pleased to see senior members represented from | :34:56. | :35:02. | |
across the House in today's debates. On this side of a house on our | :35:03. | :35:07. | |
benches there is Conservatives Of Britain, which has been skilfully | :35:08. | :35:12. | |
organised. I can also see my honourable friend for Howard and | :35:13. | :35:21. | |
North Essex playing a leading role. On the opposite house, Labour In For | :35:22. | :35:31. | |
Britain and, of course, Britain Is Stronger In Europe. Even before the | :35:32. | :35:39. | |
referendum really gets under way, there is a vibrancy of debate across | :35:40. | :35:43. | |
this house and also in this country which is very positive. My remarks | :35:44. | :35:51. | |
will focus on the... I give way. I am very grateful and he is right | :35:52. | :35:55. | |
to set out the span of organisations. I wonder if he will | :35:56. | :36:01. | |
agree with me. Unless my inbox and constituents of North Dorset is at | :36:02. | :36:05. | |
odds with the rest of the House. I get lots of e-mails about lots of | :36:06. | :36:10. | |
things. Hundreds about bumblebees. I can't think the last time I had an | :36:11. | :36:23. | |
e-mail about... We should just focus down to what is happening here. | :36:24. | :36:30. | |
I thank my honourable friend for his characteristically copious | :36:31. | :36:31. | |
intervention and two years absolutely right that beyond the | :36:32. | :36:34. | |
walls of this place there are men and women, malaise, businesses are | :36:35. | :36:38. | |
playing their day-to-day role and not necessarily concentrating on the | :36:39. | :36:45. | |
referendum issue is that this house concentrates on. I give way. | :36:46. | :36:50. | |
I vicariously might reform to the most recent opinion poll which | :36:51. | :36:54. | |
showed that 52% of the United Kingdom electorate thought they | :36:55. | :36:58. | |
should leave and only 48% thought we should stay in. 60% of those in the | :36:59. | :37:07. | |
south-west did say they wanted to leave. | :37:08. | :37:12. | |
I thank you for your intervention. I was just finishing my response from | :37:13. | :37:19. | |
my honourable friend which is that I know there are many individuals, | :37:20. | :37:26. | |
families, businesses outside the walls focusing on other things. I | :37:27. | :37:30. | |
hope we debate in this house will be able to take a lead on those | :37:31. | :37:34. | |
issues. I welcome e-mails on all sides of the argument. | :37:35. | :37:39. | |
I give way. Surely the point of the British people fully understand, | :37:40. | :37:42. | |
which is why they now wish to leave the EU, is that their concerns about | :37:43. | :37:50. | |
migration, taxation, the 10 billion we pay a way to the rest of the | :37:51. | :37:57. | |
European Union, our inability to form our own welfare laws, are vital | :37:58. | :38:04. | |
concerns of our voters in the United Kingdom and are all European issues. | :38:05. | :38:08. | |
Thank you for your passionate intervention. I will simply say to | :38:09. | :38:13. | |
him as I respond to my honourable friend that those issues are very | :38:14. | :38:17. | |
important and I welcome a more e-mails over the next year or so. | :38:18. | :38:23. | |
Maybe that is not the best message for my constituents, but I know that | :38:24. | :38:29. | |
members across the House will be receiving representation from their | :38:30. | :38:33. | |
constituents on all sides of the debate, whether that is in the form | :38:34. | :38:37. | |
of letters, e-mails or petitions. I will give way. | :38:38. | :38:44. | |
Author in his thoughts, the honourable member for North Dorset | :38:45. | :38:54. | |
mentioned bees. They are inadvertently to do with EU | :38:55. | :38:58. | |
regulation. My honourable friend makes a good | :38:59. | :39:03. | |
point. There are many issues we debate in this chamber, in | :39:04. | :39:07. | |
Westminster Hall, and in other forms where Europe actually makes an | :39:08. | :39:12. | |
important intervention. We should all be very mindful of that. My | :39:13. | :39:19. | |
point is to talk about the role of the referendum and also the Lords | :39:20. | :39:26. | |
Amendment Number five, six and 13. If I might be permitted I will | :39:27. | :39:31. | |
remind the House about the text and intention of Lords Amendment number | :39:32. | :39:35. | |
five, which as many members will know introduces a new clause which | :39:36. | :39:40. | |
will create a duty for the Secretary of State to publish a report setting | :39:41. | :39:44. | |
out what has been agreed by member states following the renegotiation | :39:45. | :39:48. | |
of the UK's membership of the EU which has been requested by the UK | :39:49. | :39:53. | |
Government. The report will also require the UK Government to set out | :39:54. | :39:58. | |
an opinion on what has been agreed, and it will have to be published at | :39:59. | :40:02. | |
least ten weeks before date of the referendum. The Secretary of State | :40:03. | :40:05. | |
will also be required to publish a copy before Parliament. Lords | :40:06. | :40:10. | |
Amendment can micro-number six will introduce a new clause which creates | :40:11. | :40:18. | |
a duty to publish a report setting out information about the rights and | :40:19. | :40:23. | |
obligations which arise from European law as a result of the | :40:24. | :40:26. | |
UK's membership of the European Union. The rights of this case | :40:27. | :40:33. | |
refers to the rights that the UK has as a member state and also writes | :40:34. | :40:39. | |
but are granted to individuals and organisations under European law. | :40:40. | :40:42. | |
This could include the rights of access to the single market. | :40:43. | :40:50. | |
Obligations in this example, the first two obligations arising under | :40:51. | :40:54. | |
EU law that apply to the UK as a member state, and also to | :40:55. | :40:58. | |
organisations or two individuals. For example, this could include the | :40:59. | :41:02. | |
obligation on the United Kingdom as a member state to amend national law | :41:03. | :41:11. | |
to bring it into a particular area. Number six will require the | :41:12. | :41:14. | |
Secretary of State to include reports about examples and | :41:15. | :41:16. | |
arrangements that other countries have with the European Union, | :41:17. | :41:20. | |
whether that is Switzerland, Norway or other countries that are not | :41:21. | :41:26. | |
members of the European Union. The report would have to be published at | :41:27. | :41:29. | |
least ten weeks before the referendum date and the Secretary of | :41:30. | :41:33. | |
State will also be required to lay a copy before Parliament. | :41:34. | :41:41. | |
And there are a number of amendment and I know he is not currently in | :41:42. | :41:48. | |
his place but he has indicated he may well withdraw them. But it is | :41:49. | :41:52. | |
useful for the house if I elucidate my views on the amendments depending | :41:53. | :41:58. | |
on how other members feel. My view is the electoral commission should | :41:59. | :42:02. | |
not be drawn into the debate in the way my honourable friend has | :42:03. | :42:07. | |
indicated in his amendment. As I mentioned earlier, the electoral | :42:08. | :42:13. | |
commission has written to all noble and right honourable members across | :42:14. | :42:18. | |
the house and my honourable friend acknowledged in his remarks that | :42:19. | :42:21. | |
they would consider any increase in their powers or rule for them in | :42:22. | :42:28. | |
making adjudication to affect the current position and that is the | :42:29. | :42:34. | |
view I agree with. To put the electoral commission into a | :42:35. | :42:37. | |
politically sensitive commission IDD getting on the matter of the | :42:38. | :42:41. | |
accuracy of the Government's report would probably be a step too far and | :42:42. | :42:46. | |
steps into the realm of being acquired by judicial body. I give | :42:47. | :42:58. | |
way. Actually, secretaries of State and ministers are answerable to this | :42:59. | :43:01. | |
parliament and this House and it would take put them in the role | :43:02. | :43:09. | |
taking on Parliament. She makes an outstanding point which I was going | :43:10. | :43:14. | |
to come to in my remarks which is to give the electoral commission a role | :43:15. | :43:18. | |
beyond its current role would be to tread upon the feet of honourable | :43:19. | :43:23. | |
and right honourable members and this House and encroach on the | :43:24. | :43:26. | |
democratic freedoms of this Parliament. My honourable friend is | :43:27. | :43:31. | |
right that the electoral commission itself does not agree with the | :43:32. | :43:35. | |
amendment or the intention posited by my honourable friend. There are | :43:36. | :43:44. | |
better sources of information, literature from the various campaign | :43:45. | :43:47. | |
groups that I mentioned, information from public bodies such as the | :43:48. | :43:53. | |
Office For Budget Responsibility and the bank of England. I would also | :43:54. | :44:00. | |
encourage members of the public and Hansard were speeches from members | :44:01. | :44:03. | |
can be found, including from this very debate. I give way to my | :44:04. | :44:09. | |
honourable friend. Geller can I also add it would be very useful if | :44:10. | :44:14. | |
people really wanted to hear how the debate was progressing if they | :44:15. | :44:17. | |
followed the transcripts and also the parliamentary channel for the | :44:18. | :44:25. | |
European Scrutiny Committee and the foreign affairs select committee | :44:26. | :44:28. | |
proceedings because that will help them an enormous amount about what | :44:29. | :44:31. | |
is going on and what questions are being asked of ministers. I thank my | :44:32. | :44:37. | |
honourable friend for this intervention and he makes a very | :44:38. | :44:41. | |
cogent point. Proceedings in this chamber are available not only on | :44:42. | :44:48. | |
Hansard but also on Parliament's own television channel as well as the | :44:49. | :44:53. | |
BBC Parliament channel. I would encourage what members of the public | :44:54. | :44:55. | |
and all interested in the proceedings of the South Union, | :44:56. | :44:59. | |
particularly to his committee which he had fled with distinction for | :45:00. | :45:06. | |
many years -- leather with distinction for many years. I am | :45:07. | :45:12. | |
delighted to see two of my distinguished colleagues on these | :45:13. | :45:16. | |
benches in the chamber today for this debate. Before my honourable | :45:17. | :45:22. | |
friend intervention I was mentioning the electoral commission's own | :45:23. | :45:26. | |
research that it undertook as part of its statutorily commitment on | :45:27. | :45:30. | |
information the public would want to know. As my honourable friend said | :45:31. | :45:38. | |
and also as the member for Glenrothes said, they found members | :45:39. | :45:43. | |
of the public were not necessarily clear about the consequences of the | :45:44. | :45:47. | |
referendum and there was no real understanding amongst large sections | :45:48. | :45:51. | |
of the public about what leaving would entail and not enough | :45:52. | :45:55. | |
information about what staying in would entail. There was also | :45:56. | :46:00. | |
confusion about the very many campaign groups that have sprung up. | :46:01. | :46:04. | |
What they don't see, which I thought was particularly heartening, is | :46:05. | :46:10. | |
there is a strong appetite for more information about the implications | :46:11. | :46:16. | |
of leaving and also about information about the implications | :46:17. | :46:23. | |
of remaining. Also about information for other models of engagement that | :46:24. | :46:27. | |
are possible, whether that is Switzerland, Norway, other members | :46:28. | :46:32. | |
of the European economic area or other countries around the world, in | :46:33. | :46:38. | |
Asia, Africa, north or south America. There are a number of | :46:39. | :46:42. | |
models that can be invoked in this debate and the public are very keen | :46:43. | :46:48. | |
to have more information. There is an appetite for more information, | :46:49. | :46:54. | |
but the electoral commission also found that the information is public | :46:55. | :46:58. | |
would actually like is not simply the wryly factual in nature, it is | :46:59. | :47:06. | |
my contention that members of the public would like contextual | :47:07. | :47:11. | |
information, for example, with work examples, explanations, case | :47:12. | :47:17. | |
studies, views of various members from this House. Therefore, the | :47:18. | :47:21. | |
electoral commission recommended that campaign groups which I | :47:22. | :47:25. | |
mentioned at the start of my speech includes sections on their website | :47:26. | :47:31. | |
and literature precisely with some of those work examples and real-life | :47:32. | :47:36. | |
case studies, testimonies from members of this House and lemon | :47:37. | :47:40. | |
members in the other place and experienced members of the public | :47:41. | :47:45. | |
and that would help a lot in educating the public on the choice | :47:46. | :47:48. | |
is to be made. The electoral commission also said it was very | :47:49. | :47:56. | |
slow to want to adopt some of the extra powers that certain honourable | :47:57. | :48:00. | |
members said it should have on the basis it is not powers to police | :48:01. | :48:04. | |
what information might be put into the public domain. It is not | :48:05. | :48:10. | |
legislative powers to regulate the information that might be put into | :48:11. | :48:14. | |
the public domain alongside any Government reports. Finally, the | :48:15. | :48:17. | |
electoral commission also made a very good point that I agree with | :48:18. | :48:22. | |
that is it doesn't have the capabilities to undertake an | :48:23. | :48:27. | |
extension of its current role which some noble lords and summer | :48:28. | :48:33. | |
honourable members think it may have. They say, it is also the case | :48:34. | :48:37. | |
we would not have the capabilities to do so. The electoral commission | :48:38. | :48:45. | |
father says, we will have no insider knowledge of negotiations, nor the | :48:46. | :48:51. | |
required expertise to judge the report from Parliament about UK's | :48:52. | :48:58. | |
membership. I thank my honourable friend for highlighting the | :48:59. | :49:01. | |
extensive assessment of the electoral commission has made of | :49:02. | :49:05. | |
this amendment. Isn't he, does he agree with me that is what renders | :49:06. | :49:11. | |
this amendment fatal? The electoral commission themselves have said they | :49:12. | :49:17. | |
do not have the capabilities and insider knowledge to carry out the | :49:18. | :49:22. | |
duty that would be imposed upon them if this amendment were to be | :49:23. | :49:28. | |
passed? I thank my honourable friend. I know she is very loaded in | :49:29. | :49:33. | |
these matters as a barrister and I entirely agree with her it is very | :49:34. | :49:38. | |
persuasive when one considers the electoral commission's or a letter | :49:39. | :49:43. | |
to members across this House which many members will have received in | :49:44. | :49:48. | |
the inbox is not long ago. I quote, we have no inside knowledge of the | :49:49. | :49:52. | |
negotiations nor the required expertise to judge a report on the | :49:53. | :49:58. | |
UK's membership of the EU. I give away. I think he will have heard | :49:59. | :50:03. | |
that the electoral commission have had the duties imposed upon them by | :50:04. | :50:07. | |
parliament before, what we are driving at in this amendment, above | :50:08. | :50:11. | |
all else, and I see that with respect, not only to him but to the | :50:12. | :50:15. | |
honourable lady who has just spoken, that the real point they | :50:16. | :50:19. | |
made is there should be proper impartiality and accuracy and if | :50:20. | :50:25. | |
they can do it, the Government can. And if they don't, the courts will | :50:26. | :50:29. | |
ensure they do. I thank my honourable friend for his | :50:30. | :50:33. | |
intervention and explanation. My interpretation of the letter was | :50:34. | :50:37. | |
they do not want to take on more powers, simply for the fact they | :50:38. | :50:40. | |
already have core duties which is the administration of elections and | :50:41. | :50:47. | |
referendums. I also want to say to my honourable friend that my | :50:48. | :50:51. | |
interpretation of the letter was the electoral commission was considering | :50:52. | :50:56. | |
they are not experts in constitutional law, politics or | :50:57. | :51:02. | |
other negotiations of the UK's remaining membership. That is the | :51:03. | :51:08. | |
role I want them to fulfil as the referendum process continues. My | :51:09. | :51:11. | |
interpretation of that letter was the electoral commission was | :51:12. | :51:17. | |
saying, very frankly and openly, they lack the expertise to make any | :51:18. | :51:22. | |
sort of determination about the Government's report. That is one | :51:23. | :51:25. | |
other observation I would like to bring this amendment and that is | :51:26. | :51:32. | |
next year, as many members will know, we will be experiencing local | :51:33. | :51:38. | |
elections, can the elections, and also Police Commissioner elections, | :51:39. | :51:42. | |
which will increase the workload of the electoral commission in its | :51:43. | :51:46. | |
current guys, whether that is arbitrating on voter rolls, | :51:47. | :51:50. | |
interpreting aspects of election law or undertaking it other statutory | :51:51. | :51:56. | |
duties which I feel are already quite draining its resources. My | :51:57. | :52:00. | |
contention is simply electoral commission lacks the expertise, as | :52:01. | :52:05. | |
my honourable friend said, but also will be burdened with a heavy | :52:06. | :52:10. | |
workload and the number and frequency and geographic spread of | :52:11. | :52:14. | |
elections it is having to be involved in. My view is that is no | :52:15. | :52:22. | |
role for the electoral commission in the respect that has been positive | :52:23. | :52:25. | |
in the amendment and therefore the Government's view should... Madam | :52:26. | :52:32. | |
Deputy Speaker if you permit me I wanted to briefly to Lords | :52:33. | :52:35. | |
amendments 13 which has been tabled in the other place where the noble | :52:36. | :52:41. | |
Baroness. I know this has some support in this house and if you | :52:42. | :52:46. | |
permit me, Madam Deputy Speaker, to elucidate what this stars and also | :52:47. | :52:50. | |
share my views on its place and this House. As Orrell and right | :52:51. | :52:56. | |
honourable members will law, section 108 of the political parties act | :52:57. | :53:04. | |
2000 allows the electoral commission to designate permitted participants, | :53:05. | :53:07. | |
likely to be one of the campaign groups mentioned earlier, to the | :53:08. | :53:12. | |
organisations to whom assistance will be available. Such a system is | :53:13. | :53:19. | |
being logistical, financial and in some cases the opportunity to | :53:20. | :53:26. | |
present itself in the media. Where a referendum has only two outcomes as | :53:27. | :53:34. | |
is in the case in this referendum, that the section one or eight of | :53:35. | :53:39. | |
that act of the 2000 act, the electoral commission can only | :53:40. | :53:43. | |
exercise the power to designate one organisation for each of the | :53:44. | :53:49. | |
outcomes or none at all. Lords amendment 13 would enable the | :53:50. | :53:53. | |
electoral commission to designate the league campaign for one side of | :53:54. | :53:58. | |
the argument, whether that be remain or leave at the referendum, without | :53:59. | :54:04. | |
designating a leading campaigner for the other side. This would only | :54:05. | :54:09. | |
apply where for a particular outcome whether that be leaving or | :54:10. | :54:14. | |
remaining, had no applications on the other side, or the electoral | :54:15. | :54:18. | |
commission was not satisfied there was an applicant that adequately | :54:19. | :54:24. | |
represented those campaigning for that outcome. Clearly an adequate | :54:25. | :54:29. | |
troops would be discarded by the electoral commission. In the event | :54:30. | :54:33. | |
that only one campaigner was designated, that campaigner would be | :54:34. | :54:37. | |
entitled to a high spending limit, a free mail out to voters and also | :54:38. | :54:44. | |
access to public meeting rooms, for example a public council buildings | :54:45. | :54:48. | |
or other municipal buildings. They would not be entitled, and I think | :54:49. | :54:52. | |
it is important for the house to have cognisant of this point, to a | :54:53. | :54:57. | |
grant from the electoral commission of up to ?600,000, under section 110 | :54:58. | :55:06. | |
of the 2000 act. Nor would they be allowed to make a referendum | :55:07. | :55:10. | |
broadcast to the people of this country under section 127 of this | :55:11. | :55:18. | |
Act. Madam Deputy Speaker, having reviewed the amendments both in this | :55:19. | :55:23. | |
place and the other place and also read representations from the | :55:24. | :55:26. | |
electoral commission and broadcasters as well, my view is | :55:27. | :55:31. | |
that is a fair compromise. This amendment implement recommendations | :55:32. | :55:35. | |
that the electoral commission itself made following the 2011 referendum | :55:36. | :55:43. | |
on voting systems. As I said at the start of my remarks, we must heed to | :55:44. | :55:47. | |
what the electoral commission itself says while also taking into account | :55:48. | :55:54. | |
the views of members in this House. Based on those experiences from | :55:55. | :55:59. | |
2011, the electoral commission recommended the steps that should be | :56:00. | :56:03. | |
taken should be steps that reduce the potential advantages under the | :56:04. | :56:09. | |
political parties electoral referendums act. To decide against | :56:10. | :56:13. | |
applying for designation. The electoral commission found they had | :56:14. | :56:19. | |
identified an example when a campaign that mere tactical | :56:20. | :56:23. | |
advantage in not seeking designation with a view to frustrating the other | :56:24. | :56:28. | |
side's access to these benefits. I find that a particularly cogent | :56:29. | :56:31. | |
observations on behalf of the electoral coalition. I said I would | :56:32. | :56:36. | |
touch briefly on Lords amendments 13 and I will continue my promise. I | :56:37. | :56:41. | |
think the Government position on all the amendment should be supported | :56:42. | :56:43. | |
and they deserve the support of the house. | :56:44. | :56:48. | |
I beg to move that this house do agree with Lords Amendment five and | :56:49. | :56:55. | |
I want to start by thanking right honourable and honourable members | :56:56. | :56:58. | |
who have taken part in the debates this afternoon. Indeed, the member | :56:59. | :57:03. | |
for Wolverhampton south-eastward even so generous as to offer an | :57:04. | :57:06. | |
additional filler for my Christmas stocking. I'm sure that the pamphlet | :57:07. | :57:14. | |
he proffered to me will take an honoured place alongside on my | :57:15. | :57:19. | |
shelves the collected works of another honourable member. The House | :57:20. | :57:27. | |
will be aware that this bill receives detailed scrutiny in the | :57:28. | :57:35. | |
Lords and this particular group of amendments and Lords amendments this | :57:36. | :57:38. | |
afternoon we are talking about quite a wide range of changes that the | :57:39. | :57:46. | |
other house imported into the bill. Many of those amendments were | :57:47. | :57:50. | |
technical and procedural in character and were designed to | :57:51. | :57:53. | |
strengthen the furnace and robustness of the campaign | :57:54. | :57:58. | |
framework. The Lords main technical amendments ensure that the bill | :57:59. | :58:02. | |
works appropriately for Gibraltar and feeble response to | :58:03. | :58:07. | |
recommendations for House of Lords delegated powers and regulatory | :58:08. | :58:12. | |
committee. Finally, and these are the subjects which have preoccupied | :58:13. | :58:17. | |
the House most this afternoon, in response to concerns from members of | :58:18. | :58:20. | |
the House of Lords that the British people might not have access to the | :58:21. | :58:24. | |
information they need to take an informed decision, the Lords added | :58:25. | :58:27. | |
to the bill be duty to report on three topics. The results of the | :58:28. | :58:33. | |
renegotiations, what membership of the European Union in tales in terms | :58:34. | :58:37. | |
of our current rights and obligations? And examples of already | :58:38. | :58:41. | |
existing alternatives to EU membership. In the time that remains | :58:42. | :58:45. | |
I want to address these areas of change in return. Let me go straight | :58:46. | :58:51. | |
to amendments five and six concerning the provision of public | :58:52. | :58:58. | |
information. Of course, as my right honourable friend the member for | :58:59. | :59:04. | |
Ashford and my honourable friend the member for Harrow and North Essex | :59:05. | :59:07. | |
both at college, the Government at the end of the negotiating process | :59:08. | :59:12. | |
is clearly going to express its view to the British people for when the | :59:13. | :59:19. | |
electorate votes at the promised referendum. -- both acknowledged. | :59:20. | :59:25. | |
But what we now have our obligations written onto the face of statute for | :59:26. | :59:34. | |
the Government to publish particular items of information. There was a | :59:35. | :59:38. | |
clear appetite in the Lords to have such provision and in fact, the | :59:39. | :59:43. | |
Lords tables and debated a series of amendments that called upon the | :59:44. | :59:48. | |
Government to set out in a very prescriptive detail the potential | :59:49. | :59:51. | |
consequences of remaining in the European Union and also what the | :59:52. | :59:55. | |
consequences of withdrawal would be on a number of areas of national | :59:56. | :59:59. | |
life. Noble Lords called on the Government to set out what that | :00:00. | :00:05. | |
means to government's in the Jewish relationship would be with the EU | :00:06. | :00:10. | |
under a vote to leave. ... Envisaged relationship. -- envisaged | :00:11. | :00:20. | |
relationship. In our view, it is for the designated lead organisations to | :00:21. | :00:25. | |
lead the debate on the two side of the argument. However, the electoral | :00:26. | :00:30. | |
commission and their research into the question did identify that there | :00:31. | :00:35. | |
is an appetite among the general public for information, both on what | :00:36. | :00:38. | |
remaining in the EU would leave and on what leaving could mean. Given | :00:39. | :00:43. | |
the strongly held views that were expressed in the other place, we | :00:44. | :00:47. | |
accepted the principle that the Government should be obliged to play | :00:48. | :00:52. | |
a role, a limited role, in ensuring that the public is able to make an | :00:53. | :00:57. | |
informed decision. In our view, the most useful role for the Government | :00:58. | :01:01. | |
here is to give information about the renegotiation deal that is | :01:02. | :01:05. | |
achieved, and also on the factual nature of membership to try to aid | :01:06. | :01:12. | |
understanding and to inform the public. Then, it'll be for the | :01:13. | :01:16. | |
designated elite campaigners to interpret that information and about | :01:17. | :01:24. | |
own information on both sides. -- on their own. Amendment five is tabled | :01:25. | :01:31. | |
by my noble friend who everyone in the House would accept is not | :01:32. | :01:35. | |
someone normally regarded as an unqualified admirer of the European | :01:36. | :01:42. | |
Union. That amendment set a requirement for the Government to | :01:43. | :01:44. | |
report on the outcome of the renegotiation. Building on this, the | :01:45. | :01:51. | |
Lords Amendment five that we now have before us would require the | :01:52. | :01:54. | |
Government to report on what it had been agreed by EU member states as a | :01:55. | :01:59. | |
result of the renegotiation, and for the Government to give its view on | :02:00. | :02:03. | |
this. Amendment six takes us further. It requires the Government | :02:04. | :02:09. | |
to published a report. That report was set out information about rights | :02:10. | :02:13. | |
and obligations that arise and EU law as a result of the UK's | :02:14. | :02:18. | |
membership of the EU. This would enable us to describe what | :02:19. | :02:21. | |
membership for the EU in tales in this country. | :02:22. | :02:25. | |
And who tabled amendment six? Amendment six was tabled by my right | :02:26. | :02:33. | |
honourable friend... Noble friend following debate in the Lords as a | :02:34. | :02:36. | |
way to try to build consensus in that house to give their passage to | :02:37. | :02:42. | |
the bill. Perhaps it would be useful for me to explain, in response to | :02:43. | :02:48. | |
the Commons that have been made this afternoon, how the Government | :02:49. | :02:54. | |
interprets the obligation imposed on us by these amendments and how we | :02:55. | :03:00. | |
would propose to see those obligations implemented. By right, | :03:01. | :03:10. | |
as set out in amendment six, we mean rights but United Kingdom has as a | :03:11. | :03:13. | |
member state and also the rights granted to individuals and | :03:14. | :03:18. | |
businesses as a result of our membership of the European Union | :03:19. | :03:22. | |
such as access to the single market. By obligations, I refer to those | :03:23. | :03:26. | |
things that are membership of the European Union obliges us to do. | :03:27. | :03:33. | |
Most obviously, this is at the level of the member state. But also their | :03:34. | :03:37. | |
would-be implications for businesses or individuals. An obvious example | :03:38. | :03:45. | |
is our obligation as a member state to transpose EU laws in particular | :03:46. | :03:50. | |
areas and accept the climate of EU law so long as we are a member of | :03:51. | :03:55. | |
the European Union. The duty that has been written into amendment six | :03:56. | :03:59. | |
does not require the Government to set out information about every | :04:00. | :04:03. | |
single right and obligation. I think such a report would not be | :04:04. | :04:06. | |
meaningful and the purpose of the duties is to provide useful and | :04:07. | :04:11. | |
relevant factual information to allow for greater public | :04:12. | :04:15. | |
understanding. Amendment six also requires the Government to divulge | :04:16. | :04:22. | |
where the existing -- to explore some of the existing arrangements | :04:23. | :04:26. | |
were at... That members who are not a member of the EU already have. | :04:27. | :04:30. | |
I don't understand how the Government can say is only going to | :04:31. | :04:34. | |
mention some of the obligations. Surely, the bill is drafted says the | :04:35. | :04:37. | |
obligations and that must include all the legal requirements on | :04:38. | :04:41. | |
individuals, companies and the states, as well as legal supremacy. | :04:42. | :04:48. | |
I hope you will mention in the next clause that there is nothing said | :04:49. | :04:52. | |
about trade and he must not limiting themselves to trade. He must look at | :04:53. | :04:55. | |
all sorts arrangements, not just trade. | :04:56. | :05:00. | |
First of all, on the wording of the amendment, the amendment refers to | :05:01. | :05:06. | |
rights and obligations, not to the rights and obligations. It gives the | :05:07. | :05:16. | |
Government the discretion to select those where we think the | :05:17. | :05:19. | |
presentation of rights and obligations are the ones that will | :05:20. | :05:23. | |
best aid public understanding. I do want to make it clear that our | :05:24. | :05:28. | |
purpose in recommending acceptance of these amendments is that we | :05:29. | :05:34. | |
should be able to provide for greater public understanding. I | :05:35. | :05:36. | |
completely agree with my right honourable friend from Wokingham | :05:37. | :05:42. | |
that membership of the EU touches on things in addition to matters of | :05:43. | :05:48. | |
trade or economic policy. It'll be a matter for vigorous debate during | :05:49. | :05:51. | |
the referendum campaign as to relative balance or advantages -- of | :05:52. | :05:58. | |
advantages or disadvantages that arise out of EU membership. But that | :05:59. | :06:04. | |
is not a debate which we see as taking place in the context of the | :06:05. | :06:07. | |
obligation placed on us by amendment six. Amendment six is about | :06:08. | :06:12. | |
providing factual information on the basis of which the public can make | :06:13. | :06:17. | |
an informed decision. What the amendment also does is to describe | :06:18. | :06:20. | |
some of the existing arrangements that require us to describe existing | :06:21. | :06:25. | |
arrangement that other countries which are not members already have | :06:26. | :06:29. | |
with the European Union. We think this is a better course of action | :06:30. | :06:36. | |
and for the Government to attempt to hypothesise what the future | :06:37. | :06:38. | |
relationship of the United Kingdom would be with the EU in the event of | :06:39. | :06:45. | |
a vote to withdraw. Because that depends on assumptions made both | :06:46. | :06:53. | |
about the future intentions of the British, but also the likely | :06:54. | :06:56. | |
response of other European countries in those circumstances. | :06:57. | :07:01. | |
On this question about the rights and obligations, as compared to the | :07:02. | :07:05. | |
other, I think he is already beginning to move the argument into | :07:06. | :07:10. | |
the arena on the question of impartiality and accuracy because in | :07:11. | :07:15. | |
fact, if they pick and choose, then there will be no way for the public | :07:16. | :07:19. | |
to have a clue as to whether or not the ones they've chosen are the ones | :07:20. | :07:23. | |
that suit them or the public and the voters who have to make the choice. | :07:24. | :07:30. | |
I think that if the... To follow your logic, the implications of a | :07:31. | :07:37. | |
requirement to provide an exhaustive list would mean going through the | :07:38. | :07:46. | |
entire corpus of EU law, not just the particular areas of expressed in | :07:47. | :07:55. | |
the treaties, and trying to draw out from. What would be a voluminous | :07:56. | :08:01. | |
list of both rights and obligations are derived from those measures. I | :08:02. | :08:06. | |
simply don't think that will aid public understanding. I think it | :08:07. | :08:09. | |
will act as a deterrent for many members of the public to read the | :08:10. | :08:14. | |
document at all. The honourable member asked about the form of | :08:15. | :08:18. | |
publication. No decision has been taken about this yet, but certainly | :08:19. | :08:23. | |
I would envisage that is being comparable to a white paper, if not | :08:24. | :08:28. | |
an actual white paper. As would be normal these days, such a | :08:29. | :08:31. | |
publication would be available online and therefore it would be | :08:32. | :08:35. | |
widely accessible. The report would have to be published at least ten | :08:36. | :08:38. | |
weeks before the referendum which would give campaign is clear time to | :08:39. | :08:42. | |
lead the public debate. I would emphasise that neither amendment | :08:43. | :08:50. | |
five or six in any way affect the section 125 restriction on | :08:51. | :08:51. | |
government publications during the final 28 days of the campaign. I | :08:52. | :08:57. | |
hope that my honourable friend, in view of what I have said and in view | :08:58. | :09:01. | |
of the electoral commission 's X Best view that they do not agree | :09:02. | :09:05. | |
with his amendments today, will at the end of this debate agree to... | :09:06. | :09:14. | |
I have asked him several times before I declare whether I will | :09:15. | :09:18. | |
withdraw these amendments or not, for him on the half of the | :09:19. | :09:21. | |
governments to make it absolutely clear that when they are giving this | :09:22. | :09:26. | |
information under five or six they will do so with due accuracy and | :09:27. | :09:30. | |
impartiality. Is he going to do that, or is he not? | :09:31. | :09:35. | |
Certainly that is the case because I actually think it will probably have | :09:36. | :09:45. | |
a perverse impact on the Government's recommendation, at the | :09:46. | :09:50. | |
end of the day, if the Government were to be seen to be acting in an | :09:51. | :09:56. | |
excessively partisan manner. I would say again, the Government is clearly | :09:57. | :10:03. | |
going to express its view, its recommendations and its reasoning. | :10:04. | :10:06. | |
But the statutory duties which are laid out in these amendments we see | :10:07. | :10:13. | |
about being about the provision of accurate and factual information. | :10:14. | :10:16. | |
Amendment 13 was also debated in some detail this afternoon. This | :10:17. | :10:22. | |
would allow the electoral commission to designate a lead campaigner for | :10:23. | :10:26. | |
only one side of the argument in the event that for a particular outcome | :10:27. | :10:31. | |
there were no applications, or the electoral commission was not | :10:32. | :10:35. | |
satisfied that any applicant met the statutory test of adequately | :10:36. | :10:37. | |
representing those campaigning for that outcome. Given the vigour that | :10:38. | :10:43. | |
we already see in opposing campaigns, I think it is very | :10:44. | :10:47. | |
unlikely that we are going to end up in that territory. I hope the House | :10:48. | :10:51. | |
will accept this Lords Amendment to prevent gaining by one side of the | :10:52. | :10:57. | |
campaign to the disadvantage of the other. | :10:58. | :11:06. | |
Simply to say that in the light of the clear assurance that there will | :11:07. | :11:10. | |
be due impartiality and accuracy, I am prepared to withdraw my | :11:11. | :11:15. | |
amendments with respect to five, six and 13. | :11:16. | :11:24. | |
Amendment by leave withdrawn? Minister to move to agree to Lords | :11:25. | :11:28. | |
Amendment five formally. Formally. | :11:29. | :11:32. | |
The question is that this house agrees with the Lords and their | :11:33. | :11:38. | |
amendment five. Say aye. On the contrary, no. I think the ayes have | :11:39. | :11:46. | |
it. Under the standing order I must now put the question to dispose of | :11:47. | :11:51. | |
the remaining Lords amendments. The question is that this house agrees | :11:52. | :11:56. | |
with the Lords amendments six, two and four, and 7-46. Say aye. Say no. | :11:57. | :12:05. | |
I think the ayes have it, the ayes have it. | :12:06. | :12:16. | |
other minister David Lillington in the chair of the committee and the | :12:17. | :12:30. | |
call of the committee do withdraw immediately. The question is that a | :12:31. | :12:38. | |
committee be appointed to draw up a reason to be assigned to the Lords | :12:39. | :12:45. | |
for the amendment one. Judith Cummins, David Langdon, Pat | :12:46. | :12:50. | |
McFadden, James Morris and Owen Toms of the members of the committee, but | :12:51. | :12:58. | |
the David Livingstone be the committee and three the record of | :12:59. | :13:02. | |
the committee and the committee do withdraw immediately. As many as are | :13:03. | :13:04. | |
of the opinion, say "aye". To the contrary, "no". The ayes have it. | :13:05. | :13:11. | |
The ayes have it. We now come to the motion on cross-border cooperation | :13:12. | :13:18. | |
to tackle serious and organised crime - Prum. I am from the house | :13:19. | :13:23. | |
the Speaker has selected the amendment in the name of Sir William | :13:24. | :13:27. | |
Cash and will be debated together with the main motion and the | :13:28. | :13:32. | |
amendment will be put at the end of the debate. Minister to move? Thank | :13:33. | :13:42. | |
you and I beg to move the motion standing in my honourable right | :13:43. | :13:47. | |
honourable friend name. Recent events in Europe, particularly in | :13:48. | :13:51. | |
Paris, highlighted the real need to cooperate with other countries to | :13:52. | :13:56. | |
keep our citizens save and hunt them criminals and terrorists. Following | :13:57. | :14:00. | |
the attacks in Paris we know the French authorities have been | :14:01. | :14:03. | |
coordinating and cooperating with a wide range of law enforcement and | :14:04. | :14:07. | |
other countries and 301 of the tools they have found the most effective | :14:08. | :14:13. | |
is the Prum mechanism, the subject of two-day's debate. It is thanked | :14:14. | :14:17. | |
to Prum they were able to identify one of the attackers so quickly. | :14:18. | :14:23. | |
Prum, so called after the German town it was agreed to develop this | :14:24. | :14:27. | |
mechanism is about the sharing in strictly controlled circumstances of | :14:28. | :14:30. | |
the sharing in strictly controlled circumstances of PNA, fingerprints | :14:31. | :14:34. | |
and vehicle registration that are in order to investigate crime. Mike | :14:35. | :14:39. | |
French counterpart wrote to me recently setting out his first hand | :14:40. | :14:43. | |
experience of Prum and how he hopes the UK and France will be able to | :14:44. | :14:47. | |
improve our cooperation through it. While I never unquestioningly accept | :14:48. | :14:55. | |
the views of others I think it is wise to listen to those with | :14:56. | :14:58. | |
experience of such chilling recent event and they believe the system to | :14:59. | :15:03. | |
be beneficial. The experience of France and others and our own | :15:04. | :15:07. | |
detailed study of Prum believes me it isn't at the national interest to | :15:08. | :15:13. | |
sign up to it. I will go on to set out in more detail why I think that | :15:14. | :15:19. | |
is the case. I give way. I am sure that my right honourable friend | :15:20. | :15:24. | |
accepts the carnage in France which was dreadful was, to some extent, as | :15:25. | :15:30. | |
a result of the failures of authorities in that country. Why | :15:31. | :15:33. | |
should we played so much trust in those who, from those kind of | :15:34. | :15:41. | |
experiences? I have to say, the carnage that took place in France | :15:42. | :15:46. | |
and the blame for that lies squarely with the terrorists who undertook | :15:47. | :15:50. | |
that and I believe it is right we listen to those who have experienced | :15:51. | :15:54. | |
and I will go on to explain other examples of why the exchange of this | :15:55. | :16:00. | |
that is a beneficial in various circumstances. First it might be | :16:01. | :16:04. | |
helpful to the house and how we have come to this point and what the | :16:05. | :16:08. | |
system is and what it is not. This is primarily about the sharing of | :16:09. | :16:13. | |
DNA profiles, fingerprints and vehicle registration data in order | :16:14. | :16:18. | |
to prevent and investigate crime. It is worth noting we already share | :16:19. | :16:22. | |
such that with other countries via Interpol so the debate is about | :16:23. | :16:26. | |
whether or not we should do that, but how. What this system does is | :16:27. | :16:30. | |
automate the front end of an existing manual process to access | :16:31. | :16:34. | |
that information and make information exchange subject to the | :16:35. | :16:38. | |
touch of a button rather than a lengthy manual process, meaning it | :16:39. | :16:41. | |
will be quite act easier for our police to check the national | :16:42. | :16:45. | |
databases of other member states, hugely increasing the reach of UK | :16:46. | :16:50. | |
law enforcement. I would like to point out it is not a centralised EU | :16:51. | :16:55. | |
database and that is an important point to remember. I give way. Given | :16:56. | :17:00. | |
that she makes a very strong case for the technical function but I am | :17:01. | :17:04. | |
concerned the threats we face go far beyond Europe and the European | :17:05. | :17:08. | |
Union. Could she say a little bit more about why it is so difficult to | :17:09. | :17:11. | |
get Interpol and the poor countries to adopt a similar system. I have to | :17:12. | :17:17. | |
say to my honourable friend, if you look across the board at Interpol | :17:18. | :17:21. | |
and the number of countries involved and the amount of information | :17:22. | :17:28. | |
available, there is a very real difficulty in the physical issue of | :17:29. | :17:32. | |
getting a lot of all of those countries to agree to this. What has | :17:33. | :17:37. | |
happened in the EU is countries have come together and decided it would | :17:38. | :17:40. | |
be beneficial to have this sort of automated process and so far those | :17:41. | :17:48. | |
discussions have not... I will in just a moment. So far Interpol has | :17:49. | :17:52. | |
retained the manual processes and I will come on a little later to | :17:53. | :17:58. | |
exemplify the difference that occurs through the automated process as | :17:59. | :18:01. | |
opposed to the manual process of Interpol. I give way. She is right | :18:02. | :18:10. | |
to opt in to this mechanism. It is not about giving information away, | :18:11. | :18:15. | |
it is about sharing information. One of the lessons from Paris is the | :18:16. | :18:21. | |
importance of EU countries knowing who is coming through the external | :18:22. | :18:26. | |
borders. Would she agree with me that what is essential is where | :18:27. | :18:30. | |
countries have concerns about individuals, they put them on the | :18:31. | :18:37. | |
databases as quickly as possible? The right honourable gentleman makes | :18:38. | :18:40. | |
an important point and one of the arguments we are making within a | :18:41. | :18:44. | |
European context is there are other databases use, for example the door | :18:45. | :18:50. | |
that database, we are arguing about how we can better use these | :18:51. | :18:54. | |
databases to ensure we do the job we all want to do. Criminals and | :18:55. | :18:59. | |
terrorists do not stop our borders and it is important the gap that is | :19:00. | :19:03. | |
shared between countries so we can both identify and lead to ringing | :19:04. | :19:07. | |
those criminals and terrorists to justice. I am grateful to the Home | :19:08. | :19:14. | |
Secretary for giving way. Ideally we want Interpol to come to an | :19:15. | :19:18. | |
agreement about sharing of information through an automated | :19:19. | :19:21. | |
system. The fact that Interpol are not in that position does not been | :19:22. | :19:26. | |
we cannot take action with our European partners and share that | :19:27. | :19:30. | |
information in an automated fashion. Is it not the case that given the | :19:31. | :19:34. | |
tragic events in France this is the time for the and cooperation with | :19:35. | :19:39. | |
our European partners, rather than retrenching our own silo? My friend | :19:40. | :19:46. | |
back at an important point, both about the interplay between Prum in | :19:47. | :19:50. | |
the European union and Interpol but also, yes, now is the very time we | :19:51. | :19:55. | |
need to work more in collaboration with our partners to ensure we are | :19:56. | :19:59. | |
sharing the necessary dad to keep us safe. I have been very generous in | :20:00. | :20:05. | |
giving way but I will give way to my right honourable friend. I am very | :20:06. | :20:13. | |
grateful. As someone who wishes her to use all these and means to track | :20:14. | :20:17. | |
down terrorism I think it is a good idea to get more access to | :20:18. | :20:21. | |
information but I also want to help us uphold our manifesto promise of | :20:22. | :20:27. | |
no transfer of powers to the EU and reduction in EU powers so why can we | :20:28. | :20:30. | |
not do this by intergovernmental agreement than rather than | :20:31. | :20:34. | |
submitting to the European Court of Justice? I have to see a right | :20:35. | :20:40. | |
honourable friend that this is one area where he will have challenged | :20:41. | :20:44. | |
the only similar issue in the past, but of course the fact is because | :20:45. | :20:49. | |
within the European Union that is the existence of this agreement and | :20:50. | :20:53. | |
the existence of Prum, then attempts to do this exchange of dapper in | :20:54. | :20:58. | |
other ways would, first of all, require not just by | :20:59. | :21:02. | |
intergovernmental agreement but also the building of separate systems and | :21:03. | :21:06. | |
would take far longer so we would not have access to the data for the | :21:07. | :21:13. | |
long period of time and there is another mechanism available at if we | :21:14. | :21:18. | |
wish to exchange dapper in this way we should join that particular | :21:19. | :21:25. | |
mechanism. For DNA, a crime scene programme is sent from one country | :21:26. | :21:31. | |
to another, to all the other countries simultaneously where it is | :21:32. | :21:34. | |
automatically searched against the profiles held on those countries | :21:35. | :21:40. | |
databases. If there is a match the requesting country receives a report | :21:41. | :21:44. | |
back. At that stage no information is exchanged that would allow a | :21:45. | :21:49. | |
person to be identified. Prior to personal information being released | :21:50. | :21:55. | |
all text must be confirmed. For fingerprints this is a similar | :21:56. | :22:01. | |
report. At a reported 15 minutes for DNA and 24 hours for fingerprints. | :22:02. | :22:06. | |
The average time to report a hit currently has four months. Four | :22:07. | :22:08. | |
months. For a vehicle registration dapper, a country that is | :22:09. | :22:19. | |
investigating a crime is able to get the information and ten seconds. Our | :22:20. | :22:25. | |
police will be able to get information on foreign registered | :22:26. | :22:27. | |
vehicles in ten seconds, rather than the months it can take at the | :22:28. | :22:34. | |
moment. As I said to the house in July last year, Prum is an easy and | :22:35. | :22:38. | |
efficient comparison of dapper when appropriate. Members will note that | :22:39. | :22:51. | |
Prum was one of the measures we opted out of and that was the | :22:52. | :22:56. | |
greatest repackaging of powers in this country's hastily. I thank the | :22:57. | :23:00. | |
Home Secretary for giving way and welcomed the statement. Should she | :23:01. | :23:05. | |
outlined to the house if there has been any discussion with the | :23:06. | :23:09. | |
Republic of Ireland on introducing Prum or does she believe they will | :23:10. | :23:16. | |
in the future? I myself have not held any of those discussions. | :23:17. | :23:20. | |
Within the EU they are a small number of member states who have not | :23:21. | :23:25. | |
joined Prum and who are all being encouraged to do so precisely | :23:26. | :23:29. | |
because of the value seen by those member states using the system at | :23:30. | :23:34. | |
the moment. We had repatriated powers and we did not seek to rejoin | :23:35. | :23:40. | |
Prum at that time because, when the party opposite sign us up to the | :23:41. | :23:44. | |
measure, they didn't do anything to implement it, which meant if we | :23:45. | :23:49. | |
rejoin it would have opened us up to fines for not implementation. There | :23:50. | :23:54. | |
was a pragmatic decision taken at the time. As I also said at the | :23:55. | :23:58. | |
time, all honourable members want the most serious crimes to be solved | :23:59. | :24:02. | |
and their perpetrators brought to justice. In some cases that means | :24:03. | :24:06. | |
the police comparing the police comparing DNA fingerprint data | :24:07. | :24:10. | |
Gaelic Mac dapper with other countries. This is an operational | :24:11. | :24:18. | |
necessity and the comparison is already happening and must do so if | :24:19. | :24:22. | |
we are to solve cross-border crime. It would be negligent if I did not | :24:23. | :24:28. | |
consider the proposal carefully. I proposed to run a small pilot | :24:29. | :24:32. | |
focused on DNA with other countries and produce a full business case on | :24:33. | :24:37. | |
Prum. The final decision on whether or not to sign up to Prum would be a | :24:38. | :24:42. | |
case for this house. We have now won that pilot and published a thorough | :24:43. | :24:47. | |
business case and we are here today to decide if we should participate | :24:48. | :24:52. | |
in Prum are not, and I believe strongly we should. I will give way. | :24:53. | :25:00. | |
These are inevitably it matters whether balances to be struck off | :25:01. | :25:04. | |
sometimes conflicting interests and I think she abroad it got this one | :25:05. | :25:07. | |
right and she will have the support of my party today in the division | :25:08. | :25:12. | |
lobbies. I would be interested to know about the use of matches. She | :25:13. | :25:18. | |
will be aware that the only thing provided by Big Brother Watch today | :25:19. | :25:24. | |
makes specific reference to the European arrest warrant and what | :25:25. | :25:27. | |
will be required for the use of a match coming from Prum. If you have | :25:28. | :25:40. | |
any DNA profile is sent and the first response is is there a hit on | :25:41. | :25:44. | |
the database are not. There is then a separate process to determine if | :25:45. | :25:49. | |
the individual 's personal details will go forward. What we intend to | :25:50. | :25:55. | |
do is then you have two scientific legal look at that match to make | :25:56. | :25:59. | |
sure it meets the requirements we set out we will set higher threshold | :26:00. | :26:05. | |
than others. It will then be possible, if the other country | :26:06. | :26:10. | |
wishes to move to a European arrest warrant, to arrest an individual, if | :26:11. | :26:16. | |
they have the ability and sufficient evidence to do that. We have brought | :26:17. | :26:21. | |
an extra safeguard around the use of European arrest warrants. It also | :26:22. | :26:24. | |
means it will be possible for foreign criminals to be extradited | :26:25. | :26:32. | |
but also for criminals who have undertaken activities here in the UK | :26:33. | :26:37. | |
and then gone abroad, potentially to be brought back to the UK for | :26:38. | :26:38. | |
justice. On that specific point, where we | :26:39. | :26:49. | |
have the second check, the second set of scientific safeguards, would | :26:50. | :26:56. | |
that be a manual check done by a human or would that process also be | :26:57. | :26:59. | |
automated? I think there will be an automated | :27:00. | :27:04. | |
element to it but this is not something that will be done... If my | :27:05. | :27:12. | |
honourable friend is concerned that immediately the whole system does | :27:13. | :27:16. | |
that check, there is a decision to then make that check. We are setting | :27:17. | :27:22. | |
a higher threshold. I'm getting into scientific waters here that perhaps | :27:23. | :27:25. | |
I'm not best qualified to refer to. But the issue is what I called | :27:26. | :27:31. | |
low-carbon and the matches on the DNA. Many countries will use six or | :27:32. | :27:39. | |
sometimes ate, we will use eight. That is the threshold that we set -- | :27:40. | :27:45. | |
or sometimes eight. We will use time. If you have thus micro we will | :27:46. | :27:55. | |
use ten. One of the reasons I believe that we should be going into | :27:56. | :28:00. | |
Prum is that the results from the small-scale pilot we conducted, I | :28:01. | :28:06. | |
was very clear the exchange could only take place after we have | :28:07. | :28:10. | |
understanding in place with the Netherlands, Spain, Germany and | :28:11. | :28:13. | |
France and that would only take place under close tight guards -- | :28:14. | :28:20. | |
under tight safeguards. An impressive 118 hits were seen. That | :28:21. | :28:24. | |
is nearly double the number of profiles are police sent abroad are | :28:25. | :28:28. | |
checking in the whole of 2014. We got hits for each of the four | :28:29. | :28:33. | |
countries. We got hits to serious crimes and people you are French, | :28:34. | :28:39. | |
Dutch, remain young, Albanian. We did not get hits two Britons. -- | :28:40. | :28:45. | |
Romanian. Crucially, this is leading to... INAUDIBLE a DNA crime scene | :28:46. | :28:54. | |
profile recovered from an attempted rape was sent to all four preferment | :28:55. | :29:01. | |
pilot countries. The profile held in France. After further cooperation | :29:02. | :29:08. | |
with France, the National Crime Agency obtained demographic | :29:09. | :29:11. | |
information on a Romanian National. This individual was stopped in | :29:12. | :29:14. | |
London in November this year on suspicion of a motoring offence | :29:15. | :29:18. | |
which would not have led to a DNA search being taken. Due to the Prum | :29:19. | :29:25. | |
hit, the warrant for his arrest was revealed. He was arrested and | :29:26. | :29:27. | |
charged with the attempted rape and is currently on remand. In other | :29:28. | :29:31. | |
cases of rape we know the police have requested extradition papers. | :29:32. | :29:36. | |
As the director-general of the National Crime Agency has said, | :29:37. | :29:40. | |
these would not have been without the pilot. Is because of cases like | :29:41. | :29:46. | |
this but the director of public and have said that Prum will reduce the | :29:47. | :29:52. | |
number of unsolved crimes, such as murder and rape, committed by | :29:53. | :29:55. | |
foreign nationals. And improve service to public, victims and | :29:56. | :30:02. | |
families. We will set in place a process that will catch foreign | :30:03. | :30:04. | |
nationals who have committed crimes here. We will set in place a process | :30:05. | :30:09. | |
by which criminals can be deported and by which bring nationals who | :30:10. | :30:13. | |
have committed crimes in the UK can be linked to crimes abroad and sent | :30:14. | :30:17. | |
to those countries to stand trial. In short, it will be a vote to keep | :30:18. | :30:21. | |
foreign criminals off our streets and make communities safer. The | :30:22. | :30:26. | |
numbers are stark. If and I hope when the UK connects with all other | :30:27. | :30:30. | |
Prum countries, evidence suggests there could be up to 8000 verified | :30:31. | :30:33. | |
hits following the initial connection. Up to 8000 foreign | :30:34. | :30:39. | |
criminals are police can track down for crimes they have committed in | :30:40. | :30:43. | |
the UK. There will be an ongoing daily process which will produce | :30:44. | :30:46. | |
more hits. Such exchanges will become part of business as usual. | :30:47. | :30:53. | |
This is the sort of process we must grasp. Experience and those already | :30:54. | :30:58. | |
operating in other countries shows how important it is. To those who | :30:59. | :31:03. | |
say we don't need to be in Prum to do this, I think we should look at | :31:04. | :31:08. | |
the figures. The existing processors are so cumbersome and convoluted | :31:09. | :31:13. | |
that last year police sent just 69 DNA profiles abroad. The ease of the | :31:14. | :31:18. | |
processes we used in the pilot means we've already sent 14,000% more this | :31:19. | :31:23. | |
year. And changing the Interpol process would require the agreement | :31:24. | :31:29. | |
of all into poor members. A near impossibility. -- all Interpol | :31:30. | :31:34. | |
members. It is not true we can go on to other processes. Countries signed | :31:35. | :31:41. | |
up to Prum can also check the EU database containing the fingerprints | :31:42. | :31:45. | |
of asylum seekers and others detained illegally crossing the | :31:46. | :31:49. | |
borders of the EU. It was this ability to make checks with that | :31:50. | :31:52. | |
database that allowed Austrian authorities to identify eight of the | :31:53. | :31:56. | |
71 people tragically found dead in the back of a lorry on the 27th of | :31:57. | :32:01. | |
August. It was that thing ability that allows the Austrians to | :32:02. | :32:04. | |
identify one of the suspects in that case. -- that same ability. We also | :32:05. | :32:10. | |
know one of the individuals involved in the Paris attacks and the EU | :32:11. | :32:16. | |
through grease. Police across the whole of the United kingdoms -- we | :32:17. | :32:25. | |
have engaged closely with Police Scotland, the Northern Ireland | :32:26. | :32:28. | |
Department of Justice and police service Northern Ireland. Their | :32:29. | :32:32. | |
views have been given a great deal of weight when formulating our | :32:33. | :32:40. | |
policy. That is why all of those organisations will have places on | :32:41. | :32:44. | |
the oversight group. Their views will continue to be important | :32:45. | :32:49. | |
personally and to the Government more generally as we progress this | :32:50. | :32:54. | |
matter. We will consider the honourable and learn it lady, the | :32:55. | :32:59. | |
member for Edinburgh South West. We will ensure every member of the | :33:00. | :33:04. | |
Magic Kingdom has their voice heard. I am sure that is why I received | :33:05. | :33:09. | |
letters of support. -- every member of the United Kingdom. And also from | :33:10. | :33:16. | |
Bernard Hogan Howe, who has said that the scale of the potential for | :33:17. | :33:20. | |
individuals to commit crime across Europe is such that a solution such | :33:21. | :33:25. | |
as Prum, with all the necessary safeguards, is the only effective | :33:26. | :33:28. | |
way to track down these dangerous criminals. | :33:29. | :33:32. | |
I agree wholeheartedly and I give way. | :33:33. | :33:38. | |
I am as keen as anybody to ensure that our streets are safe. Can you | :33:39. | :33:42. | |
assure the House that these powers can be exercised by our immigration | :33:43. | :33:48. | |
authorities at the point of entry in relation to anybody seeking to come | :33:49. | :33:52. | |
into this country, whether they be an EU citizen or from outside the | :33:53. | :33:55. | |
EU? There are separate arrangements. One | :33:56. | :34:01. | |
of the reasons we opted back into this was to give immigration | :34:02. | :34:07. | |
officials the ability to deal with issues as people come across the | :34:08. | :34:12. | |
border. It is possible to check the EU database for the fingerprints of | :34:13. | :34:15. | |
asylum seekers and others detained illegally crossing borders of the | :34:16. | :34:20. | |
EU. I welcome the fact that my right honourable friend said he fully | :34:21. | :34:25. | |
supported being able to take measures that enable us to take | :34:26. | :34:28. | |
measures and catch criminals and identify those who should be brought | :34:29. | :34:31. | |
to justice. I look forward to him joining me in the lobby to going to | :34:32. | :34:36. | |
Prum this evening. While it is incumbent on us to give the police | :34:37. | :34:41. | |
they need, it is also incumbent on us to balance that against any Civil | :34:42. | :34:44. | |
Liberties worries that some may have. We haven't made this decision | :34:45. | :34:49. | |
without looking at how we can protect British citizens. I was | :34:50. | :34:53. | |
proud to be a member of the Government that abolished ID cards. | :34:54. | :34:58. | |
And that stopped the indefinite retention of DNA profiles and | :34:59. | :35:00. | |
fingerprints of those arrested and not convicted. And proud that we | :35:01. | :35:07. | |
were formed stop and search. Where there are genuine concerns, I have. | :35:08. | :35:13. | |
The first concern I have heard is that innocent Britons could get | :35:14. | :35:16. | |
caught up in overseas investigations. I believe this is | :35:17. | :35:18. | |
about catching criminals so we should ensure that only DNA profiles | :35:19. | :35:24. | |
of those convicted of a crime can be searched again and we will write | :35:25. | :35:29. | |
that into legislation. Secondly, there has been concerned that some | :35:30. | :35:31. | |
countries lose lower scientific standards than the UK. -- use lower | :35:32. | :35:38. | |
scientific standards. There was concern it could lead to false | :35:39. | :35:42. | |
positives. That is why we will legislate to ensure that UK | :35:43. | :35:45. | |
scientific standards will apply before any personal data can be | :35:46. | :35:52. | |
revealed. This means we will be -- there will be a less than one in 1 | :35:53. | :35:55. | |
billion chants of the match not being true. We accept these | :35:56. | :36:03. | |
standards locally and I suggest we employ them internationally. | :36:04. | :36:13. | |
I support the safeguards, but can you explain how you will ensure they | :36:14. | :36:17. | |
remain in place after the UK has been brought within the jurisdiction | :36:18. | :36:23. | |
of the... Of the cause of justice of the European union. | :36:24. | :36:28. | |
That is because how we deal with the data on the databases here is a | :36:29. | :36:35. | |
national matter. The European Court of Justice does have some | :36:36. | :36:38. | |
jurisdiction that they have jurisdiction over the process of the | :36:39. | :36:44. | |
hit, no hit process, that mechanism that takes place. Beyond that it is | :36:45. | :36:52. | |
within... How we hold the process on the database is a matter for | :36:53. | :36:56. | |
national decision. I understand that this will bring | :36:57. | :37:01. | |
the whole of our arrangements under the Charter of fundamental rights. | :37:02. | :37:05. | |
Therefore the manner in which we retain DNA will be subject to | :37:06. | :37:08. | |
European standards rather than standards set by this house. | :37:09. | :37:14. | |
No... I have to say that we are able to determine the database, how and | :37:15. | :37:21. | |
what we hold, is a matter for national decision. Articles two, one | :37:22. | :37:28. | |
and three of the principal Prum decision say we need to inform the | :37:29. | :37:31. | |
general public but which profiles will be made available for searching | :37:32. | :37:36. | |
under Prum. Article five of the principal Prum decision-makers clear | :37:37. | :37:40. | |
that the fault process to a head is subject to national law, not EU law. | :37:41. | :37:50. | |
You have made a persuasive case. Can I ask for a moment of clarity as the | :37:51. | :37:54. | |
expansion of judicial engagement into areas that of formerly been for | :37:55. | :38:00. | |
the court of Parliament, I was wondering if you could just make it | :38:01. | :38:04. | |
very clear the remit of the UK courts on this matter so that when | :38:05. | :38:11. | |
it gets to a judicial review or a trial in front of the Supreme Court, | :38:12. | :38:17. | |
they look back on the work spoken in the dispatch box today and see the | :38:18. | :38:21. | |
will of Parliament in the decision and not the interpretation and they | :38:22. | :38:24. | |
choose to make at that particular moment? | :38:25. | :38:28. | |
I'm happy to say to my honourable friend not only that I am willing to | :38:29. | :38:32. | |
make a comment, which I will do now, about the application of the | :38:33. | :38:37. | |
European Court of Justice's jurisdiction in relation to our | :38:38. | :38:40. | |
position. But in terms of the legislation. You will find if you | :38:41. | :38:43. | |
look at the command paper that we are making clear those areas where | :38:44. | :38:48. | |
national law applies. And indeed other tries to indicate earlier, the | :38:49. | :38:53. | |
Prum Decisions are all about the exchange of data, not the manner in | :38:54. | :38:58. | |
which the data is held here in the UK. Article 72 makes it clear that | :38:59. | :39:02. | |
how we deal with DNA for our own security is a matter for member | :39:03. | :39:05. | |
states and not for European jurisdiction. Just as a further | :39:06. | :39:11. | |
safeguard, we will ensure that if a person is a minor when a DNA or | :39:12. | :39:15. | |
fingerprints were taken, demographic details can only be released if a | :39:16. | :39:18. | |
formal judicial request for assistance is made. Finally, as I | :39:19. | :39:24. | |
made reference earlier, I will establish an independent oversight | :39:25. | :39:27. | |
board to ensure Prum operate effectively. Commissioners will have | :39:28. | :39:33. | |
seats on that board, so raw the Scottish police authority and other | :39:34. | :39:36. | |
bodies from Scotland and northern Ireland. It's because all of these | :39:37. | :39:42. | |
clear and stringent safeguards, it's because of all of these at the | :39:43. | :39:46. | |
National DNA ethics board felt they could write to me in support of our | :39:47. | :39:50. | |
decision to participate. I hope that those who have principal Civil | :39:51. | :39:55. | |
Liberties concerns will listen to their views. There are costs | :39:56. | :39:59. | |
associated with implementing this. When Labour signed up, they | :40:00. | :40:05. | |
estimated a ?31 million cost. That was without providing any safeguards | :40:06. | :40:08. | |
and without ensuring that Scotland and Northern Ireland would benefit | :40:09. | :40:12. | |
fully. I have looked at this carefully and I am pleased to tell | :40:13. | :40:16. | |
the House that at the same time as ensuring operational benefits | :40:17. | :40:20. | |
nationwide, UK citizens get the protection they deserve, the | :40:21. | :40:22. | |
Government will only need to spend ?30 million. Money spent | :40:23. | :40:27. | |
implementing approval be recouped many times over. Members may have | :40:28. | :40:37. | |
heard about it woman attacked and raped for dead in Beeston. West | :40:38. | :40:41. | |
Yorkshire Police had only the victim's statement and the | :40:42. | :40:45. | |
attacker's DNA. Suspecting that the assailant may not have been British, | :40:46. | :40:50. | |
they submitted forms to Interpol and had the DNA profile searched against | :40:51. | :40:53. | |
profiles held in other European countries. In two over two and a | :40:54. | :40:58. | |
half months before a match was found in Slovakia. During that time, | :40:59. | :41:06. | |
police had an followed over 1400 separate lines of enquiry after high | :41:07. | :41:11. | |
cost. If it had been done good Prum, it would have taken 15 minutes. Just | :41:12. | :41:15. | |
think of the time and money that would save the police, not to | :41:16. | :41:20. | |
mention the benefit of the victim of knowing her attacker would be | :41:21. | :41:23. | |
brought to justice. I can agree with Russell Foster. I'm going to... I | :41:24. | :41:31. | |
need to make progress. The Assistant Chief Constable in West Yorkshire | :41:32. | :41:35. | |
has said, I can state without any doubt whatsoever that enabling the | :41:36. | :41:39. | |
EU Prum Decisions in this country will be of significant benefits to | :41:40. | :41:43. | |
all UK law enforcement agencies. Do we want to save the police time and | :41:44. | :41:48. | |
money? Do we want to catch more foreign criminals? Do we want to | :41:49. | :41:53. | |
speed up and improve our cooperation with our closest allies? Do we want | :41:54. | :41:56. | |
to extend the reach of our police across Europe? Do we want to benefit | :41:57. | :42:03. | |
the whole of the United Kingdom? The answer to all these questions has to | :42:04. | :42:06. | |
be yes and with the safeguards I've set out today I am confident we can | :42:07. | :42:11. | |
protect the British public was also protecting Civil Liberties. Prum | :42:12. | :42:19. | |
means more crimes solved or justice for victims. Money saved. All of the | :42:20. | :42:24. | |
United Kingdom benefiting and civil liberties protected. Signing up to | :42:25. | :42:27. | |
Prum is in the national interest and I commend this motion to the House. | :42:28. | :42:33. | |
One big question is added on the order paper. Andy Burnham. Back in | :42:34. | :42:42. | |
what feels like the mists of time, May 2005, to be precise, I was | :42:43. | :42:48. | |
appointed to the Home Office and given responsibility for the | :42:49. | :42:52. | |
development of the European Arrest Warrant. I think about the | :42:53. | :42:56. | |
discussions I used to have with the honourable member for Stone on the | :42:57. | :43:02. | |
issue. I also remember how the nature of that debate changed | :43:03. | :43:07. | |
quickly in the aftermath of the seven slash seven bombings and in | :43:08. | :43:11. | |
the field bombings on the 24th of July. It was found one of the bomb | :43:12. | :43:17. | |
went to the Eurostar to Paris in the immediate aftermath of that failed | :43:18. | :43:21. | |
bombing and travelled on to Rome where he was finally arrested on | :43:22. | :43:26. | |
July the 29th. European arrest warrant was issued by the British | :43:27. | :43:32. | |
police, agreed by the Italian courts on August 17 and after an appeal was | :43:33. | :43:37. | |
rejected he was flown back to the UK on the 22nd of September, just two | :43:38. | :43:42. | |
was a case that proved the value of was a case that proved the value of | :43:43. | :43:48. | |
the European arrest warrant, to the heat out of the political debate | :43:49. | :43:52. | |
about it and illustrated how the security of people here in the UK is | :43:53. | :43:57. | |
in fact better self I ever closer cooperation between European law | :43:58. | :44:02. | |
enforcement agencies. I give way to the honourable gentleman. As the | :44:03. | :44:06. | |
right honourable gentleman is referred to me just now, can I just | :44:07. | :44:11. | |
say that in Staffordshire there was a case under the European arrest | :44:12. | :44:14. | |
warrant where a person was actively convicted of murder and was made | :44:15. | :44:21. | |
subject to penalties and it was clear from subsequent evidence he | :44:22. | :44:26. | |
wasn't even in Italy at the time, he was in Staffordshire. There are many | :44:27. | :44:34. | |
similar examples. In any process, judicial process, there is the | :44:35. | :44:38. | |
potential for mistakes and the miscarriage of justice. I would like | :44:39. | :44:42. | |
to know without the honourable gentleman is honestly saying that he | :44:43. | :44:44. | |
was right way back then about the European arrest warrant and that it | :44:45. | :44:49. | |
has been a bad thing and should be scrapped. I think he would be in a | :44:50. | :44:55. | |
small minority, as people have seen the benefits that have come to UK | :44:56. | :44:59. | |
law enforcement since its introduction. I mention that case at | :45:00. | :45:03. | |
the beginning of the day's debate because I see a parallel between | :45:04. | :45:08. | |
that debate and address. Ten years on, as the Home Secretary said, we | :45:09. | :45:15. | |
find ourselves in the aftermath of a horrific attack in one member state | :45:16. | :45:18. | |
that was conceived and planned in another. I'm not the letter she has | :45:19. | :45:26. | |
received from the minister encouraging our full participation | :45:27. | :45:30. | |
in Prum. In these difficult times all others in this Howes have an | :45:31. | :45:35. | |
obligation to consider every possible measure to protect public. | :45:36. | :45:42. | |
It seems to me the case for greater data sharing access to data across | :45:43. | :45:47. | |
Europe is now unanswerable and we have an obligation to support it. It | :45:48. | :45:52. | |
is no exaggeration to say our national security depends upon it. | :45:53. | :45:58. | |
This is why, as the Home Secretary said, the last Labour Government | :45:59. | :46:02. | |
took the original decision to sign to the Prum in 2007, recognising | :46:03. | :46:08. | |
their potential for our law enforcement agencies. It is also | :46:09. | :46:15. | |
why, back in July 2013, we explicitly warned the Government | :46:16. | :46:19. | |
against opting out of a whole range of EU Justice and home affairs | :46:20. | :46:24. | |
measures, including Prum. As I understand it, the Government | :46:25. | :46:29. | |
received warnings from other senior figures in UK law enforcement and | :46:30. | :46:34. | |
they should have listened to them, Madam Deputy Speaker, because, as | :46:35. | :46:39. | |
was pointed out back then, that decision seemed to be driven less by | :46:40. | :46:44. | |
an objective assessment of the impact on crime prevention and | :46:45. | :46:49. | |
detection, and more a political desire to appease the never | :46:50. | :46:53. | |
satisfied forces of the euro scepticism on the benches opposite. | :46:54. | :46:58. | |
As tempting as it is to say we told you so to the Home Secretary today | :46:59. | :47:03. | |
will try and resist that and instead congratulate our eventually arriving | :47:04. | :47:08. | |
at the right decision and encourage her to resist the forces of darkness | :47:09. | :47:13. | |
who are again revealing their heads today. I will give weight to my | :47:14. | :47:21. | |
honourable friend. In fact, the Home Secretary's speech today was the two | :47:22. | :47:26. | |
at the fourth as to why we should have been in Prum last year. Think | :47:27. | :47:31. | |
of the number of criminals we could have caught, or potential terrorists | :47:32. | :47:36. | |
are found if we had only joined one year ago. It was a compelling -- yet | :47:37. | :47:43. | |
it was a compelling and powerful case the Home Secretary has just set | :47:44. | :47:49. | |
out. Revealing the zeal of the convert to the case and she was | :47:50. | :47:55. | |
right to make her case with such force. I would say and I'm sure my | :47:56. | :48:00. | |
right honourable friend would agree with me, the problem with the motion | :48:01. | :48:06. | |
in the name of the member for Stone and others the ceiling is simple, it | :48:07. | :48:13. | |
invites the house to prioritise the civil liberties are British citizens | :48:14. | :48:18. | |
and risks UK sovereignty over and above risks to national security. | :48:19. | :48:23. | |
That is what the amendment to the main motion invites us to do. Of | :48:24. | :48:29. | |
course our liberties and sovereignty are important considerations, but | :48:30. | :48:34. | |
the safety of the public must come first and indeed that is the primary | :48:35. | :48:39. | |
duty of any Government and that is why the Government is right not to | :48:40. | :48:46. | |
listen to the honourable member. The truth is they got themselves into | :48:47. | :48:50. | |
difficulty two years ago by listening to those forces and local | :48:51. | :48:53. | |
members on the Government benches will not make the same mistake | :48:54. | :48:57. | |
today. I hope they will learn an important lesson from this episode. | :48:58. | :49:04. | |
It was the European Council that required the Government after | :49:05. | :49:08. | |
notification of the opt out to conduct and publish in business and | :49:09. | :49:13. | |
implementation case assessing the costs and benefits of Prum. In other | :49:14. | :49:17. | |
words. The EU forced the UK Government to face up to the | :49:18. | :49:21. | |
benefits of European cooperation and in bringing this motion today house | :49:22. | :49:24. | |
tonight they are effectively conceding the EU was right all | :49:25. | :49:29. | |
along. That assessment was informed by a pilot undertaken earlier this | :49:30. | :49:33. | |
year that the Home Secretary referred to. It found an | :49:34. | :49:40. | |
overwhelming case to opt back in. It involved DNA samples from 2530 | :49:41. | :49:45. | |
unsolved British motors, rates and burglaries that were automatically | :49:46. | :49:50. | |
checked against European police databases, searching the profiles | :49:51. | :49:55. | |
against the databases of those member states revealed 71 seeing the | :49:56. | :50:06. | |
person matches and 41 scene to scene matches. I give way. On his earlier | :50:07. | :50:16. | |
point, it is not the greatest defence of security the civil | :50:17. | :50:20. | |
liberties of the people? I would put it to the honourable gentleman that | :50:21. | :50:27. | |
security comes first and that is the primary duty of any government-to | :50:28. | :50:34. | |
keep the public safe. Once we have secured people's safety, their | :50:35. | :50:39. | |
liberty comes from that security and that is why I believe the motion | :50:40. | :50:44. | |
that is before the House tonight is before the Houston eight has got | :50:45. | :50:48. | |
things the wrong way round. I considered there are incredibly | :50:49. | :50:51. | |
important considerations but they are not more important than national | :50:52. | :50:55. | |
security and any measures that enhance the security of the public | :50:56. | :51:01. | |
in the end contribute to enhancing their liberty and that is why | :51:02. | :51:05. | |
security must come first. As well as the matches the pilot found, it also | :51:06. | :51:11. | |
found that information was provided in a much more timely manner that it | :51:12. | :51:17. | |
had been under the old arrangements. In a matter of seconds, minutes or | :51:18. | :51:22. | |
hours, drastically improving the speed and quality of | :51:23. | :51:26. | |
investigations. At present, request by the British police DNA checks | :51:27. | :51:30. | |
with other European forces require a request to the National crime agency | :51:31. | :51:34. | |
which is then passed to Interpol before being passed to the relevant | :51:35. | :51:39. | |
national police force. On average this takes 143 days for the results | :51:40. | :51:45. | |
to come back. It is clear the benefits the UK law enforcement of | :51:46. | :51:48. | |
opting in to come back. It is clear the benefits the UK law enforcement | :51:49. | :51:51. | |
of opting into the Prum decisions are clear intent of speed of | :51:52. | :51:56. | |
investigation and resources. DNA checks available than 15 seconds. | :51:57. | :52:01. | |
Numberplate checks within ten seconds. Fingerprint matches within | :52:02. | :52:08. | |
24 hours. She is emphasising the importance of DNA checks. Can he | :52:09. | :52:14. | |
explain why the regulations specifically exclude the possibility | :52:15. | :52:18. | |
of being able to take DNA samples from asylum seekers who are entering | :52:19. | :52:26. | |
the European Union? I think that is to conflate two issues. That is not | :52:27. | :52:30. | |
the issue we are discussing today. Let's be clear, so there is no | :52:31. | :52:35. | |
misconceptions about this debate, we're talking here about the DNA of | :52:36. | :52:40. | |
people convicted, if I understand the Home Secretary correctly, of a | :52:41. | :52:46. | |
recordable crime. It seems to me that that provide sufficient | :52:47. | :52:51. | |
safeguard against the abuse of such data. If he is making an argument | :52:52. | :52:58. | |
for the wider collection of DNA as opposed to fingerprints, because | :52:59. | :53:02. | |
fingerprints of people entering the country are collected, that would | :53:03. | :53:05. | |
raise other civil liberties concerns that he would have to discuss with | :53:06. | :53:06. | |
his colleagues. It seems to me he is his colleagues. It seems to me he is | :53:07. | :53:11. | |
in bridging going even further than the Prum decisions. I do not believe | :53:12. | :53:16. | |
we're at that point yet but perhaps he would like to return to that | :53:17. | :53:21. | |
point with his right honourable friend the Home Secretary. If these | :53:22. | :53:25. | |
things in which we live, Madam Deputy Speaker, the speed of | :53:26. | :53:29. | |
investigation is essential. I would invite every member of this house to | :53:30. | :53:34. | |
cast their minds back to those hours after we heard about the Paris | :53:35. | :53:41. | |
bombings, or indeed the hours after the shocking attacks in London a | :53:42. | :53:47. | |
decade or so ago. People hanging on the news, waiting for news of Leeds | :53:48. | :53:51. | |
against those who may have committed these atrocities. That is what | :53:52. | :53:57. | |
people want, they want the police and security services, in those | :53:58. | :54:01. | |
moments, too that the cleanest line of sight possible across Europe so | :54:02. | :54:06. | |
they can pursue immediate Leeds to track down those people. That is | :54:07. | :54:10. | |
what we need to remember when we consider these issues before the | :54:11. | :54:15. | |
house tonight. Whether or not we are prepared to give the police and | :54:16. | :54:19. | |
security services, not just here, but across Europe, that ability to | :54:20. | :54:24. | |
get on the trail of people, committing atrocities against us and | :54:25. | :54:28. | |
track them down and in my view the case this unanswerable. We should | :54:29. | :54:34. | |
give them that power. We should also ensure British police and security | :54:35. | :54:41. | |
services have access to a much larger collection of biometric | :54:42. | :54:46. | |
biographical data, which will lead to many more crimes she being sold | :54:47. | :54:51. | |
that are currently unsolved. More victims if you are getting justice, | :54:52. | :54:56. | |
which today they are denied. That must also be something in the | :54:57. | :55:01. | |
forefront of our minds bash the earlier detection of crimes and the | :55:02. | :55:06. | |
conviction of those responsible. Would you like as other countries to | :55:07. | :55:18. | |
join Prum, such as Iceland 's? I personally see no objection to that, | :55:19. | :55:24. | |
Madam Deputy Speaker,. I thinks that within Europe and get a clear set of | :55:25. | :55:28. | |
standards and arrangements within Europe. One of the benefits of the | :55:29. | :55:32. | |
EU which I would put Julie honourable gentleman is that it sets | :55:33. | :55:35. | |
the standards that the rest of the world then begins to follow and we | :55:36. | :55:39. | |
see that now with Norway and Iceland. They in effect how to | :55:40. | :55:45. | |
follow all the norms of the EU if they want to be a trading partner, | :55:46. | :55:51. | |
full partner, so I would not see a problem because the Home Secretary | :55:52. | :55:54. | |
has said there are many safeguards here. Would the honourable gentleman | :55:55. | :55:59. | |
be happy with someone committing a crime here, going back to Iceland | :56:00. | :56:03. | |
and then avoiding justice? No, I would not be happy with that and I | :56:04. | :56:08. | |
would with majors in place to ensure they could be brought to justice. It | :56:09. | :56:14. | |
will also lead to much better use of police time and resources as the | :56:15. | :56:19. | |
Home Secretary has said, and indeed, improve the intelligence picture | :56:20. | :56:24. | |
that the crime and terrorism authorities have. In order so they | :56:25. | :56:30. | |
can better understand the pattern that are taking place across Europe. | :56:31. | :56:31. | |
I give way. I want to tease out a tiny bit | :56:32. | :56:41. | |
further because he said earlier that security trumps civil liberties. Do | :56:42. | :56:45. | |
you believe that security trumps the protection of our common-law system? | :56:46. | :56:53. | |
I would reiterate that security comes first. It is the first | :56:54. | :56:58. | |
responsibility of any government to secure the people who live here. To | :56:59. | :57:03. | |
take reasonable measures to reduce the risk to them. From that | :57:04. | :57:08. | |
foundation of security comes all of our traditions, our laws and our | :57:09. | :57:14. | |
liberties. That's why I would say that cooperation in this field is a | :57:15. | :57:20. | |
good thing, giving about the nature of crime now is international. If we | :57:21. | :57:24. | |
fail to understand that, our own legal system will never be able to | :57:25. | :57:31. | |
respond to the changing nature of crime that we face. I give way. | :57:32. | :57:38. | |
I agree with the appointees making that it's sensible to cooperate, but | :57:39. | :57:42. | |
does this cooperation and need the institution of the European Union? | :57:43. | :57:47. | |
Why shouldn't it, if the corporation is improved by the institution of | :57:48. | :57:52. | |
the European Union? He is putting a kind of in-built dislike and | :57:53. | :57:56. | |
distrust of those institutions are head of the actual issue before us. | :57:57. | :58:01. | |
This is what I think some honourable members on the other side are doing. | :58:02. | :58:07. | |
Judge this on its merits. Surely the better you can facilitate that | :58:08. | :58:09. | |
cooperation, the more benefit it will bring back to the police and | :58:10. | :58:14. | |
security services? If I was working through established institutions I | :58:15. | :58:18. | |
would imagine that cooperation will be enhanced rather than making ad | :58:19. | :58:22. | |
hoc arrangements government to government. That is the benefit of | :58:23. | :58:26. | |
the European Union, which I know he probably doesn't accept. I would say | :58:27. | :58:30. | |
that the Government has come to the right decision, albeit in a | :58:31. | :58:37. | |
roundabout way. But I would like to press the Home Secretary on a few | :58:38. | :58:42. | |
points of detail. First, cost. She said in her remarks that back when | :58:43. | :58:47. | |
the original assessment was made about the cost of opting in to Prum, | :58:48. | :58:53. | |
the cost was 31 million. She now says it is 13 million. We are | :58:54. | :58:57. | |
prepared to accept that now on face value, but she can she say what is | :58:58. | :59:03. | |
acceptable for such a significant reduction in the cost? The business | :59:04. | :59:07. | |
and implementation case say the Testament is based on a high-level | :59:08. | :59:11. | |
requirement. It implies it isn't a fully fledged level of Prum, just a | :59:12. | :59:18. | |
high-level. And what are the downstream operational running costs | :59:19. | :59:22. | |
that the business refers to? How much will it cost every year to run | :59:23. | :59:29. | |
the systems that are bent -- set against the benefits she says it | :59:30. | :59:34. | |
would bring? Can she also say watch the UK will be liable to pay back if | :59:35. | :59:44. | |
the House doesn't back this decision this evening? I understand it is a | :59:45. | :59:47. | |
significant sum of money, maybe it would help the house to know that. | :59:48. | :59:54. | |
We welcome the appointment of the oversight board. There is concern, | :59:55. | :00:00. | |
however, that extradition should not be possible under a European arrest | :00:01. | :00:05. | |
warrant purely on the basis of a DNA or a fingerprint match. I think this | :00:06. | :00:09. | |
was the point that the honourable gentleman for Orkney and Shetland | :00:10. | :00:13. | |
was raising earlier. I understand that other corroborating evidence | :00:14. | :00:19. | |
should also be required before extradition can be granted. I think | :00:20. | :00:23. | |
the Home Secretary was confirming that, but it would be helpful to the | :00:24. | :00:26. | |
House if she could stay a little more on that at some point. I'm | :00:27. | :00:34. | |
reassured that... I apologise to the member for Orkney | :00:35. | :00:41. | |
if I slightly misunderstood the question that he had asked. It'll be | :00:42. | :00:47. | |
my expectation of the European arrest warrant would require more | :00:48. | :00:50. | |
evidence. We have put a number of safeguards in to the way in which | :00:51. | :00:54. | |
European arrest warrant is operated to ensure that we don't see people | :00:55. | :00:59. | |
erroneously being extradited from the UK. I would expect there to be | :01:00. | :01:03. | |
more evidence on the basis of the European arrest warrant being | :01:04. | :01:07. | |
issued. Normally those processes will apply even when there has been | :01:08. | :01:10. | |
a Prum hit. I think the whole house will find | :01:11. | :01:14. | |
that explanation helpful because I have shared concerns with others but | :01:15. | :01:20. | |
if the match could then trigger a European arrest warrant immediately | :01:21. | :01:23. | |
without any other evidence, everybody would find that's | :01:24. | :01:26. | |
worrying. She has reassured the House on that point. It is also | :01:27. | :01:33. | |
reassuring that it's only people convicted of recordable crime that | :01:34. | :01:36. | |
can be searched by another police force. That still doesn't take away | :01:37. | :01:42. | |
the higher level of concern that there would be about the sharing of | :01:43. | :01:46. | |
DNA profiles from named individuals. I think that would be | :01:47. | :01:49. | |
where a lot of concern about this is. Can the Home Secretary say | :01:50. | :01:54. | |
whether she feels the need to be a higher proportionality test in this | :01:55. | :01:59. | |
area links to more serious crime and terrorism, and whether she would | :02:00. | :02:03. | |
favour such a strict test before DNA information can be shared with | :02:04. | :02:08. | |
another police force? That would be something where perhaps a higher | :02:09. | :02:12. | |
safeguard could be introduced. It might limit blanket person to person | :02:13. | :02:16. | |
searches which bring potential for abuse. Could she say who would | :02:17. | :02:20. | |
actually take the decision whether or not to share personal information | :02:21. | :02:27. | |
if a match is made? Would it be a designated individual within a | :02:28. | :02:30. | |
police force, or would all decisions be taken at national level by MCA | :02:31. | :02:40. | |
officials? I think it is important to have clarity about who would be | :02:41. | :02:43. | |
making these decisions. If it is an individual only making one or two in | :02:44. | :02:47. | |
the course of a year as opposed to officials dealing with many of them, | :02:48. | :02:50. | |
people would have more confidence if they were dealing with a good number | :02:51. | :02:54. | |
so they were able to weed out the more frivolous requests. Can she say | :02:55. | :02:59. | |
whether all participating nations will collect DNA profiles from crime | :03:00. | :03:06. | |
scenes using a shared quality assurance standard? That, too, is a | :03:07. | :03:10. | |
cause of concern that there isn't uniformity across Europe on those | :03:11. | :03:13. | |
points and people will want to be reassured on it. Finally, if she | :03:14. | :03:20. | |
could say something about the extent to which the jurisdiction of the | :03:21. | :03:24. | |
European Court of Justice is extended by the Prum decision if we | :03:25. | :03:30. | |
choose to opt into it. As I understand, it is quite a minor | :03:31. | :03:35. | |
extension of their jurisdiction. The fear is not as expressed by some in | :03:36. | :03:39. | |
the motion of this evening. If you could say exactly what it does to | :03:40. | :03:47. | |
extend the jurisdiction. With those caveats, and they are just caveats, | :03:48. | :03:52. | |
I would want to conclude by saying we believe on these benches that the | :03:53. | :03:57. | |
Government has reached the right decision. Albeit in a roundabout | :03:58. | :04:00. | |
way. But they do deserve our support this evening. I hope they will agree | :04:01. | :04:06. | |
with me that this whole issue and the way in which this point has been | :04:07. | :04:11. | |
reached illustrates how our continued membership of the European | :04:12. | :04:17. | |
Union in Hanson is the security of our country in these difficult times | :04:18. | :04:22. | |
-- enhancers. The Home Secretary has made a convincing and powerful case | :04:23. | :04:26. | |
tonight to rejoin the Prum decision and she will have our support in | :04:27. | :04:31. | |
taking an important step to catch more criminals and keep our country | :04:32. | :04:34. | |
safe. Sir William Cash. | :04:35. | :04:42. | |
Thank you. In these troubling times, this debate raises troubling | :04:43. | :04:48. | |
questions in respect of vital matters of policy and of principle. | :04:49. | :04:53. | |
And not only for the United Kingdom as a whole and our Parliament, but | :04:54. | :04:58. | |
also our civil liberties and our common law. First and foremost, | :04:59. | :05:05. | |
before reaching a decision on our participation in Prum, we should | :05:06. | :05:10. | |
weigh carefully the implications for our Parliamentary sovereignty from | :05:11. | :05:14. | |
which all law should ultimately derive. The Government should have | :05:15. | :05:20. | |
clearly set out the areas in which the United Kingdom would be | :05:21. | :05:23. | |
accepting exclusive EU competence by opting into Prum, which means that | :05:24. | :05:30. | |
only the EU could act in those areas and take the decision away from | :05:31. | :05:39. | |
Parliament. How assiduously has the Government considered alternative | :05:40. | :05:43. | |
means of securing the benefits that Prum offers in a way that will be | :05:44. | :05:49. | |
less damaging to our Parliamentary sovereignty? Secondly, in a written | :05:50. | :05:57. | |
act of the EU as a whole, what is so special about our concerns regarding | :05:58. | :06:03. | |
security and the question of terrorism and organised crime, and | :06:04. | :06:06. | |
all these things which we all deplore and wants to control that | :06:07. | :06:10. | |
makes it so special about the European Union itself has compared | :06:11. | :06:17. | |
an example in relation to matters which arise in other parts of the | :06:18. | :06:21. | |
world? What is the real distinction to be drawn in terms of protecting | :06:22. | :06:25. | |
our citizens, whether it is the EU on the one hand or any of the other | :06:26. | :06:31. | |
countries in the world on the other? Secondly, by participating in Prum, | :06:32. | :06:34. | |
the United Kingdom would be compelled to accept the jurisdiction | :06:35. | :06:39. | |
of the Court of Justice. The extension of that court's | :06:40. | :06:43. | |
jurisdiction under the Lisbon and treaty to sense that areas of | :06:44. | :06:50. | |
criminal law was the key factor in the previous government's decision | :06:51. | :06:54. | |
to opt out... Of course. Listen carefully to what he said. He | :06:55. | :07:01. | |
asked what is so special about national security in that it | :07:02. | :07:05. | |
requires... He did. Which means it requires a European dimension. Does | :07:06. | :07:12. | |
he not agree that the Paris attacks were exclusively planned in another | :07:13. | :07:17. | |
member state and says his question? No, it does not. Because the reasons | :07:18. | :07:22. | |
why that terrible carnage took place have a great deal to do with the | :07:23. | :07:27. | |
insecurity and instability as a result of the failure is of border | :07:28. | :07:32. | |
controls, and the manner in which people made their way to Paris. We | :07:33. | :07:36. | |
haven't got time and it's not the subject of this debate to go into | :07:37. | :07:41. | |
all those matters here and now, but I question whether in fact the | :07:42. | :07:46. | |
national security, with respect to the United Kingdom's citizens, which | :07:47. | :07:50. | |
is our prime concern here, will be advanced by surrendering of these | :07:51. | :07:54. | |
powers to the European Court. I shall continue. The question of the | :07:55. | :08:02. | |
Government, even today, arises that the Government concedes itself. | :08:03. | :08:10. | |
Accepting the court's jurisdiction would not be risk-free, the | :08:11. | :08:15. | |
Government should have explained what practical impact the extension | :08:16. | :08:19. | |
of the court's jurisdiction in relation to the UK would be expected | :08:20. | :08:25. | |
to have had. It has not done so. Thirdly, the Government says it | :08:26. | :08:29. | |
intends to put in place extra safeguards to ensure that Prum would | :08:30. | :08:34. | |
operate in a way, and I quote, that respects the civil liberties of | :08:35. | :08:38. | |
British citizens and liberty themselves gave evidence to the | :08:39. | :08:43. | |
House of Lords on a number of matters in this respect. In the | :08:44. | :08:47. | |
report of the European scrutiny committee, which was being | :08:48. | :08:53. | |
published, the other day, we make clear that there is an important | :08:54. | :08:57. | |
balance to strike between law-enforcement cooperation, | :08:58. | :09:00. | |
particularly when it involves the exchange of personal data, and the | :09:01. | :09:04. | |
need to protect individuals against the risk of false incrimination and | :09:05. | :09:08. | |
unwarranted interference in direct depravity. The Government's | :09:09. | :09:14. | |
implementation case is only to provide anecdotal evidence of where | :09:15. | :09:20. | |
Prum has been instrumental in advancing investigation or securing | :09:21. | :09:27. | |
a conviction. The evidence of the value and impact of Prum which we | :09:28. | :09:31. | |
have been given in respect of law enforcement makes it very difficult | :09:32. | :09:36. | |
to measure its added value and to ensure an appropriate balance is | :09:37. | :09:41. | |
being struck. We find this lack of transparency and accountability very | :09:42. | :09:46. | |
troubling. I will give way. I can only assume that I slightly | :09:47. | :09:50. | |
misheard what he said. He appeared to say the only evidence we have | :09:51. | :09:53. | |
given about the benefits of Prum is anecdotal. We have undertaken a | :09:54. | :09:59. | |
pilot with four other member states in the European Union. That was | :10:00. | :10:04. | |
based on the exchange of a certain number of DNA profiles. It led to | :10:05. | :10:10. | |
hits and as in the case of the remaining rapist identified, it led | :10:11. | :10:14. | |
to somebody being charged. That is not anecdotal, it is something that | :10:15. | :10:18. | |
has happened. Somebody being brought to justice as a result of Prum. | :10:19. | :10:24. | |
The Home Secretary used the expression "pilot scheme". That was | :10:25. | :10:30. | |
only a small-scale pilot scheme. It's very small and that is the | :10:31. | :10:35. | |
basis on which we question, or I certainly question, the extent to | :10:36. | :10:40. | |
which the evidence she is referring is sufficiently broad-based to | :10:41. | :10:45. | |
justify this extremely grave extension of powers to the European | :10:46. | :10:49. | |
Court of Justice. The main risks highlighted by the Government are | :10:50. | :10:55. | |
the remaining possibilities of so-called false positives, leading | :10:56. | :11:00. | |
to the false incrimination of innocent individuals. Cost, confirm | :11:01. | :11:07. | |
all of jurisdiction on the court, and a high volume of requests | :11:08. | :11:12. | |
bearing in mind the UK has the largest criminal fingerprint and DNA | :11:13. | :11:13. | |
databases. I appreciate his explanation on this | :11:14. | :11:28. | |
issue. To pick up on the point he made about the lack of scale of the | :11:29. | :11:33. | |
pilot, what does he say about the fact and evidence being that our | :11:34. | :11:39. | |
security and law enforcement services will have access to over 5 | :11:40. | :11:45. | |
million fingerprints and DNA profiles, and in the pilot the | :11:46. | :11:49. | |
British police sent out over 2500 profiles. When it comes to scale, | :11:50. | :11:55. | |
surely the evidence is compelling? The scale is to be weighed against | :11:56. | :12:00. | |
the extension into the realm of the court of justice. That is the TSU. | :12:01. | :12:06. | |
The fact is the European jurisdiction is now considered by | :12:07. | :12:13. | |
the Government, which it was refusing to do before. In addition | :12:14. | :12:20. | |
to this, this entire exercise represents the most entire Utah in | :12:21. | :12:28. | |
Government policy since 2013. There has been some focus on the scale of | :12:29. | :12:33. | |
the pilot scheme. Heidi honourable member had a chance to consider page | :12:34. | :12:39. | |
23 of the command paper? Which helpfully outlines the delay with | :12:40. | :12:42. | |
the Interpol system and the very first example indicates someone who | :12:43. | :12:49. | |
after four or five months of Interpol application, having | :12:50. | :12:52. | |
committed more offences from London through to Essex, whereas through | :12:53. | :12:57. | |
Prum he could have been detected much earlier. There are a number of | :12:58. | :13:03. | |
cases with some improvements can be made, but in respect of the | :13:04. | :13:07. | |
difference between what we're doing in the European Union as it affects | :13:08. | :13:12. | |
the UK and what is happening in the EU as compared to other countries, | :13:13. | :13:16. | |
we still have those problems in the other countries, and extending the | :13:17. | :13:22. | |
range of jurisdiction to the European Court of Justice will not | :13:23. | :13:27. | |
deal with the problem. In reaching a decision, parliament is entitled to | :13:28. | :13:31. | |
know which measures the UK would be opting back into by joining Prum. | :13:32. | :13:37. | |
The relevant factors that have prompted this change of policy in UK | :13:38. | :13:42. | |
participation in Prum and how the concerns expressed by the previous | :13:43. | :13:46. | |
coalition government in July 2013 have been resolved, on which we have | :13:47. | :13:51. | |
heard almost nothing today. The Government motion is far from clear | :13:52. | :13:56. | |
on the measures that the UK will be rejoining if Parliament votes for it | :13:57. | :14:02. | |
today. The motion refers only to the Prum decisions, but there are in | :14:03. | :14:06. | |
fact three measures, to cultural decisions adopted in 2008 and a | :14:07. | :14:14. | |
third adopted in 2009 on the accreditation of forensic service | :14:15. | :14:22. | |
providers. -- Council decisions. Whether it accepts it as an integral | :14:23. | :14:29. | |
part of the Prum package. In July 2013, the previous Government told | :14:30. | :14:35. | |
parliament that Prum would be too costly to implement. The estimate as | :14:36. | :14:41. | |
I understand was ?31 million. Either way, the Government also expressed | :14:42. | :14:44. | |
concern that Prum current technical requirements were out of date and it | :14:45. | :14:49. | |
would be better to see if there was a more modern solution to allow | :14:50. | :14:53. | |
better of exchange of information, for example producing fewer false | :14:54. | :14:58. | |
positives or requiring less human intervention. The Government now | :14:59. | :15:02. | |
suggests implementing Prum would be cheaper, and 13 million and not 31 | :15:03. | :15:08. | |
million. How can it back for such a significant reduction in such a | :15:09. | :15:12. | |
short space of time and how credible is the cost assessment on which the | :15:13. | :15:17. | |
revised estimate is based? The Government does not explain what | :15:18. | :15:22. | |
efforts have been made to craft a more modern solution based on more | :15:23. | :15:26. | |
up-to-date technical requirements, which would substantially reduce the | :15:27. | :15:30. | |
risk of false positives, not just in the UK but also in the EU. The | :15:31. | :15:35. | |
Government says it will apply a higher technical standards than are | :15:36. | :15:42. | |
required by Prum for the UK DNA and fingerprint databases. You must | :15:43. | :15:46. | |
recall that DNA profiles and fingerprints of witnesses may also | :15:47. | :15:52. | |
be held on foreign databases and may be made subject to less rigorous | :15:53. | :15:56. | |
standards than those proposed by the Government. All in all, this is not | :15:57. | :16:01. | |
a motion that should be passed for the reasons I have given, it | :16:02. | :16:07. | |
interferes with parliamentary Southern the range of the European | :16:08. | :16:11. | |
courts and the Prime Minister himself up made it clear he does not | :16:12. | :16:15. | |
want an extension of EU jurisdiction and indeed the Home Secretary | :16:16. | :16:21. | |
herself has said as much, I believe. This is not a motion that stands up | :16:22. | :16:26. | |
and we should not opt in to these proposals and as far as many of us | :16:27. | :16:36. | |
are concerned it is a step too far. I would like to thank the Home | :16:37. | :16:39. | |
Secretary for her statement today and also for the captaincy of giving | :16:40. | :16:43. | |
myself and the Scottish Government informed of our planned in advance | :16:44. | :16:47. | |
of today's's motion. May I agree with the Shadow Home Secretary that | :16:48. | :16:52. | |
the Home Secretary has made a powerful and convincing case for | :16:53. | :16:57. | |
participating in the Prum decisions. It seems clear the UK participation | :16:58. | :17:02. | |
in these decisions will give police forces across the UK accelerated | :17:03. | :17:07. | |
access to millions of fingerprints, DNA profiles and car registration | :17:08. | :17:12. | |
records held across Europe. Such cooperation can only be a good | :17:13. | :17:16. | |
thing, provided they are in-built safeguards respecting civil | :17:17. | :17:20. | |
liberties and adherence to the highest of scientific standards. I | :17:21. | :17:24. | |
would like to welcome the UK Government's engagement with 40 | :17:25. | :17:29. | |
Scottish Government and police Scotland with the implementation of | :17:30. | :17:33. | |
the case. I and my colleagues at Holyrood are encouraged. On the | :17:34. | :17:39. | |
basis that the necessary civil liberty safeguards and scientific | :17:40. | :17:43. | |
standards will be built into the legislation and that is proper and | :17:44. | :17:46. | |
full involvement of the Scottish Government, the SNP will support | :17:47. | :17:51. | |
this motion today. I would like to thank the Home Secretary for clearly | :17:52. | :17:56. | |
confirming the Scottish Government, Scottish police authority and Police | :17:57. | :18:01. | |
Scotland will be included in the membership of the group the | :18:02. | :18:03. | |
oversight of Prum. And Police Scotland will be included in the | :18:04. | :18:05. | |
membership of the group the oversight of Prum. I would also like | :18:06. | :18:09. | |
to UK Government will continue to make sure the views of the people of | :18:10. | :18:13. | |
Scotland are given due consideration in the implementation of these | :18:14. | :18:20. | |
decisions. Clear benefits of Prum for Scottish policing have already | :18:21. | :18:24. | |
been shorn. The Home Office pilot exercise has already produced two | :18:25. | :18:29. | |
hits for serious historic sexual crimes in Scotland and these are | :18:30. | :18:33. | |
currently being assessed and investigated. Prum clearly offers | :18:34. | :18:37. | |
advantages to police Scotland over the current system, both in terms of | :18:38. | :18:42. | |
the speed of response and the ability to identify perpetrators | :18:43. | :18:47. | |
more quickly and bring them to justice quicker. As we have heard, | :18:48. | :18:51. | |
all international enquiries must be written to justice quicker. As we | :18:52. | :18:53. | |
have heard, all international enquiries must be a response to be | :18:54. | :19:00. | |
received and far less crime requests as we have heard, it can take many | :19:01. | :19:04. | |
days and ended weeks of months for responses to be received. Under | :19:05. | :19:10. | |
Prum, DNA and fingerprint that that will be uploaded from the relevant | :19:11. | :19:15. | |
national databases and this can be automatically searched, with any | :19:16. | :19:18. | |
hits a big north spotted immediately. Father data quality | :19:19. | :19:26. | |
checks are then carried out by member states and on completion of | :19:27. | :19:31. | |
full data exchange can take place and this is going to be much quicker | :19:32. | :19:37. | |
under Prum and under the current system. Equally with vehicle | :19:38. | :19:41. | |
registration checks, an EU wide vehicle registration check can be | :19:42. | :19:47. | |
completed instantly under Prum, compared to several days at present. | :19:48. | :19:51. | |
In relation to the issue of oversight, I think it was originally | :19:52. | :19:56. | |
proposed by the home of is that the information Commissioner and | :19:57. | :20:00. | |
biometrics commissioner would be responsible for auditing UK | :20:01. | :20:02. | |
compliance with Prum and this is problematic for Scotland because | :20:03. | :20:06. | |
their roles in Scotland, although they have a UK wide role, both these | :20:07. | :20:11. | |
officials, limited remote in Scotland. For example, the biometric | :20:12. | :20:16. | |
Commissioner's role is to keep under review the use of DNA samples by the | :20:17. | :20:23. | |
police, but these functions do not in the main extent to Scotland. The | :20:24. | :20:28. | |
collection of DNA profiles and samples in Scottish cases does not | :20:29. | :20:32. | |
fall within the biometric Commissioner's we met at these | :20:33. | :20:36. | |
issues are all the devolved and form part of Scottish criminal procedure. | :20:37. | :20:41. | |
It is against that background I am grateful to the Home Secretary for | :20:42. | :20:45. | |
confirming the oversight group that will be set up will include members | :20:46. | :20:50. | |
of the Scottish Government, police authority and Police Scotland as | :20:51. | :20:53. | |
this will provide a vehicle to feed and any views or concerned about | :20:54. | :20:58. | |
compliance in Scotland. As I have already alluded to, Prum is a | :20:59. | :21:02. | |
mixture of resort and devolved matters and that is why discussions | :21:03. | :21:06. | |
are ongoing between Scottish and UK governments to establish what, if | :21:07. | :21:11. | |
any, legislation will be required to be laid before the Scottish | :21:12. | :21:15. | |
Parliament and I was again thank the Home Secretary for continued | :21:16. | :21:20. | |
cooperation with the Scottish Government in this regard. Coming to | :21:21. | :21:22. | |
civil liberties and safeguards which has been the subject of several | :21:23. | :21:25. | |
interventions today, the Scottish National Party are pleased to read | :21:26. | :21:31. | |
in the business implementation gives the Government recognised that will | :21:32. | :21:35. | |
significant civil liberties concerns about the operation of Prum and I am | :21:36. | :21:38. | |
pleased to see the Government has taken on board some of the key | :21:39. | :21:42. | |
objections previously put forward by civil liberties group 's. I'm not | :21:43. | :21:50. | |
the Home Secretary has also said a statement today she would use her | :21:51. | :21:54. | |
commitment to addressing civil liberties issues in relation Prum. I | :21:55. | :21:59. | |
believe it is crucial if correct balance is struck between preventing | :22:00. | :22:04. | |
crime, protecting national security and individual civil liberties and | :22:05. | :22:08. | |
in particular the right to privacy. The Home Office have proposed a | :22:09. | :22:12. | |
number of safeguards, and the SNP are very pleased to support those. | :22:13. | :22:16. | |
In particular we are happy with the suggestion that any personal data | :22:17. | :22:21. | |
the UK sends to another member state must not be stored permanently on | :22:22. | :22:26. | |
their systems and cannot be stored longer than is legal in the country | :22:27. | :22:31. | |
sending it. We're also pleased that will be oversight and periodic | :22:32. | :22:33. | |
checks of the lawfulness of the supply of data in compliance Prum. | :22:34. | :22:39. | |
We also note it is to be provided that if a foreign member state | :22:40. | :22:43. | |
searches would be any of fingerprints and that search is | :22:44. | :22:46. | |
matched with a UK citizen aged under 18, their personal data can only be | :22:47. | :22:51. | |
accessed if mutual legal assistance channels are used and the UK, as I | :22:52. | :22:58. | |
understand it, will not share the data BOOING | :22:59. | :23:00. | |
Data falls under raking through Prum. | :23:01. | :23:05. | |
I also wondered understand that if the crime is very minor the UK can | :23:06. | :23:10. | |
refuse to send personal data. There is then the higher scientific | :23:11. | :23:16. | |
standard to which the Home Secretary added. Instead of the minimum | :23:17. | :23:24. | |
requirements for Prum, the UK Government will require personal | :23:25. | :23:26. | |
data will not be supplied unless the DNA match is at ten or more and that | :23:27. | :23:33. | |
means the chances of a hit being wrong and less than what any | :23:34. | :23:37. | |
building, which under Scottish criminal procedure is beyond | :23:38. | :23:40. | |
reasonable doubt. Finally, I very much the undertaking that the UK | :23:41. | :23:46. | |
will ensure only those convicted of the crime can be searched in the DNA | :23:47. | :23:51. | |
fingerprint databases. I would applaud this as an line with what | :23:52. | :23:54. | |
has been standard practice in Scotland for some years and they | :23:55. | :23:57. | |
appreciate the coalition government embarked on this route is in recent | :23:58. | :24:04. | |
years. As I said earlier, these safeguards have been welcomed by | :24:05. | :24:08. | |
civil liberties groups, but it is worth mentioning some civil | :24:09. | :24:11. | |
liberties groups, and in particular Big Brother Watch mentioned by the | :24:12. | :24:17. | |
Right honourable member for Ben Shephard earlier have some concerns | :24:18. | :24:24. | |
in relation to some aspects of Prum. They have raised in particular | :24:25. | :24:29. | |
issues in regard to the vehicle registration database. That holds | :24:30. | :24:33. | |
the personal details of all drivers and of course the majority of those | :24:34. | :24:37. | |
are not criminals. We will build into the system safeguards or DNA | :24:38. | :24:42. | |
and fingerprint data to predict the date of innocent people and I wonder | :24:43. | :24:48. | |
if some consideration may be given as to whether similar safeguards | :24:49. | :24:50. | |
should be built in to the recovery of vehicle registration data, at | :24:51. | :24:56. | |
least to some extent, because I know the Home Secretary said the Home the | :24:57. | :25:03. | |
innocent will have nothing to fear. Similar concerns with the EU wide | :25:04. | :25:11. | |
database of asylum seekers and migrants fingerprints. The persons | :25:12. | :25:14. | |
whose fingerprints are on this database are not criminals, not | :25:15. | :25:19. | |
necessarily criminals. Their fingerprints are there because they | :25:20. | :25:24. | |
are asylum seekers. Again, I wonder if the Home Secretary would agree it | :25:25. | :25:29. | |
is at the appropriate we look at putting in safeguards to ensure that | :25:30. | :25:33. | |
database is only accessed in the most serious cases. I'd like to | :25:34. | :25:40. | |
thank the Home Secretary in relation to the issue of the European arrest | :25:41. | :25:44. | |
warrant for confirming a concern I myself had and was raised by Big | :25:45. | :25:52. | |
Brother Watch. Nolan. We wondered where the fingerprint of number | :25:53. | :25:55. | |
plate would be enough to request the extradition of a British citizen or | :25:56. | :25:58. | |
if further evidence would be required I am pleased to get | :25:59. | :26:01. | |
Secretary Secretary confirmed clearly further evidence would be | :26:02. | :26:04. | |
required before a European arrest warrant could be issued or | :26:05. | :26:10. | |
implemented. In conclusion, I would like to see something briefly about | :26:11. | :26:14. | |
the jurisdiction of the Court of Justice of the European Union. | :26:15. | :26:17. | |
Unlike others and this house who we have already heard from today, the | :26:18. | :26:22. | |
SNP does not fear the jurisdiction of the Court of Justice of the | :26:23. | :26:27. | |
European Union. Unlike those who are saying Amendment AA, we believe that | :26:28. | :26:31. | |
far from threatening the civil liberties of British citizens, this | :26:32. | :26:38. | |
will ensure they are upheld. It is of course open to this Parliament to | :26:39. | :26:42. | |
set higher standards in relation to human rights and civil liberties if | :26:43. | :26:43. | |
it wishes to do so. Thank you. I would like to support the | :26:44. | :26:53. | |
government's proposals on this matter, partly from my own | :26:54. | :27:00. | |
experience in fighting criminality and cross-border criminality. In the | :27:01. | :27:07. | |
Home Office. But also because from both sides, we have heard a powerful | :27:08. | :27:12. | |
argument that taking this decision tonight will make our streets safer | :27:13. | :27:16. | |
and citizens safer. And I cannot think of a more good use of | :27:17. | :27:22. | |
Parliamentary time. They did to it at the moment, it could not be more | :27:23. | :27:28. | |
timely than now -- especially at the moment. Given the terrible events | :27:29. | :27:34. | |
not just in European countries but around the world in recent weeks and | :27:35. | :27:40. | |
months. Everything we can do in this House to protect our citizens and | :27:41. | :27:42. | |
give them reassurance that everything is being done to make our | :27:43. | :27:46. | |
streets as safe as possible seems to me well worth doing at the moment. | :27:47. | :27:52. | |
The point I would make is that it is relatively unusual that Home Office | :27:53. | :27:58. | |
can invite the House to take a decision like this on the basis of | :27:59. | :28:02. | |
hard evidence. When you adopt a new policy, inevitably it is often the | :28:03. | :28:07. | |
case you have to assume something is going to work and sometimes it does | :28:08. | :28:11. | |
and sometimes it does not. But we have had the benefit in this case of | :28:12. | :28:17. | |
the pilot that has been much discussed. And it seems to me the | :28:18. | :28:20. | |
arguments from that cannot be... arguments from that cannot be... | :28:21. | :28:28. | |
Even that small scale pilot has made the streets of this country safer. | :28:29. | :28:33. | |
So extending it to the full benefits we would get from the Prum measures | :28:34. | :28:38. | |
seem to me extremely sensible. And that is why this postal is supported | :28:39. | :28:45. | |
by people throughout the common justice system -- puzzle. The Home | :28:46. | :28:50. | |
Secretary has quoted a number of senior police officers, the | :28:51. | :28:53. | |
Commissioner of the Metropolitan police, the director-general of the | :28:54. | :28:58. | |
National Crime Agency. And also, one of the Chief Constables involved a | :28:59. | :29:04. | |
sensitive case. It is interesting that further down the criminal | :29:05. | :29:09. | |
justice pipeline, the Director of Public Prosecutions is also down | :29:10. | :29:14. | |
supporting this, she says it will reduce the number of unsolved crimes | :29:15. | :29:20. | |
such as murder and rape committed by foreign nationals and provide an | :29:21. | :29:25. | |
improved service to the public and victims, which is a group we should | :29:26. | :29:32. | |
always be concerned about. And there are the advantages of doing this | :29:33. | :29:37. | |
spread across a number of areas, it is not just the simplified processes | :29:38. | :29:45. | |
to request information and data. Although they are vitally important. | :29:46. | :29:52. | |
It will be deemed viciously -- the efficiency gains, allowing | :29:53. | :29:55. | |
simultaneous searches in a number of countries at once. That is a | :29:56. | :29:58. | |
significant step forward in practical crab like. Of course. | :29:59. | :30:05. | |
One of the forces of dog was referred to earlier, I do not agree | :30:06. | :30:10. | |
with giving more power to any of the body but I do accept the argument | :30:11. | :30:13. | |
about the international element of this. And it is not just a European | :30:14. | :30:19. | |
element. On that case, a support sharing of data because it does make | :30:20. | :30:25. | |
streets safer. I regret it is framed in this European way but we are | :30:26. | :30:28. | |
where we are, fortunately. I can only say to my honourable | :30:29. | :30:34. | |
friend that it would be absurd to let the best be the enemy of the | :30:35. | :30:41. | |
good. It would be wonderful if 185 states had the technical capacity as | :30:42. | :30:44. | |
the ability to exchange information in this way. But they don't. I think | :30:45. | :30:52. | |
it is true only 21 of the member states of the European Union can do | :30:53. | :30:58. | |
that now. I got the sense from other honourable France they would proceed | :30:59. | :31:01. | |
on that basis to say that we should not sign up to this now seems to be | :31:02. | :31:08. | |
a nonsense -- honourable members. It would continue to leave our streets | :31:09. | :31:12. | |
not as well detected as we would wish. I give way. | :31:13. | :31:19. | |
I rise because for me, the problem of cross national justice sometimes | :31:20. | :31:25. | |
countries will be very keen to convict foreigners. So you have a | :31:26. | :31:29. | |
propensity to miscarriages of justice, we saw it with the Greek | :31:30. | :31:35. | |
issue. The plane spotters. And he has been in the position of | :31:36. | :31:40. | |
suffering a politically driven miscarriage of justice. What is | :31:41. | :31:43. | |
interesting to me is the Home Office has done a good job here of | :31:44. | :31:47. | |
preventing false positives and the miscarriages of justice. I do often | :31:48. | :31:52. | |
agree with my right honourable friend and he is right. I am not for | :31:53. | :31:58. | |
obvious reasons and on critical admirer of everything the police do. | :31:59. | :32:04. | |
I regard myself as a candid friend of the police. But it is extremely | :32:05. | :32:09. | |
important technical measures that can be taken to minimise false | :32:10. | :32:15. | |
positives and possible miscarriages of justice are taken at all times. | :32:16. | :32:20. | |
And I agree that the reassurances the Home Secretary has been able to | :32:21. | :32:25. | |
give on that matter are extremely important. One of the advantages and | :32:26. | :32:34. | |
would like to refer to before I move on to the potential risks is | :32:35. | :32:41. | |
precisely the access to Eurodac that my honourable friend from | :32:42. | :32:43. | |
Christchurch referred to. The EU wide database of asylum seekers and | :32:44. | :32:49. | |
illegal migrants, that thing the Prince. This change allows that to | :32:50. | :32:55. | |
be used for criminal investigation searching -- fingerprints. It will | :32:56. | :32:59. | |
be aimed precisely at potential criminals and not at innocent people | :33:00. | :33:03. | |
who may have been caught up in something and that I think is a key | :33:04. | :33:09. | |
underpinning safeguard. The overwhelming advantage is | :33:10. | :33:14. | |
straightforward, speed. Anybody who looks at practical for enforcement | :33:15. | :33:17. | |
will know that the speed of response is hugely important in making police | :33:18. | :33:22. | |
operations more effective, especially internationally. It is | :33:23. | :33:27. | |
regrettably topical to say that is especially true when the police | :33:28. | :33:32. | |
attempt to deal with a terrorist outrage. The fact it may take | :33:33. | :33:36. | |
minutes or 24 hours rather than months to get evidence is absolutely | :33:37. | :33:43. | |
vital. So the advantages are clear cut and widespread. There are two | :33:44. | :33:48. | |
areas of risk for people associated with this system. One, I think, is | :33:49. | :33:54. | |
genuine. One, I think, is the result of the application of some | :33:55. | :33:59. | |
wrong-headed ideology. Let me go with the genuine one first. This is | :34:00. | :34:04. | |
the fear this measure will intrude on our privacy, damage data | :34:05. | :34:10. | |
protection and therefore affect adversely our civil liberties. I do | :34:11. | :34:15. | |
take this very seriously. I think it is extremely important that we deal | :34:16. | :34:21. | |
with security alongside other civil liberties. I may have misunderstood | :34:22. | :34:26. | |
the Shadow Home Secretary and I agreed with a lot of what he said | :34:27. | :34:30. | |
but I do not agree that you have security and once you have got | :34:31. | :34:34. | |
that, after that, you worry about Civil Liberties. I think civil | :34:35. | :34:39. | |
liberties is one of the important things governments should guarantee | :34:40. | :34:42. | |
but there are other civil liberties extremely important and we have to | :34:43. | :34:46. | |
defend them all in parallel. And if necessary, strike the right balance. | :34:47. | :34:52. | |
And I do think this is striking the right balance. I think we will have | :34:53. | :34:57. | |
stringent safeguards and the Q1, I return to, is to ensure that | :34:58. | :35:02. | |
convicted criminals get targeted by this -- the key one. When you use | :35:03. | :35:08. | |
these large-scale databases, especially on an international | :35:09. | :35:12. | |
basis, what you want to be doing is targeting people who have been | :35:13. | :35:15. | |
convicted of a crime and not just trawling through the records of | :35:16. | :35:20. | |
innocent people. That is essential at a national level and even more at | :35:21. | :35:25. | |
a European level and I think the proposals before the House this | :35:26. | :35:30. | |
evening passed that test. That is why I imagine the national DNA | :35:31. | :35:35. | |
database ethics group would say they wholeheartedly welcome this. That is | :35:36. | :35:43. | |
quite a goods badge of respectability for the Home Office | :35:44. | :35:48. | |
in this regard. Like other honourable members, I have been | :35:49. | :35:52. | |
reading carefully what Big Brother Watch had to say because this is a | :35:53. | :35:57. | |
good organisation that does a lot of good and it helps to hold | :35:58. | :36:00. | |
governments to account. I was slightly set prized at the tone of | :36:01. | :36:06. | |
the response from Big Brother Watch that they welcomed the safeguards | :36:07. | :36:10. | |
the Home Secretary had introduced -- surprised. He did say they had areas | :36:11. | :36:16. | |
of concern but in terms of a civil liberties group commenting on a Home | :36:17. | :36:20. | |
Office proposal, this is approval by the normal standards. So I think | :36:21. | :36:25. | |
that should be taken seriously. I echo the honourable lady from the | :36:26. | :36:32. | |
SNP benches. I hope the Minister when he winds up can deal with the | :36:33. | :36:38. | |
idea of the vehicle registration database, some of the specific | :36:39. | :36:41. | |
complaints and worries that Big Brother Watch had. Questions, we'll | :36:42. | :36:47. | |
search only be for serious crimes or do they include offences such as | :36:48. | :36:53. | |
speeding and driving through a bass line and whether foreign police | :36:54. | :36:59. | |
forces have access to cameras and other data? -- in slain. The House | :37:00. | :37:06. | |
should be reassured on that point. The civil liberties issues, they are | :37:07. | :37:11. | |
a genuine risk and have to be dealt with. There is another criticism we | :37:12. | :37:15. | |
here in the amendment before the House that says we should not use | :37:16. | :37:19. | |
these procedures because they are procedures of the European Union. | :37:20. | :37:24. | |
This is what I believe is a damaging ideology. These measures help the | :37:25. | :37:29. | |
police catch, and also. Perhaps prevent terrorist attacks. -- catch | :37:30. | :37:34. | |
criminals. Save lives and keep streets safer. It is irresponsible | :37:35. | :37:40. | |
to say we should not sign up for reasons of anti-European ideology | :37:41. | :37:45. | |
and a fear of the European Court of Justice. The British people know | :37:46. | :37:49. | |
that we live in a dangerous world. And they will not forgive | :37:50. | :37:51. | |
politicians who make it more dangerous by Intel drink in and | :37:52. | :37:57. | |
European gesture politics in this field. -- indulging. It has been | :37:58. | :38:02. | |
argued there have been other ways of doing with this and it has been | :38:03. | :38:05. | |
demonstrated in this debate nothing is available as efficient as this | :38:06. | :38:10. | |
measure. I will give way to my honourable friend. | :38:11. | :38:14. | |
Would he assist me by saying whether for instance Iceland should be | :38:15. | :38:21. | |
encouraged to join? Iceland is not a member of the European Union. If it | :38:22. | :38:24. | |
wishes to sign a deal with the European Union, I assume it would be | :38:25. | :38:31. | |
open to Iceland to do it, I see no sign Iceland wants to do that. It | :38:32. | :38:34. | |
seems to be not within the purview of this House to dictate to the | :38:35. | :38:38. | |
Icelandic government and people what they should do. I imagine they want | :38:39. | :38:44. | |
to keep our streets safe as well. I will give way to my right honourable | :38:45. | :38:46. | |
friend again. I wanted to take him up slightly on | :38:47. | :38:51. | |
this point about the European Court. I take his point. But the real area | :38:52. | :38:59. | |
of war are you might want to address some of the protections -- worry. | :39:00. | :39:05. | |
Whether in the extreme the database is used for speeding offences. The | :39:06. | :39:10. | |
is something like the European Court could change the borderline of the | :39:11. | :39:15. | |
guideline outside our own control. I do not think it is true in this case | :39:16. | :39:18. | |
but he should address that rather than just dismiss it. I do not | :39:19. | :39:28. | |
dismiss it in the sense of that, but it is not true, the Prum measures | :39:29. | :39:32. | |
say whether European Court of Justice has jurisdiction and it is | :39:33. | :39:37. | |
quite limited as a result of these measures. And one of the things the | :39:38. | :39:41. | |
European Court of Justice is looking to do is to defend citizens against | :39:42. | :39:47. | |
over mighty states as my right noble friend knows. So the idea everything | :39:48. | :39:53. | |
the Court of Justice does is add or somehow against the bulk liberties | :39:54. | :39:58. | |
and freedoms is simply wrong, as I am sure he would acknowledge -- | :39:59. | :40:04. | |
Civil Liberties. It might be were putting on record the Prum decisions | :40:05. | :40:09. | |
are protected by national law and of the House were to look at the | :40:10. | :40:14. | |
specific position -- provision, Article 12, it does say searches | :40:15. | :40:20. | |
have to be conducted in accordance with the member states national | :40:21. | :40:27. | |
laws. I hope that reassures those with doubts on that score. It has | :40:28. | :40:32. | |
become fashionable in this House in recent days to quote communist | :40:33. | :40:38. | |
caters! And would remind... Dictators. I am sure I will not be | :40:39. | :40:46. | |
the last on this side. I would refer to a useful concept Lenin | :40:47. | :40:53. | |
introduced, that is the concept of the useful idiot. People who do | :40:54. | :40:58. | |
something that gives comfort to those who they normally oppose by | :40:59. | :41:04. | |
accident. And I am afraid some of the arguments used against this | :41:05. | :41:08. | |
proposal tonight for under that category. And I know that those of | :41:09. | :41:14. | |
my honourable and right honourable France with these arguments, they | :41:15. | :41:18. | |
are not idiots so I would encourage them to think hard about withdrawing | :41:19. | :41:24. | |
the amendment. Because this kind of European cooperation and fighting | :41:25. | :41:30. | |
serious crime and terrorism is absolutely essential in today's | :41:31. | :41:34. | |
dangerous world. It is to the credit of the EU they have devised a | :41:35. | :41:39. | |
practical system to help keep people safe and to the credit of the | :41:40. | :41:43. | |
British government it has agreed to sign up and I hope tonight the House | :41:44. | :41:46. | |
agrees as well on the significant step forward in fighting terrorism | :41:47. | :41:49. | |
and serious international crime. Madam Deputy Speaker, it is a | :41:50. | :42:01. | |
pleasure to follow the Right Honourable member for Ashford. I | :42:02. | :42:04. | |
woke up reading his article in the Daily Telegraph on the subject and | :42:05. | :42:08. | |
here he is, live this afternoon quoting from Lenin which I'm sure is | :42:09. | :42:13. | |
required reading for all of his electors in Ashford. I am not going | :42:14. | :42:18. | |
to quote Lenin, Madam Deputy is bigger. But I am going to quote the | :42:19. | :42:26. | |
Home Secretary from 2014, who we revere on this side of the House, as | :42:27. | :42:31. | |
you know and she said, we have neither the time nor the money to | :42:32. | :42:36. | |
implement Prum by December the 1st. I have said it would be senseless | :42:37. | :42:44. | |
for us to rejoin and risk being fractured and despite pressure from | :42:45. | :42:47. | |
the commission and other member states, that remains the case. I was | :42:48. | :42:53. | |
delighted to see her conversion. Based, of course, on strong evidence | :42:54. | :42:57. | |
of the pilot that the Government has put in place. A powerful case to | :42:58. | :43:04. | |
join in to this very important part of the European Union. She has | :43:05. | :43:09. | |
obviously thought about it very carefully in the last 12 months and | :43:10. | :43:13. | |
I appreciate the courtesy of the Minister of State for immigration | :43:14. | :43:16. | |
telling me that this is what the Government planned. All the | :43:17. | :43:21. | |
arguments has been made. And I can say that I agree and sits down. But | :43:22. | :43:27. | |
it would not be Parliament if I did that. It is rare but maybe a feature | :43:28. | :43:37. | |
of European debate to come that the front benches, the Shadow Home | :43:38. | :43:41. | |
Secretary and the Home Secretary speaking eloquently both in support | :43:42. | :43:44. | |
of the motion. I will give way to the honourable member. The one thing | :43:45. | :43:51. | |
I particularly disagreed with was the Shadow Home Secretary said he | :43:52. | :43:54. | |
felt that people wanting to vote in favour were expressing their delight | :43:55. | :43:59. | |
at ever closer union. I did disagree. I felt the useful idiot | :44:00. | :44:05. | |
bit was losing it at that point. She is right. Voting for this does not | :44:06. | :44:12. | |
mean ever closer union. This issue is still under negotiation by the | :44:13. | :44:16. | |
Prime Minister and the rest of the European Union. It means helping us | :44:17. | :44:21. | |
fight terrorism and helping to fight serious and organised crime. I hope | :44:22. | :44:26. | |
she will vote with the Government on this occasion, as I am sure she has | :44:27. | :44:31. | |
done on many others since she got into the House. I will give way to | :44:32. | :44:37. | |
the honourable member. I thank my honourable friend for giving way and | :44:38. | :44:40. | |
he is making a very compelling argument. We all want the issues to | :44:41. | :44:45. | |
do with cross-border crime dealt with and eliminated. Nonetheless so | :44:46. | :44:51. | |
than us representing Northern Ireland constituencies. But would he | :44:52. | :44:56. | |
agree with me that with respect to Civil Liberties, there must be, | :44:57. | :45:03. | |
protection must not be sacrificed and we must have protection of civil | :45:04. | :45:08. | |
liberties in relation to that particular issue. I am reassured by | :45:09. | :45:13. | |
what the Home Secretary said with the oversight board and the fact | :45:14. | :45:17. | |
that those on the database that have not committed criminal offences, | :45:18. | :45:21. | |
their information will not be shared. She brings me onto an | :45:22. | :45:28. | |
important point. I asked the library, because I'm getting | :45:29. | :45:30. | |
confused with these databases, which ones are available concerning, no | :45:31. | :45:36. | |
and terrorist acts which could possibly be shared with the rest of | :45:37. | :45:41. | |
the EU? And they came up with an awesome list of a number of | :45:42. | :45:45. | |
databases with hundreds of thousands, indeed millions of names | :45:46. | :45:49. | |
on them. The police National computer holds a number of pieces of | :45:50. | :45:55. | |
information, 11,000,500 59000 and 137 names. -- over 11 million names. | :45:56. | :46:03. | |
The police database and the DNA database, which currently holds over | :46:04. | :46:14. | |
5 million and semaphore which I know is about to be improved because the | :46:15. | :46:19. | |
Home Office has announced an extra 25 million, or has announced next 25 | :46:20. | :46:25. | |
million to improve capability. The warnings index, I will make | :46:26. | :46:29. | |
reference to this, is also capable of improvement. We recently heard it | :46:30. | :46:35. | |
was in fact not as effective as it ought to be in tracking those coming | :46:36. | :46:40. | |
to this country. We do not know how many are on the index because it is | :46:41. | :46:44. | |
confidential. Watch lists, we do not know the numbers. But it is still a | :46:45. | :46:49. | |
database of interest. And for the European Union, the sharing of that | :46:50. | :46:57. | |
information system, the second generation, the Europe all | :46:58. | :47:00. | |
information system, again, we do not know Hani names are on that | :47:01. | :47:05. | |
database, and the integral database, again, we do not know Hani | :47:06. | :47:09. | |
are on that database. There are unlawful lot of databases we are | :47:10. | :47:17. | |
talking about. -- how many. -- an awful lot of databases. We would | :47:18. | :47:24. | |
like to ask which UK databases will be subject to this decision and | :47:25. | :47:28. | |
which European ones, maybe all of them, and the international | :47:29. | :47:31. | |
databases, will they also be part of the decision that we make today? I | :47:32. | :47:37. | |
support what the Government is doing but it is nice to have clarity for | :47:38. | :47:41. | |
those that think every single piece of information ever collected about | :47:42. | :47:46. | |
a British citizen will be made available. My concern is the | :47:47. | :47:52. | |
security of the border. Especially after events in Paris. I think the | :47:53. | :47:57. | |
decision of the Government will help us to track people that lead this | :47:58. | :48:01. | |
country and end up in the European Union. People like Trevor Brooks and | :48:02. | :48:06. | |
Simon Callow, who on Wednesday November the 18th were arrested at | :48:07. | :48:09. | |
the Hun Guerin border with Romania. One was subject to a Home Office | :48:10. | :48:14. | |
travel ban but left the country, records the borders and wet into the | :48:15. | :48:20. | |
rest of the European Union. And the Telegraph reported that the senior | :48:21. | :48:26. | |
fund raiser for Daesh, who was under a strict counterterrorism order, | :48:27. | :48:31. | |
fled the United Kingdom and joined jihadist in Syria. As we have heard | :48:32. | :48:42. | |
in the media, one of the Paris attackers was wanted for previous | :48:43. | :48:45. | |
offences in Europe but managed to travel to Syria and back without | :48:46. | :48:51. | |
detention. I think the problem is, and I put this to the Home | :48:52. | :48:54. | |
Secretary, your opinion colleagues are not putting these names -- | :48:55. | :49:01. | |
European colleagues are not putting these names on the database as soon | :49:02. | :49:05. | |
as they become of interest. It is important they do. If they cross | :49:06. | :49:09. | |
borders and we want to know where they are it is important they are | :49:10. | :49:12. | |
put onto the database in the first place. The Greek ambassador came to | :49:13. | :49:17. | |
give evidence to the select committee two weeks ago and lamented | :49:18. | :49:21. | |
the fact that in the case of one of those involved in Paris, even though | :49:22. | :49:26. | |
the French decided this individual was a person of interest, they did | :49:27. | :49:30. | |
not put his name on the database. When he crossed the border between | :49:31. | :49:37. | |
Turkey and Greece, it was not possible for his name to be flanked | :49:38. | :49:43. | |
on their system and they could not then alert the French. We need to be | :49:44. | :49:48. | |
sure it happens as quickly as possible. We welcome the speed with | :49:49. | :49:53. | |
which the new arrangements, I think the Home Secretary said double-macro | :49:54. | :49:57. | |
and a half months as opposed to 15 minutes, which sounds -- two and a | :49:58. | :50:03. | |
half months, which is incredible as opposed to 15 minutes. The head of | :50:04. | :50:08. | |
Europe all yesterday said that there was a black hole of information | :50:09. | :50:13. | |
which hampered the one operation on counterterrorism. He mentioned the | :50:14. | :50:18. | |
fact that less than half of the foreign fighters identified by | :50:19. | :50:23. | |
national counterterrorism authorities are registered in our | :50:24. | :50:27. | |
system, which is supposed to provide a basic cross European data check. | :50:28. | :50:35. | |
As we know, 18 million or so people are able to, not avoid, but they are | :50:36. | :50:40. | |
not part of the passenger name recognition system, which the Home | :50:41. | :50:45. | |
Secretary has been battling away and for all the years I think she has | :50:46. | :50:49. | |
been in office, with the rest of the European Union, to get everybody | :50:50. | :50:54. | |
signing up to this. If we have just one person coming into our country | :50:55. | :50:59. | |
and we do not know who that person is, it does actually affect the | :51:00. | :51:03. | |
security of our borders. I think we should take the head of Europe whole | :51:04. | :51:08. | |
at his word and try and help those organisations. The committee some | :51:09. | :51:15. | |
years ago suggested creating an international counterterrorism | :51:16. | :51:20. | |
platform as part of the database because we felt that, we do not have | :51:21. | :51:25. | |
too reinvent the wheel, we have a database, we have organisations | :51:26. | :51:30. | |
which have a lot of information and data and we should build on what | :51:31. | :51:34. | |
they have got and that is why I am very pleased that on the 1st of | :51:35. | :51:42. | |
January it will be launching, it will be launching a European union | :51:43. | :51:45. | |
counterterrorism centre. It will help enormously in the fight against | :51:46. | :51:51. | |
terrorism. Finally I will say this about the European arrest warrant, | :51:52. | :51:54. | |
which is not the subject of the debates today but it has been | :51:55. | :51:58. | |
referred to by a number of Right Honourable members. The Home Affairs | :51:59. | :52:05. | |
Select Committee in our successive reports have pointed to real | :52:06. | :52:07. | |
problems with the European arrest warrant. It is a great idea but | :52:08. | :52:14. | |
there are technicalities which within can cause problems to British | :52:15. | :52:18. | |
citizens. We should be extremely careful whenever we take a view that | :52:19. | :52:24. | |
signing up to these agreements means everything will be all right. We | :52:25. | :52:28. | |
must monitor carefully what is being suggested. And if for any reason we | :52:29. | :52:33. | |
need to change any of the involvement that we have, we should | :52:34. | :52:37. | |
do so. I will give way to the honourable member. Talking about the | :52:38. | :52:41. | |
European arrest warrant, which we are not actually debating, as he | :52:42. | :52:46. | |
said, we have touched on it, my constituents, I know he is aware, | :52:47. | :52:53. | |
one of them was sent to jail in Hungary for four months without | :52:54. | :52:56. | |
trial. We fought very hard and the Government assured as it would be | :52:57. | :53:00. | |
looked at. I'm afraid I have no confidence at all in European | :53:01. | :53:03. | |
jurisdiction and this movement concerns me, despite the fact we | :53:04. | :53:07. | |
want to fight terrorism, and despite what my friend said, not very | :53:08. | :53:14. | |
hopefully, I thought. He is right. He fought very hard for his | :53:15. | :53:19. | |
constituents, Michael Turner. He gave evidence to the Home Affairs | :53:20. | :53:22. | |
Select Committee because of the honourable gentleman and was let | :53:23. | :53:27. | |
down by the system. It is wrong that somebody completely innocent should | :53:28. | :53:29. | |
be arrested and held in another country for that length of time | :53:30. | :53:35. | |
because the damage to reputation and the personal integrity as well as | :53:36. | :53:37. | |
the other things going with it is enormous. There are problems with | :53:38. | :53:42. | |
the European arrest warrant which we do need to look at. But as an idea | :53:43. | :53:46. | |
it is the right thing to do to be able to trace people throughout | :53:47. | :53:50. | |
Europe. But the actual implementation and at a county | :53:51. | :53:55. | |
causes hardship to people like Michael Turner, the constituent of | :53:56. | :54:00. | |
the honourable gentleman. The Home Secretary's conversion is welcome. | :54:01. | :54:05. | |
The case she makes is very powerful. And I hope that we can use this | :54:06. | :54:09. | |
system in order to make sure that criminals do not escape without | :54:10. | :54:14. | |
being brought to justice. And that those that seek to enter our country | :54:15. | :54:19. | |
in order to undermine the values of our country through terrorism are | :54:20. | :54:23. | |
caught at the border and sent back to where they belong. | :54:24. | :54:29. | |
Thank you, Madam Deputy Speaker. With a heavy heart I stand to speak | :54:30. | :54:36. | |
in this debate as I am one of the Home Secretary's most ardent | :54:37. | :54:40. | |
supporters. We are lucky indeed to have someone so entirely committed | :54:41. | :54:42. | |
to protecting our citizens and doing everything in their power to make | :54:43. | :54:45. | |
home office functions work as effectively as possible. I have been | :54:46. | :54:50. | |
more than a bit but used by these proposals for the UK to sign up by | :54:51. | :54:56. | |
the 31st of December 2015 to data sharing of databases with other | :54:57. | :55:01. | |
member states that have already signed up to Prum. Before I came to | :55:02. | :55:06. | |
this House I was under the impression we opted out of all | :55:07. | :55:09. | |
police and criminal justice wishes agreed before the Lisbon treaty came | :55:10. | :55:13. | |
into force, which included the Prum decisions. There was a lot of noise | :55:14. | :55:18. | |
about this up to the 21st of December 2014. The Gutmann said we | :55:19. | :55:22. | |
would rejoin 35 measures in the national interest and I understand | :55:23. | :55:25. | |
it might have been smaller had we not been in Coalition but we did not | :55:26. | :55:30. | |
seek to rejoin Prum. It seems the reason for not opening up the | :55:31. | :55:33. | |
database at the time was not one national interest or protection of | :55:34. | :55:37. | |
citizens from different jurisdictions but simply we would | :55:38. | :55:40. | |
have been fined because we could not build the computer system in time. | :55:41. | :55:43. | |
The deadline would have been at risk of infraction. I would commend that | :55:44. | :55:48. | |
decision on financial prudence and data perfection, but I am abused | :55:49. | :55:51. | |
because I remember the Home Secretary said the European Court of | :55:52. | :55:54. | |
Justice should not have final say on matters like criminal law and her | :55:55. | :55:59. | |
Majesty's government should be able to renegotiate as they see fit. This | :56:00. | :56:04. | |
is why I have been confused, because while there is an opportunity for | :56:05. | :56:10. | |
this window which closes to sign up to Prum, we could easily not sign up | :56:11. | :56:15. | |
now and go into Prum under the Lisbon Treaty with the intendant | :56:16. | :56:18. | |
risk of putting personal data and management under European | :56:19. | :56:24. | |
jurisdiction. We could instead build R.N. Portal for other countries | :56:25. | :56:27. | |
including those with the European Union and not just European Union to | :56:28. | :56:30. | |
access records under our own legal framework and control. Criminals and | :56:31. | :56:35. | |
those wishing us harm come from all over the world and the simply | :56:36. | :56:42. | |
European Union countries. -- and not simply European union countries. | :56:43. | :56:47. | |
Surely it would be sensible to build a database which we use to help | :56:48. | :56:51. | |
police forces around the world and with whom bilateral agreements can | :56:52. | :56:52. | |
be unharmed by data sharing. Safeguards must be absolutely | :56:53. | :57:06. | |
watertight. I commend ministers for the detailed specification may have | :57:07. | :57:09. | |
set out in the paper about when a positive hit on a biometric should | :57:10. | :57:13. | |
be addressed to handing over personal information and only | :57:14. | :57:18. | |
biometrics of adults convicted of crimes should be shared. In the UK, | :57:19. | :57:24. | |
we hold biometrics for juveniles convicted, those arrested and | :57:25. | :57:28. | |
charged but not convicted of many serious offences and for those whose | :57:29. | :57:32. | |
cases have not yet been concluded. My concern remains where we intend | :57:33. | :57:37. | |
to safeguard most of the UK data held in Prum, by concern is that is | :57:38. | :57:45. | |
an easy day jurisdiction -- ECJ jurisdiction with lines moving, | :57:46. | :57:49. | |
where we have other options available for assessing records when | :57:50. | :57:56. | |
trying to track down records. 15% of crimes committed by foreigners, half | :57:57. | :58:00. | |
of those at EU citizens and the other half not. Any police force in | :58:01. | :58:05. | |
the world will always want more tools to fight crime and solve | :58:06. | :58:08. | |
serious offences and I was more than a little concerned by the comments | :58:09. | :58:13. | |
by the Shadow Home Secretary that security will trump Civil Liberties, | :58:14. | :58:17. | |
I do not agree. We must appoint determine the security of citizens | :58:18. | :58:22. | |
and the most important biometrics must not be released. We must | :58:23. | :58:27. | |
contrarian -- control our data records. I am concerned about the | :58:28. | :58:32. | |
proposed cost of ?30 million to build this portal to access | :58:33. | :58:39. | |
fingerprints and vehicle data. I have sat in here is since I was | :58:40. | :58:43. | |
elected to listen to the justifications as to why projects | :58:44. | :58:47. | |
have not gone according to plan and budget. The reality is any new IT | :58:48. | :58:51. | |
programme is fraught with challenges but to build one with so many | :58:52. | :58:55. | |
safeguards will be the cause of many Arab balloons -- problems and cost | :58:56. | :59:05. | |
increases. We should be building a Portal to gain faster access to data | :59:06. | :59:08. | |
in the same way we can see the benefits of accessing others within | :59:09. | :59:13. | |
the EU states. I am not convinced bring the Green light to this under | :59:14. | :59:16. | |
the pressure from the states signed up to Prum to get into our databases | :59:17. | :59:21. | |
is the way forward. But Deputy Speaker, I hope ministers will be | :59:22. | :59:26. | |
able to persuade my anxieties on this matter for my constituents and | :59:27. | :59:30. | |
I thank the Minister for giving me time to discuss the matters in | :59:31. | :59:35. | |
detail. We have choices about how we increase biometrics sharing and I do | :59:36. | :59:40. | |
not understand why a rush to sign up to Prum before the New Year is the | :59:41. | :59:43. | |
right way to go. I will listen to the debate and the considered | :59:44. | :59:48. | |
positions and Prum in the hope my fears about IT cost and potential | :59:49. | :59:51. | |
failures and my hope the government might see commonality extends beyond | :59:52. | :59:56. | |
some EU states in this complex global network we live in today. | :59:57. | :00:04. | |
It is a pleasure to follow the honourable member for | :00:05. | :00:09. | |
Berwick-upon-Tweed. The first questions I posed were, do we want | :00:10. | :00:16. | |
to ensure we are tough against terrorism? Do we want to insure that | :00:17. | :00:21. | |
the United Kingdom takes every action possible to combat terrorism? | :00:22. | :00:24. | |
And do we want the public to feel safer by our actions in combating | :00:25. | :00:30. | |
terrorism? We would all say, yes, we do. Of course we do. I did notice a | :00:31. | :00:38. | |
number of members have indicated today they are concerned about Civil | :00:39. | :00:42. | |
Liberties protection for all our citizens. And I have heard the Home | :00:43. | :00:49. | |
Office Minister indicating the protections and safeguards in place. | :00:50. | :00:53. | |
And I agree there needs to be Civil Liberties protection. But what about | :00:54. | :00:58. | |
the Civil Liberties protection for the victims of our society as well? | :00:59. | :01:02. | |
We need to realise that are a huge amount of victim is within our | :01:03. | :01:09. | |
society requiring that protection. Not just those who will go on to the | :01:10. | :01:14. | |
database and their information. We need to be absolutely clear this is | :01:15. | :01:18. | |
about protection for our citizens, not just the citizens of the United | :01:19. | :01:22. | |
Kingdom but those of our near neighbours as well. I have to say to | :01:23. | :01:29. | |
those opposing this, I am not the greatest European Union person, I am | :01:30. | :01:35. | |
not the greatest supporter of the European Union and indeed on many | :01:36. | :01:39. | |
occasions, I would be supportive of the actions of the honourable | :01:40. | :01:46. | |
member. But on this occasion, I disagree with some of the aspects he | :01:47. | :01:51. | |
is bringing forward. Especially around the Civil Liberties because I | :01:52. | :01:54. | |
have heard of the safeguards being put in place. I do want to say that | :01:55. | :02:01. | |
for many years in Northern Ireland, we have been subject to that | :02:02. | :02:05. | |
terrorism. Subject to the terrorism of people being murdered, bombs in | :02:06. | :02:12. | |
our society and shootings in analysis IT. And we have all so | :02:13. | :02:17. | |
suffered because of the lack of information from our near | :02:18. | :02:20. | |
neighbours. A lack of information from the Republic of Ireland | :02:21. | :02:25. | |
authorities. And I'd do understand they have not signed up to these | :02:26. | :02:31. | |
proposals either and hopefully being the stronger European Union | :02:32. | :02:34. | |
supporters they are, that they will sign up in the near future and | :02:35. | :02:39. | |
realise that it may be helpful to their neighbours in the United | :02:40. | :02:42. | |
Kingdom or France or anywhere else close by. Happy to give way. | :02:43. | :02:50. | |
I hear what he says and does he knows, I am a very strong supporter | :02:51. | :02:54. | |
of most matters from Northern Ireland. In the shape of the DUP. | :02:55. | :03:01. | |
Does he also except there are other ways of dealing with this problem | :03:02. | :03:06. | |
rather than to surrender to the European Court of Justice? That is | :03:07. | :03:10. | |
the key issue for most in this matter, it is not that we do not | :03:11. | :03:14. | |
want to restrain terrorism and exchange information. It is the | :03:15. | :03:17. | |
manner in which it is being done, at the expense of Parliament and in our | :03:18. | :03:22. | |
view those who wish to leave the European Union. I thank the | :03:23. | :03:27. | |
honourable member for his intervention. And his position. I do | :03:28. | :03:31. | |
accept his position around the European Court of Justice as well. I | :03:32. | :03:36. | |
accept that. However, there is a balance to be struck here and | :03:37. | :03:40. | |
decisions to be made. And when you put people's safeguards and lives on | :03:41. | :03:44. | |
the line here, we have to take a balanced view and my balanced view | :03:45. | :03:49. | |
is that we are better trying to protect the citizens of the United | :03:50. | :03:53. | |
Kingdom and the citizens of other parts of Europe in this respect as | :03:54. | :03:58. | |
well. I have to say whenever the Provisional IRA were putting bombs | :03:59. | :04:05. | |
in Germany and the Netherlands, maybe just if these databases had | :04:06. | :04:08. | |
been in place, people could have been apprehended before those bombs | :04:09. | :04:13. | |
went off or at least be brought to justice whenever the explosions dig | :04:14. | :04:19. | |
take place. -- did take place. If the Republic of Ireland were | :04:20. | :04:23. | |
involved in this, I think within the UK, especially Northern Ireland, | :04:24. | :04:26. | |
part of the UK, that indeed, we could have a much better cooperative | :04:27. | :04:30. | |
position and we could share that information much easier than is | :04:31. | :04:37. | |
possible at the present time. And I know that cooperation between the | :04:38. | :04:39. | |
Republic of Ireland as Northern Ireland has improved to some degree | :04:40. | :04:43. | |
between security services. There is still a lack of that stream of | :04:44. | :04:49. | |
information and I just think it would be helpful to all our citizens | :04:50. | :04:59. | |
if that information was shared. So what I am clearly saying is if you | :05:00. | :05:03. | |
have nothing to hide and society, then you have nothing to fear from | :05:04. | :05:08. | |
these proposals. I don't mind if my information goes on a database if I | :05:09. | :05:12. | |
have nothing to hide around it. I have even heard of the safeguards | :05:13. | :05:18. | |
people's information not going on if they not criminals. But it is not | :05:19. | :05:23. | |
just about terrorism, it is about wider organised crime as well. Human | :05:24. | :05:28. | |
trafficking, drugs trafficking. All of those are a scourge to society | :05:29. | :05:34. | |
throughout Europe. And we do see the public aspect of terrorism in the | :05:35. | :05:40. | |
likes of Paris and other areas. And how many people have been killed and | :05:41. | :05:43. | |
murdered. I can tell you other organised crime of drugs and human | :05:44. | :05:50. | |
trafficking brings equally as much devastation to society and | :05:51. | :05:55. | |
individuals. As many individuals are affected and have their lives ruined | :05:56. | :06:01. | |
by drugs and she went trafficking is through terrorism as well -- and | :06:02. | :06:06. | |
human trafficking. We need to be ever mindful of that. I have a | :06:07. | :06:10. | |
question for the Minister in relation to Northern Ireland. Will | :06:11. | :06:14. | |
this take a legislative consent motion in Northern Ireland or will | :06:15. | :06:19. | |
it take the approval of the Northern Ireland Executive or is it | :06:20. | :06:23. | |
automatic? Just a simple question which requires a fairly easy answer | :06:24. | :06:27. | |
I assume because I would not like to see the aspects, the positive | :06:28. | :06:31. | |
aspects, being delayed in Northern Ireland. That could be helpful to | :06:32. | :06:38. | |
our society as well. Finally, I would say, Mr David is beaker, that | :06:39. | :06:43. | |
the databases is only as good as what is put on -- deputies beaker. | :06:44. | :06:49. | |
We need a proper system for putting that information in so it is | :06:50. | :06:54. | |
available to all in our society, thank you. A pleasure to follow the | :06:55. | :07:04. | |
honourable member for Fermanagh and the. I rise briefly in this debate | :07:05. | :07:13. | |
because I am someone who is a great believer in cooperation between | :07:14. | :07:15. | |
member states and all countries on an international basis. If the aim | :07:16. | :07:20. | |
of that is to eliminate terrorism and fear and improve national | :07:21. | :07:26. | |
security. But there are a couple of things that I think needs to be | :07:27. | :07:33. | |
said. It is not necessarily about the detail of the database and how | :07:34. | :07:37. | |
the data is held, what is on the database, how it is populated, how | :07:38. | :07:41. | |
many databases there might be. Whether they are a good thing or a | :07:42. | :07:46. | |
bad thing. There is a tiny bit of principle I want to check we have | :07:47. | :07:50. | |
covered that underlies all of these points. When the honourable member | :07:51. | :07:57. | |
for Lee made his opening remarks for the opposition, it reminded us of | :07:58. | :08:03. | |
the job he had in 2005, he was given a job I Tony Blair to bring in the | :08:04. | :08:07. | |
European Arrest Warrant. At that time, I was a member of the European | :08:08. | :08:13. | |
Parliament. I participated in debates on the floor of that House, | :08:14. | :08:18. | |
talking about the extensions of powers this might bring. There was a | :08:19. | :08:25. | |
genuine concern from the opposition, the major opposition | :08:26. | :08:28. | |
party here, the Labour Party, about the direction of travel in European | :08:29. | :08:32. | |
criminal justice system. Hence the big opt out which came about. In | :08:33. | :08:40. | |
fact, if I can quote someone who does not get quoted much in this | :08:41. | :08:45. | |
House any more, Tony Blair, the former Prime Minister. On June 25, | :08:46. | :08:51. | |
2007, he was talking about criminal justice and this element and he | :08:52. | :08:54. | |
said, it is precisely the ability, talking about the opt out, it is | :08:55. | :09:03. | |
precisely the ability to pick and choose policy that is often | :09:04. | :09:06. | |
advocated. It gives us a complete freedom to protect our common law | :09:07. | :09:12. | |
system. And that was why I asked the honourable member about whether | :09:13. | :09:21. | |
security trumps common law. I will challenge him I've been maybe over a | :09:22. | :09:24. | |
pint later as to his response. We have to understand that, more | :09:25. | :09:31. | |
underpins our structure of law in general in this country and we must | :09:32. | :09:38. | |
hold that. And security is super important but we must uphold, more | :09:39. | :09:42. | |
principles. I was in the European Parliament at the same time is a | :09:43. | :09:45. | |
great gentleman, Professor Neil McCormick, an SNP member of the | :09:46. | :09:51. | |
European Parliament. He chastised me when I was letting with the idea of | :09:52. | :09:58. | |
how a European system of common justice might look going forward -- | :09:59. | :10:03. | |
flirting. He reminded me a European system goes against corpus jurists | :10:04. | :10:09. | |
and could undermine, more. And he kept reminding that Parliament that | :10:10. | :10:15. | |
we must be very wary when we look forward at measures in the emerging | :10:16. | :10:19. | |
European criminal justice system that while there might be, and many | :10:20. | :10:27. | |
of them are, sensible progressions of policy, we must make sure none of | :10:28. | :10:32. | |
them undermine our system of, more. In fact, a former Labour Home | :10:33. | :10:37. | |
Secretary Jacqui Smith put it as well as I will ever be able to -- | :10:38. | :10:44. | |
common law. In negotiating, she said, the Justice and Home Affairs | :10:45. | :10:49. | |
chapter, the government made clear its determination to protect our | :10:50. | :10:53. | |
common law system and police and judicial processes. We are clear EU | :10:54. | :11:00. | |
cooperation should not neglect fundamental principles of our | :11:01. | :11:04. | |
system. We need to know to this point today. She said, the extended | :11:05. | :11:09. | |
optimum arrangements we have secured and we on this side of the House, we | :11:10. | :11:15. | |
now have this ability to opt in. -- opt out. The extended arrangements | :11:16. | :11:22. | |
mean we have a complete choice as to whether to participate in any | :11:23. | :11:27. | |
measure. We have also ensured the jurisdiction of the ECJ cannot be | :11:28. | :11:33. | |
imposed on the United Kingdom in this area, it will only apply to the | :11:34. | :11:37. | |
extent that we have chosen to participate in this measure. | :11:38. | :11:44. | |
I think the Government should be commended in certain aspects of how | :11:45. | :11:51. | |
they have gone about this measure. Instead of opting in without | :11:52. | :11:56. | |
thought, the Home Secretary and the Minister responsible will understand | :11:57. | :12:00. | |
I have real reservations about how it will work when it comes to our | :12:01. | :12:04. | |
system of common law. But at least we have had a sensible pilot, a | :12:05. | :12:11. | |
sensible assessment and indeed put in safeguards to ensure data | :12:12. | :12:17. | |
transfer is more on our terms. As I have said, I like it when we | :12:18. | :12:22. | |
corporate with European Union partners. And indeed international | :12:23. | :12:27. | |
partners on these matters. -- cooperate. In this case, Parliament | :12:28. | :12:37. | |
has squared off opting in to things like this against the continuing of | :12:38. | :12:41. | |
element of a European system of criminal justice based on a legal | :12:42. | :12:45. | |
code directly challenging our common-law system. On that basis I | :12:46. | :12:51. | |
hope the Home Secretary will understand and hopefully the | :12:52. | :12:53. | |
minister answering can cover the points I made, and give a reflection | :12:54. | :12:59. | |
upon which he has been able to assess whether the risk of going in | :13:00. | :13:09. | |
deeper into ECJ jurisdiction is worth paying the price for these | :13:10. | :13:17. | |
measures going forward. Thank you very much, Mr Deputy Speaker. There | :13:18. | :13:22. | |
was not much choice left on this side of the tamer. -- chamber. You | :13:23. | :13:30. | |
have a distinct advantage over many members because when you entered | :13:31. | :13:34. | |
some ten minutes ago at least you knew the subject matter. I have sat | :13:35. | :13:39. | |
through this debate for almost two hours and I think some of the | :13:40. | :13:43. | |
country B shows would lead you to think this was a much more dangerous | :13:44. | :13:48. | |
proposition -- some of the cons B shows would lead you to think this | :13:49. | :13:50. | |
was a more dangerous proposition which would threaten our country. -- | :13:51. | :13:59. | |
contributions. I'm grateful to the Minister for conversations we have | :14:00. | :14:02. | |
had in the last number of weeks. For their willingness to address any | :14:03. | :14:08. | |
concerns we do have and indeed for the preparation and publication of | :14:09. | :14:14. | |
the command paper. If Prum was about the United Kingdom government | :14:15. | :14:19. | |
sending shared data to 27 other member states I would be voting | :14:20. | :14:28. | |
against. If Prum was about asking 27 other member states to come to the | :14:29. | :14:31. | |
United Kingdom and have full access, unfettered access to our data, I | :14:32. | :14:39. | |
would similarly vote against. But that, Mr Deputy Speaker, is not this | :14:40. | :14:45. | |
proposal. I think the indications from the Home Secretary and the | :14:46. | :14:48. | |
command paper has been significantly reduced from 31 million in cost and | :14:49. | :14:55. | |
it is to be welcomed. I would welcome the intervention if the Home | :14:56. | :15:00. | |
Secretary could help me with a small level of confusion arising from the | :15:01. | :15:05. | |
contribution from my honourable friend, the member for Leicester. He | :15:06. | :15:10. | |
suggested we need to put information on a database. My understanding was | :15:11. | :15:17. | |
that we have got three databases for vehicle registration, DNA and | :15:18. | :15:22. | |
fingerprints and it is through the existing databases such information | :15:23. | :15:28. | |
would be shared. I am grateful to have the opportunity to confirm what | :15:29. | :15:33. | |
he has just said. There are databases for DNA and we will | :15:34. | :15:37. | |
restrict information available in relation to the Prum checks, vehicle | :15:38. | :15:39. | |
registration and finger prints databases. The chairman of the Home | :15:40. | :15:45. | |
Affairs Select Committee mentioned a variety of databases. There are some | :15:46. | :15:50. | |
issues in the European Union about collectivity of certain databases to | :15:51. | :15:55. | |
catch terrorists but in the Prum decision, the gentleman is | :15:56. | :15:58. | |
absolutely correct. It is those three databases we are talking | :15:59. | :16:02. | |
about. I am incredibly grateful for that indication. It satisfies my | :16:03. | :16:10. | |
confusion as to any error on the part of the select committee. He is | :16:11. | :16:23. | |
a nice man! And I did not mean it! Mr Deputy Speaker, I am a | :16:24. | :16:28. | |
Eurosceptic. But I am pragmatically a Eurosceptic. I have heard some | :16:29. | :16:35. | |
laughter from across the chamber. I think it is important that for those | :16:36. | :16:38. | |
of us when we agree on certain constitution issues, we will unite | :16:39. | :16:44. | |
around them. But I have a difference of opinion with those named on the | :16:45. | :16:47. | |
amendment and I think it is important to outline. I will give | :16:48. | :16:54. | |
way to the honourable member. I am glad to hear the honourable | :16:55. | :16:58. | |
gentleman is a Eurosceptic. I take it from what he said that he would | :16:59. | :17:01. | |
be inclined to leave the European Union. Does the accent that in fact | :17:02. | :17:06. | |
if he did accept this motion... Order. We are definitely not going | :17:07. | :17:12. | |
to go into that debate at this stage! You do not need to save me, | :17:13. | :17:18. | |
Mr Deputy Speaker. But we can talk about that outside the chamber. As a | :17:19. | :17:26. | |
pragmatic Eurosceptic I had to look at the paper and assess the details. | :17:27. | :17:31. | |
I think the important details reckon as the police service of Northern | :17:32. | :17:34. | |
Ireland is part of the scheme and recognises that there were instances | :17:35. | :17:38. | |
of a successful hit involving a rape case with a German national. When I | :17:39. | :17:45. | |
read statistics, it indicated in this paper that one third of crimes | :17:46. | :17:49. | |
carried out in the city of London are carried out by foreign national | :17:50. | :17:53. | |
offenders and that one third of them representing 33,000 individuals are | :17:54. | :17:57. | |
EU nationals and these figures are from 2013-14. I think we do need to | :17:58. | :18:02. | |
look at ways in which we can speed up the investigation process but not | :18:03. | :18:08. | |
hamstring the authorities in this country today. That is why when I | :18:09. | :18:15. | |
intervened I made reference to page 23 of the command paper. I made | :18:16. | :18:19. | |
reference to the inherent delays associated with Interpol and how it | :18:20. | :18:26. | |
will continue to operate in the system for those 34,500 foreign | :18:27. | :18:28. | |
national offenders not from the European Union. Here we have the | :18:29. | :18:32. | |
opportunity to protect citizens in this city, in this country, today | :18:33. | :18:37. | |
with this decision. I think it is an important one. There was reference | :18:38. | :18:43. | |
earlier to the Republic of Ireland. They have not yet taken this | :18:44. | :18:47. | |
decision. I hope they do. The Secretary of State for Northern | :18:48. | :18:50. | |
Ireland was present at the select committee this afternoon. 16 | :18:51. | :18:56. | |
terrorist attacks carried out in Northern Ireland this year of | :18:57. | :19:01. | |
national security concern. Many of those involved in dissident | :19:02. | :19:04. | |
republican circles will be operating across the UK and the Republic of | :19:05. | :19:07. | |
Ireland borders. I will give way to the honourable member. I thank him | :19:08. | :19:12. | |
for giving way. Would he agree that we are sending a strong message of | :19:13. | :19:17. | |
support and it would send a message to the parliament in the Republic of | :19:18. | :19:20. | |
Ireland that it is time for them to join us and therefore make it easier | :19:21. | :19:23. | |
to tackle cross-border fuel crimes we have been talking about in other | :19:24. | :19:28. | |
contexts in Northern Ireland? I am very grateful for that intervention. | :19:29. | :19:33. | |
It is crucially important. I want engagement with the police service | :19:34. | :19:36. | |
of Northern Ireland and we would like colleagues and friends and I | :19:37. | :19:38. | |
would be grateful for an indication from the Minister in response that | :19:39. | :19:43. | |
the discussions are ongoing with the Republic of Ireland and we can share | :19:44. | :19:45. | |
information, data and experience with them... So that they can | :19:46. | :19:52. | |
similarly benefit from... I will give way. I thank my honourable | :19:53. | :19:59. | |
friend for giving way. When we look at the facts and figures, Mr Deputy | :20:00. | :20:05. | |
fuel and oil boundaries in Northern Ireland I the PSNI, over 50,000 | :20:06. | :20:16. | |
seizures, over 500 seizures of cigarettes and 25.5 euros, that is | :20:17. | :20:23. | |
what they can do, the police service of Northern Ireland and with the | :20:24. | :20:26. | |
help from companies they could do even more. I do not disagree. I | :20:27. | :20:31. | |
never could with my honourable friend! I think that is the 10th | :20:32. | :20:34. | |
time he has contributed to proceedings in this chamber. And | :20:35. | :20:39. | |
there will be many more, indeed. I will not labour the point. We | :20:40. | :20:43. | |
support this from a pragmatic perspective. I want to conclude with | :20:44. | :20:48. | |
two Gentle points for the shadow home secretary if I may. First, I | :20:49. | :20:54. | |
agree with the member for Ashford and others in this chamber who have | :20:55. | :20:57. | |
taken issue with the suggestion that if you look after national security, | :20:58. | :21:01. | |
Civil Liberties look after themselves. There are countless | :21:02. | :21:07. | |
examples of Draconian societies in this world where national security | :21:08. | :21:10. | |
is so much at the behest of civil liberties. And I think the | :21:11. | :21:15. | |
considered point about the balance between the two is much more | :21:16. | :21:20. | |
appropriate. It is not my role, as you know, to stand up and come to | :21:21. | :21:27. | |
the rescue of the Home Secretary. But I see no U-turn. I see no U-turn | :21:28. | :21:34. | |
in this whatsoever. The point made by the shadow Home Secretary and | :21:35. | :21:38. | |
with a smile on his face, the chairman of the Home Affairs Select | :21:39. | :21:42. | |
Committee, I think this is the point. The Home Secretary was quite | :21:43. | :21:47. | |
clear in July in 2014 for the reasons for delay. They wish to | :21:48. | :21:53. | |
avoid infraction proceedings from the European Union. I would go one | :21:54. | :21:58. | |
step further. There is one point in this paper which I think has been | :21:59. | :22:01. | |
missed by many. At that time, Northern Ireland represented is -- | :22:02. | :22:06. | |
representatives were standing against the decision to close | :22:07. | :22:11. | |
Coleraine and DVLA. That is the licensing registration. A key | :22:12. | :22:17. | |
component of Prum was it had to have a centralised collection of data for | :22:18. | :22:22. | |
vehicle registration. Government could not proceed until they close | :22:23. | :22:28. | |
the facility we had in Coleraine. They may not be honest enough about | :22:29. | :22:33. | |
it. Because the decision to centralise services only became | :22:34. | :22:36. | |
operative on the 21st of June in 2014, the decision had to be made | :22:37. | :22:44. | |
that Prum needed to be delayed. I take no enjoyment in highlighting | :22:45. | :22:49. | |
that fact. I think it does serve to save the Home Secretary could not, | :22:50. | :22:53. | |
when it was centralised, they did not have it, they did not have it | :22:54. | :22:57. | |
until they close the vehicle licensing centre in Coleraine. With | :22:58. | :23:03. | |
that point, and perhaps nodding to those unhappy today, I indicate our | :23:04. | :23:08. | |
support, pragmatic support for the proposal which I think will reassure | :23:09. | :23:13. | |
and reinforce the security efforts and the safety of citizens in this | :23:14. | :23:16. | |
country and throughout the European Union as well. | :23:17. | :23:21. | |
This is becoming something of an annual event that the Home Office | :23:22. | :23:27. | |
brings forward a further passing of powers to the European Union, just | :23:28. | :23:31. | |
over one year ago we had the arrest warrant and all that went with that. | :23:32. | :23:36. | |
Now we have got Prum. Whatever your pronunciation. We have had briefings | :23:37. | :23:43. | |
in the press that my honourable friend the Home Secretary was going | :23:44. | :23:47. | |
to become the Queen Boadicea of the league campaign and was going on a | :23:48. | :23:52. | |
winged chariot to be putting the case for why we should have less | :23:53. | :23:55. | |
Europe instead of more. Instead we get this today. We get this brought | :23:56. | :24:00. | |
before us on the grounds of necessity. That it is the only way | :24:01. | :24:04. | |
we can cooperate with our friends in Europe. Countries that wish to have | :24:05. | :24:09. | |
arguments put for it are arguments put for it are | :24:10. | :24:13. | |
superficially very attractive. There is nobody in this House who would | :24:14. | :24:18. | |
want to stop terrorists being arrested and rapists going three and | :24:19. | :24:22. | |
petrol smuggled between northern and southern Ireland. We want the | :24:23. | :24:26. | |
wrongdoers to be arrested. We want them to be caught and put in prison. | :24:27. | :24:31. | |
That is true. We want efficient systems put in place that make sure | :24:32. | :24:35. | |
it happens. There is absolute unanimity in this House. We probably | :24:36. | :24:40. | |
accept among the criminal fraternity in the country at large these facts. | :24:41. | :24:46. | |
Then we hear it can only be done one way and the only way is more Europe. | :24:47. | :24:49. | |
The only way is with the commission and court of justice. But Interpol, | :24:50. | :24:55. | |
according to my right honourable friend, the Home Secretary and | :24:56. | :24:58. | |
others who have spoken, sounds like it is run by Inspector Clouseau, | :24:59. | :25:03. | |
using sticks to carry messages between countries. That it is so | :25:04. | :25:08. | |
slow and in, didn't it is hard to understand why Interpol exists at | :25:09. | :25:13. | |
all. If it is quite so incompetent and lazy and idle at passing | :25:14. | :25:16. | |
information around the world, why are we contributing to keeping it | :25:17. | :25:22. | |
up? Is there a case for a form for Interpol to do something about it to | :25:23. | :25:25. | |
make sure internationally and not just in the narrow European sphere | :25:26. | :25:29. | |
we have got a means, method and ability to transmit information | :25:30. | :25:33. | |
relating to these dangerous criminals? No, we will not bother | :25:34. | :25:38. | |
with that. It might be hard work. Something has to be done. It might | :25:39. | :25:42. | |
upset the nice expanding imperial European Union, which of course has | :25:43. | :25:47. | |
to have more powers gathered for itself. The only thing that can be | :25:48. | :25:52. | |
done is it must be done with the full mechanism of the European | :25:53. | :25:55. | |
Union. There is no other way. And we assumed that if we were to offer | :25:56. | :26:01. | |
bilateral agreement, intergovernmental agreement, it | :26:02. | :26:05. | |
would be refused. The Home Office said it would be refused. It would | :26:06. | :26:09. | |
be too difficult. Because there is another mechanism in the European | :26:10. | :26:13. | |
Union. That makes the assumption that our friends, partners and | :26:14. | :26:18. | |
allies in Europe are so wedded to the idea of the European Union that | :26:19. | :26:22. | |
they will not do something they themselves wish to do because we | :26:23. | :26:27. | |
will not agree to their specific structures for doing it and | :26:28. | :26:32. | |
therefore we must be the ones to accept the structures instead of | :26:33. | :26:36. | |
having a negotiation with them over what they may be. This strikes me as | :26:37. | :26:44. | |
perverse. We know our friends in France are keen to have this | :26:45. | :26:49. | |
exchange of information. Is the Home Secretary saying the French would | :26:50. | :26:53. | |
not agree to an intergovernmental bilateral agreement that we would | :26:54. | :26:56. | |
give them information and they would give information to us, because it | :26:57. | :27:02. | |
does not meet the European ideal? Is that really what her Majesty 's | :27:03. | :27:05. | |
government is saying? Is that the case with Germany, Italy and Spain? | :27:06. | :27:10. | |
Are they saying we attach so much in importance to the European Union | :27:11. | :27:13. | |
that even though we wish to share in the nation with you, even though we | :27:14. | :27:17. | |
think it is important, that it would cut crime, we are not willing to do | :27:18. | :27:21. | |
so? I will give way to the honourable member. | :27:22. | :27:30. | |
There is also the decision taken by Denmark a few days ago in this | :27:31. | :27:38. | |
enormous description of the kaleidoscope of European unity. My | :27:39. | :27:42. | |
honourable friend is quite right, the Danish question is one of | :27:43. | :27:45. | |
importance because Denmark, having had a referendum and having trusted | :27:46. | :27:49. | |
their people, which we may do soon but not on this because this is so | :27:50. | :27:52. | |
instrumental to catching terrorists and people cannot be trusted to | :27:53. | :27:56. | |
decide whether they want to do that or not, no, this must be done by the | :27:57. | :27:59. | |
government after a three-hour debate, although we are lucky to get | :28:00. | :28:07. | |
a debate which we did not get on the European arrest warrant. What he | :28:08. | :28:10. | |
appears to be suggesting is that we have a series of bilateral | :28:11. | :28:13. | |
agreements with 20 other member States and the European Union. Isn't | :28:14. | :28:17. | |
that what is being proposed tonight but in a more efficient way? The | :28:18. | :28:24. | |
honourable gentleman is only party -- partly right. A curate 's egg if | :28:25. | :28:29. | |
I may say so. It is regrettably rotten in parts. The point at which | :28:30. | :28:35. | |
it is rotten is that is it is -- if it is done in this way comes under | :28:36. | :28:39. | |
the competence of the European Court of Justice and proceedings can be | :28:40. | :28:43. | |
brought by the commission. Why is this important? I accept there are | :28:44. | :28:49. | |
protections built into Prum, that there are limits on the application | :28:50. | :28:52. | |
of what the European Court of Justice can do, but it needs to be | :28:53. | :28:57. | |
seen in a whole package. What we are agreeing to today is that the | :28:58. | :29:02. | |
investigatory function should be centralised at European level, the | :29:03. | :29:06. | |
investigatory function in relation to data held by governments, we're | :29:07. | :29:10. | |
agreed a year ago that the arrest function should be centralised with | :29:11. | :29:19. | |
European competence so we have an investigation, we have a rest, we | :29:20. | :29:22. | |
have a proposal from the European Commission for a European public | :29:23. | :29:27. | |
prosecutor. So far resisted, but this was resisted a year ago and the | :29:28. | :29:31. | |
European arrest warrant was not Conservative Party policy until a | :29:32. | :29:34. | |
year ago, so I wonder at the honourable gentleman sees where I am | :29:35. | :29:39. | |
going? This is part of a package of creating European criminal justice | :29:40. | :29:43. | |
system, and it comes, one by one, bit by bit, on every occasion it is | :29:44. | :29:49. | |
said to be essential and that there is no opportunity of doing it | :29:50. | :29:52. | |
differently, but if there is no opportunity of doing it differently, | :29:53. | :29:57. | |
why is my right honourable friend, the Prime Minister, racing around | :29:58. | :30:03. | |
European capitals, trying to reorganise -- organiser | :30:04. | :30:06. | |
re-negotiation. Is that not banging our heads against a brick wall? | :30:07. | :30:09. | |
Surely we should be saying in the re-negotiation, as was intimated | :30:10. | :30:15. | |
year ago and there has been no delivery on at all, that we would | :30:16. | :30:18. | |
make the European arrest warrant and all that goes with it part of the | :30:19. | :30:23. | |
re-negotiation, so that we would go back to the status quo, the status | :30:24. | :30:28. | |
quo ante from where we were prior to the Lisbon Treaty, that we do these | :30:29. | :30:32. | |
things on an intergovernmental basis. Denmark, as my right | :30:33. | :30:42. | |
honourable friend, my honourable friend, the member for Stone, | :30:43. | :30:45. | |
pointed me in the direction of Denmark. Denmark has said no. | :30:46. | :30:48. | |
Denmark will want to make arrangements with fellow European | :30:49. | :30:52. | |
Union States to ensure that with our friends and our allies, they with | :30:53. | :30:59. | |
their friends and allies have a means of exchanging data, of doing | :31:00. | :31:03. | |
all of these sensible things that everybody in this house is in favour | :31:04. | :31:07. | |
of and that must be the right thing for us also to do. But actually, it | :31:08. | :31:12. | |
is better than that because if we were to do it on an | :31:13. | :31:15. | |
intergovernmental basis we may decide that there are some member | :31:16. | :31:20. | |
States of the European Union whose criminal justice systems we do not | :31:21. | :31:24. | |
think are up to it, and I think this is an important point. My honourable | :31:25. | :31:29. | |
friend for South Dorset referred to his constituents and the disgraceful | :31:30. | :31:33. | |
way in which it was treated, and that was in a country where we do | :31:34. | :31:37. | |
not have the same confidence that we have in the criminal justice | :31:38. | :31:41. | |
processes as we do in a country like Germany or France or the United | :31:42. | :31:46. | |
States or Canada. I think that gives us greater flexibility and there are | :31:47. | :31:49. | |
a number of ways in which it could be done. We could have | :31:50. | :31:53. | |
intergovernmental agreements with the European Union as a body. The | :31:54. | :31:56. | |
European Union has a legal personality and it is therefore | :31:57. | :32:00. | |
possible to do it on that basis but maintain control of it, maintain the | :32:01. | :32:04. | |
rights we enjoy already and stop this rush, rush is perhaps an | :32:05. | :32:11. | |
exaggeration. The last debate was one year ago! It is a rush in | :32:12. | :32:17. | |
European terms to establishing a single criminal justice system. It | :32:18. | :32:23. | |
is worrying that a government that portrays itself in election | :32:24. | :32:30. | |
campaigns, in propaganda, in statements, as Eurosceptic, whenever | :32:31. | :32:34. | |
it comes to the details of what it is doing turns out to think the | :32:35. | :32:38. | |
answer is more Europe. It then says that this has to be done because we | :32:39. | :32:44. | |
are at danger if we do not do it. The only reason we are at danger is | :32:45. | :32:50. | |
because we assume that the European Union and its member States will not | :32:51. | :32:54. | |
themselves be rational in their dealings with us, so that we must | :32:55. | :33:01. | |
always give in to them. One of the greatest prime ministers this | :33:02. | :33:05. | |
country ever saw, William Pitt, said that a necessity was the plea for | :33:06. | :33:12. | |
every infringement of human freedom. It was the play of tyrants and the | :33:13. | :33:21. | |
creed of slaves. This argument is dependent on necessity. I do not | :33:22. | :33:25. | |
wish this government to be tyrannosaur, nor do I wish to be a | :33:26. | :33:32. | |
slave. My right honourable friend, the Home Secretary, has made a very | :33:33. | :33:36. | |
strong case for the functions which this measure would deliver and that | :33:37. | :33:42. | |
is because there is a very strong case for the functions that would be | :33:43. | :33:46. | |
delivered and I am astonished that Interpol does not make such | :33:47. | :33:48. | |
functions available to the whole world and we seem to have given up | :33:49. | :33:53. | |
on making Interpol fit for the 21st century and a world of global crimes | :33:54. | :33:56. | |
in which we ought to be able to pursue people wherever they come | :33:57. | :34:01. | |
from, not merely in the European Union. The key problem at stake here | :34:02. | :34:07. | |
is actually rehearsed in the government's business case for Prum. | :34:08. | :34:12. | |
It says on page 51, the current government would not have ceded CJ | :34:13. | :34:19. | |
your restriction over policing and criminal justice over negotiation of | :34:20. | :34:22. | |
the Lisbon Treaty. We see immediately where the | :34:23. | :34:28. | |
governmenthearties. It is clear that accepting the Court of Justice in | :34:29. | :34:32. | |
the EU jurisdiction is not risk free. This is because they can rule | :34:33. | :34:39. | |
in unexpected and unhelpful ways. It goes on to talk about how difficult | :34:40. | :34:43. | |
it is to overturn decisions that have made by that court and it goes | :34:44. | :34:52. | |
on to say the government considers that the risk of CJEU jurisdiction | :34:53. | :34:56. | |
is at its greatest in matters to substantive criminal law and this is | :34:57. | :34:59. | |
a matter that should be determined by our sovereign parliament, | :35:00. | :35:02. | |
particularly given the relative measures are often open to wide | :35:03. | :35:06. | |
interpretation. This also reduces the risk of the EU obtaining | :35:07. | :35:12. | |
exclusive competence in relationship to such matters. The government | :35:13. | :35:15. | |
expresses concern about the prospect of third country agreements and this | :35:16. | :35:20. | |
is the problem. If we hand over control over this area, we will be | :35:21. | :35:26. | |
in a position where the EU is able to enter into third country | :35:27. | :35:29. | |
agreements and we will not be able to do anything about it because we | :35:30. | :35:33. | |
will be under the jurisdiction about European Court. This is the heart of | :35:34. | :35:37. | |
the matter. Again and again and again the government is a foot | :35:38. | :35:41. | |
dragon and a reluctant participant in these European men -- measures | :35:42. | :35:46. | |
and yet we go ahead anyway, despite all of our misgivings. This is | :35:47. | :35:49. | |
something which we really ought not be going ahead and doing. Despite | :35:50. | :35:53. | |
how other members have played it down it is a serious matter that we | :35:54. | :35:57. | |
should, as my honourable friend for North Somerset has explained, we | :35:58. | :36:03. | |
should be progressively surrendering our own system of justice and | :36:04. | :36:06. | |
criminal affairs. I do not think it is right that we should constantly | :36:07. | :36:10. | |
be positioning ourselves as judging on merits moment after moment and be | :36:11. | :36:15. | |
continuing down a path to this position of integration. My | :36:16. | :36:20. | |
honourable friend, the Prime Minister, and the Home Secretary, | :36:21. | :36:23. | |
has made similar remarks at points in the past. I will not torture them | :36:24. | :36:28. | |
by putting them onto the record now but it seems to me there is at work | :36:29. | :36:32. | |
here a clash between heart and head. In our hearts we want our parliament | :36:33. | :36:36. | |
to be sovereign and we want to cooperate in pragmatic and | :36:37. | :36:40. | |
reasonable ways. Of course we all do. Then our pragmatism takes over, | :36:41. | :36:44. | |
the government 's pragmatism takes over. It seems that incorporate an | :36:45. | :36:48. | |
intergovernmental basis the right to bring issue such a treaty rise with | :36:49. | :36:53. | |
the European Commission. They are not interested in bringing forward | :36:54. | :36:57. | |
such a treaty because there is already the Prum arrangements before | :36:58. | :37:01. | |
us, so what do we do? Instead of asking the Prime Minister to | :37:02. | :37:05. | |
re-negotiate this particular set of powers in his renegotiation which is | :37:06. | :37:08. | |
outstanding and which would be consistent with what he said before | :37:09. | :37:12. | |
and consistent with the tone of what is in the report. Instead of asking | :37:13. | :37:17. | |
to re-negotiate, instead we do what is easy and we opt in because there | :37:18. | :37:20. | |
it is before us. I think we should go another way, Mr Deputy Speaker, I | :37:21. | :37:25. | |
think we should vote to leave the European Union, we should take | :37:26. | :37:29. | |
control back to our Parliament and of course deliver these practical, | :37:30. | :37:35. | |
sensible measures with safeguards which at this Parliament can have | :37:36. | :37:38. | |
authority over and go forward on a different basis of trading | :37:39. | :37:43. | |
Corporation and act to deliver it as we mean it. I am glad we have had | :37:44. | :37:51. | |
the opportunity to debate the business and implementation of the | :37:52. | :37:55. | |
Prum decisions. It has been a very wide range of debate and I | :37:56. | :37:59. | |
appreciate that. I am pleased to say that I support the conclusion in | :38:00. | :38:03. | |
favour of rejoining. I also welcome the government's change of heart | :38:04. | :38:08. | |
relating to these decisions, even if it has taken over a year to reach | :38:09. | :38:12. | |
this point. I am glad they are now listening to the evidence, rather | :38:13. | :38:16. | |
than just their backbenchers fears about the E. They recognise these | :38:17. | :38:19. | |
measures improved policing capability in the United Kingdom and | :38:20. | :38:24. | |
across the house. I would like to pay tribute to the Right Honourable | :38:25. | :38:28. | |
members of Lee and Ashford who made reference to the fact that our | :38:29. | :38:32. | |
freedoms, civil liberties and laws are built on the foundations of | :38:33. | :38:52. | |
security and safety for all of our citizens and I believe that Prum | :38:53. | :38:55. | |
seeks to enhance that. The recent attacks in Paris have again | :38:56. | :38:56. | |
demonstrated the importance of working closely with other member | :38:57. | :38:59. | |
States, to ensure that our police forces have the best possible means | :39:00. | :39:01. | |
at their disposal for combating crime and ensuring the protection of | :39:02. | :39:03. | |
our citizens. I thank the shadow minister for giving way. Interpol | :39:04. | :39:07. | |
has a motto that says, connecting police for a safer world. I do | :39:08. | :39:14. | |
actually accept the point that Interpol could do this very well if | :39:15. | :39:18. | |
it was to get its act together. Not just in Europe, but across the | :39:19. | :39:24. | |
world. I thank the honourable member for his intervention and for me, | :39:25. | :39:28. | |
personally, I think we should use all measures and all tools at our | :39:29. | :39:32. | |
disposal because what I am seeing, particularly in my field of abuse, | :39:33. | :39:36. | |
is that the criminals are working internationally now and we must do | :39:37. | :39:39. | |
all that we can to try and prevent that. I am aware that opting into | :39:40. | :39:46. | |
Prum may seem like a technical matter but it speaks to a deeper | :39:47. | :39:51. | |
issue, that we can and do achieve more by cooperation with our | :39:52. | :39:54. | |
European partners family can individually. On this side of the | :39:55. | :39:57. | |
house with firmly believe that by working with our European partners | :39:58. | :40:00. | |
on matters such like this we are more than just the sum of our parts. | :40:01. | :40:06. | |
As we heard these decisions have requirements are sharing data on DNA | :40:07. | :40:12. | |
profiles and fingerprint images. These are vital needs for improving | :40:13. | :40:17. | |
policing across the EU. However, in an attempt to appease Eurosceptic | :40:18. | :40:21. | |
backbenchers this government opted out of them in 2013, with this | :40:22. | :40:26. | |
taking effect on the first December 2014. Although the government opted | :40:27. | :40:32. | |
back into 35 justice measures the Prum decision was not amongst them. | :40:33. | :40:36. | |
Labour was opposed to this decision at the time and we are pleased that | :40:37. | :40:39. | |
the government has come to its senses and now sees the benefit of | :40:40. | :40:45. | |
these measures. Before I come onto why we support rejoining Prum and | :40:46. | :40:48. | |
bring forward some outstanding questions for the minister, it is | :40:49. | :40:52. | |
important that we set the original opt out in context. The Right | :40:53. | :40:56. | |
Honourable member for Leicester East reminded that house that in | :40:57. | :41:00. | |
justifying the decision not to rejoin Prum in July last year the | :41:01. | :41:03. | |
Home Secretary stated that they had neither the time nor the money. I'm | :41:04. | :41:07. | |
glad to see that they now have the time and the money to devote to this | :41:08. | :41:12. | |
important issue. It is hard to shake the suspicion that as well as time | :41:13. | :41:18. | |
and money, the government were lacking the inclination last year, | :41:19. | :41:22. | |
due to the need to appease their backbenchers. We all remember the | :41:23. | :41:25. | |
pressure they were under in regard to the European arrest warrant and | :41:26. | :41:29. | |
we have seen today there are divisions within the party regarding | :41:30. | :41:33. | |
Prum. I welcome the change in stance and the willingness of the Tory | :41:34. | :41:37. | |
party to now stand up to their backbenchers but I do wish there had | :41:38. | :41:41. | |
not been the need for a delay of over a year. The demonstrated | :41:42. | :41:45. | |
benefits of Prum mean there is likely to have been a negative | :41:46. | :41:48. | |
impact on British policing caused by this delay so it is important | :41:49. | :41:52. | |
legislation is now brought forward as soon as possible. I would now | :41:53. | :41:54. | |
like to turn to the benefits. And outlined. The business case | :41:55. | :42:08. | |
clearly showed there would be public protection benefits, there is a need | :42:09. | :42:12. | |
for balance and safeguards. I have a number of questions relating to this | :42:13. | :42:16. | |
and I would appreciate it if their minister could answer. It is right | :42:17. | :42:22. | |
and proper if we only send information abroad about people | :42:23. | :42:29. | |
convicted in the UK. The risk of positive matches is another serious | :42:30. | :42:34. | |
issue. While it is promising that the government business case find | :42:35. | :42:39. | |
there was increased convergence in DNA testing across member states, we | :42:40. | :42:45. | |
would like to see a requirement that DTP collected using quality | :42:46. | :42:51. | |
assurances. On this issue, handmade minister confirmed prior to chance | :42:52. | :42:59. | |
feeding -- transcending information there will be more than the minimum | :43:00. | :43:03. | |
of six local I required by Prum Decisions. Can the Minister give an | :43:04. | :43:11. | |
example of when the Minister thinks the test would prevent personal | :43:12. | :43:14. | |
information being sent abroad due to the offence being investigated being | :43:15. | :43:19. | |
insufficiently serious. The test for proportionality is not included in | :43:20. | :43:25. | |
the government's draft legislation, can the Minister clarify whether it | :43:26. | :43:28. | |
would be on the face of any legislation and to be be responsible | :43:29. | :43:33. | |
for taking his decisions? In additions to these concerns, I have | :43:34. | :43:39. | |
another -- a number of other outstanding issues I would like | :43:40. | :43:44. | |
clarified. The cost of Prum Decisions will be ?13 million and | :43:45. | :43:47. | |
there will be additional downstream costs, can the Minister clarify how | :43:48. | :43:53. | |
the is eating millions are being made from the previous estimate of | :43:54. | :43:58. | |
13 million? What are the annual costs for the rest of this | :43:59. | :44:03. | |
Parliament? It is important that is ongoing transparency and scrutiny to | :44:04. | :44:07. | |
make sure the measures are operating effectively. Minister tell the House | :44:08. | :44:11. | |
what plans that are to publish details of the number of number of | :44:12. | :44:14. | |
pieces of information being sent abroad from the UK as well as the | :44:15. | :44:20. | |
number being denied due to feelings of their proportionality test? Can | :44:21. | :44:24. | |
the Minister also tell the House about the time frame of bringing | :44:25. | :44:29. | |
forward the legislation to rejoin Prum Decisions and how long until | :44:30. | :44:34. | |
the system is operational? Given the delay caused by the initial opt out | :44:35. | :44:38. | |
of Prum Decisions, preventing further delays should be a matter of | :44:39. | :44:44. | |
priority for the government. Labour supported them Prum Decisions when | :44:45. | :44:47. | |
they were in government and supported the opt out, we are | :44:48. | :44:52. | |
therefore happy to support the motion to de-authorising the | :44:53. | :44:59. | |
government to rejoin. -- authorising the government. Thank you, Mr Deputy | :45:00. | :45:06. | |
Speaker, can I thank all those who took part in the debate. We have | :45:07. | :45:12. | |
listened carefully to their range of opinions expressed and the different | :45:13. | :45:15. | |
views which were provided by the honourable gentleman of the front | :45:16. | :45:24. | |
bench, the Member for Southwest, Ashford, Berwick-upon-Tweed, | :45:25. | :45:32. | |
Belfast, Somerset and rather. It has been good we have had a debate | :45:33. | :45:37. | |
representing all of the different aspects of their views. -- and | :45:38. | :45:44. | |
rather run. It is right we underline the benefits which are given through | :45:45. | :45:51. | |
the Prum Decisions. Before I respond to some of the specific points which | :45:52. | :45:56. | |
have been raised, I would like to make some opening comments and | :45:57. | :46:01. | |
observations. Firstly, the evidence gathered both with our pilot and the | :46:02. | :46:09. | |
already operating system, shows that overwhelmingly signing up to Prum | :46:10. | :46:13. | |
Decisions will benefit our police and help keep the country safe. This | :46:14. | :46:18. | |
is not a case of guessing what will happen. We actually have the | :46:19. | :46:23. | |
evidence. As the Leader of the House of Lords us in July last year, we | :46:24. | :46:29. | |
want to participate in measures which contribute to the fight | :46:30. | :46:34. | |
against international crime, that remains the position now and in our | :46:35. | :46:38. | |
judgment Prum Decisions is clearly in that category. When I see a | :46:39. | :46:42. | |
foreign national walking around free in the UK is now Langbaurgh is | :46:43. | :46:48. | |
because of our pilot, I can only conclude that that is a good thing. | :46:49. | :46:56. | |
-- is now behind bars. I hope this is a view which is shared across the | :46:57. | :47:04. | |
House and shared by the public. Its use in investigating and identifying | :47:05. | :47:09. | |
at least one of the Paris attackers seems particularly pertinent at this | :47:10. | :47:14. | |
time. From my time as security minister, I know how important it is | :47:15. | :47:18. | |
we get the police the tools they need to do the vital job of keeping | :47:19. | :47:25. | |
us safe. Keeping the public sees is the most important task entrusted to | :47:26. | :47:29. | |
us as members of this House. -- the public safe. We already exchange | :47:30. | :47:35. | |
information with other countries. Prum Decisions is about automating | :47:36. | :47:41. | |
and speeding up that cooperation. Making it business as usual thorough | :47:42. | :47:45. | |
police and increasing their capabilities to solve crime. When my | :47:46. | :47:52. | |
right honourable friend spoke earlier, she quoted various senior | :47:53. | :47:55. | |
law-enforcement officers who support joining Prum Decisions. When you | :47:56. | :48:01. | |
think it can take months for the Interpol system to work, but under | :48:02. | :48:09. | |
Prum, DNA and fingerprints would be available within ten seconds, 15 | :48:10. | :48:14. | |
minutes and 24-hour is respectively so you can see why they support it. | :48:15. | :48:21. | |
When the heads of the Metropolitan Police, and the crime prosecution | :48:22. | :48:24. | |
service are unequivocal about that fact, it is therefore important that | :48:25. | :48:30. | |
we be attention. If I can finish this point, it is worth repeating | :48:31. | :48:35. | |
that the director of public prosecutions has said the existing | :48:36. | :48:40. | |
process, the lack of response times, often leads to delay and can take | :48:41. | :48:44. | |
many months for a response to be processed which provides the | :48:45. | :48:48. | |
assailant with time to leave the UK or even commit further offences, | :48:49. | :48:55. | |
both of which are unacceptable. She added that the automated search for | :48:56. | :49:01. | |
data provided by the Prum Decisions is more likely to lead to the | :49:02. | :49:06. | |
earlier detection of claims and detention of those responsible. | :49:07. | :49:09. | |
Prosecutions will be able to take place with evidence which is | :49:10. | :49:12. | |
otherwise unavailable which will in turn reduce the number of unsolved | :49:13. | :49:16. | |
crimes such as murder and rape committed by foreign nationals and | :49:17. | :49:21. | |
provide an improved service to the public and victims and their | :49:22. | :49:25. | |
families. It is not only about locking up foreign criminals but | :49:26. | :49:30. | |
about justice for victims. Thank you. I'm grateful to the Minister. | :49:31. | :49:35. | |
He will know from the comments made by a number of members that there | :49:36. | :49:39. | |
has been criticism of the fact that the Irish government has not signed | :49:40. | :49:44. | |
up this convention. I am curious to know when any minister in the Home | :49:45. | :49:50. | |
Office has spoken to a minister in the Irish government about improving | :49:51. | :49:55. | |
cooperation in fighting terrorism and policing, it is important that | :49:56. | :49:59. | |
is that cooperation between the British Government and the Irish | :50:00. | :50:04. | |
government on this serious issue. I can assure her that we actually have | :50:05. | :50:09. | |
regular discussions with the Republic of Ireland government. | :50:10. | :50:17. | |
About issues of security, safety, the operation of Common travel | :50:18. | :50:22. | |
areas, recognising the sheared risks and beans so it is something I can | :50:23. | :50:28. | |
assure her that the most recent discussion took place last week when | :50:29. | :50:31. | |
I had a conversation with the Irish Justice Ministry. These are things | :50:32. | :50:37. | |
we take seriously. We recognise the specific issues and challenges we | :50:38. | :50:41. | |
need to keep in mind of why that is an open dialogue. I will give way. | :50:42. | :50:49. | |
Thank you. I thank the Minister for giving way. I'm still confused as to | :50:50. | :50:54. | |
why Interpol would take months to provide such information when this | :50:55. | :51:04. | |
Prum can do it in minutes, seconds, something is wrong. Why is Interpol | :51:05. | :51:09. | |
so incompetent? I think my honourable friend is talking about | :51:10. | :51:19. | |
two different things. The process with Prum is an automatic process, a | :51:20. | :51:26. | |
portal by which member states and third information against other | :51:27. | :51:30. | |
member states. The processes through Interpol are much more manual and | :51:31. | :51:35. | |
therefore intensive which explains the differences in time. We have | :51:36. | :51:41. | |
considered these issues carefully. The Interpol arrangements remain | :51:42. | :51:44. | |
valid and we continue to work to seek further improvement but I do | :51:45. | :51:49. | |
not think that stands in the way of what is proven to be an effective | :51:50. | :51:53. | |
system which will help us in the fight against Crewe banality. The | :51:54. | :51:59. | |
further point I would make is that security, public station and civil | :52:00. | :52:04. | |
liberties only to be balanced. -- criminality. I was clear about this | :52:05. | :52:10. | |
from the outset which is why I insisted that only the DNA and | :52:11. | :52:14. | |
fingerprints of those convicted should be searched against and we | :52:15. | :52:19. | |
insisted we apply UK scientific standards before we release personal | :52:20. | :52:25. | |
data. We also insisted that we have both biometric and information | :52:26. | :52:31. | |
Commissioners through this process and the oversight arrangements draw | :52:32. | :52:34. | |
in representation throughout the United Kingdom and that will remain | :52:35. | :52:38. | |
valid. I do believe we have the balance correct here. Prum will help | :52:39. | :52:44. | |
us protect the public and I believe we will do so in a way which is | :52:45. | :52:50. | |
respectful of civil liberties, so does the independent DNA ethics | :52:51. | :52:53. | |
board and that is why we are bringing this motion before the | :52:54. | :52:57. | |
House today. To respond to a number of themes which were outlined, | :52:58. | :53:03. | |
especially in relation to the issue of the European Court of Justice's | :53:04. | :53:09. | |
jurisdiction. I want to outline clearly to the House that the UK is | :53:10. | :53:15. | |
clear that it cannot support and EU criminals to systems. Prum Decisions | :53:16. | :53:23. | |
is about making existing cooperation work more efficiently rather than | :53:24. | :53:25. | |
creating criminal procedural rules. To respond to the -- to the point | :53:26. | :53:31. | |
made by my honourable friend from Daventry, when we look at issues it | :53:32. | :53:40. | |
is on a case-by-case basis. We put the national interest at the heart | :53:41. | :53:43. | |
of our decision-making. We will consider each opt in decision | :53:44. | :53:49. | |
whether to maximising our country's security, protecting civil liberties | :53:50. | :53:55. | |
and the integrity of her criminal system and control of immigration. I | :53:56. | :54:00. | |
see to their member for Somerset, this government will not opt in to a | :54:01. | :54:05. | |
proposal concerning our European public prosecutor. On the issues of | :54:06. | :54:14. | |
oversight and the role of the European Court of Justice | :54:15. | :54:16. | |
jurisdiction and whether this has some impact on the operation of our | :54:17. | :54:21. | |
DNA database for example, I underline that the Prum decisions | :54:22. | :54:30. | |
are all about the exchange of data. Article 72 of the treaty makes it | :54:31. | :54:36. | |
clear about how we deal with DNA for our own security is a matter for | :54:37. | :54:41. | |
member states. Equally, on the broader themes of European Court of | :54:42. | :54:48. | |
Justice jurisdiction, I repeat what the Home Secretary said, it is clear | :54:49. | :54:53. | |
we are allowed to limit searching to conviction only profiles. The | :54:54. | :54:59. | |
articles make it clear we only have to make it clear to the general | :55:00. | :55:03. | |
secretary about which protocols will be made available for searching | :55:04. | :55:08. | |
under Prum and imposing a higher scientific standard before releasing | :55:09. | :55:13. | |
personal data is covered under Article five and makes it clear that | :55:14. | :55:17. | |
the process is subject to National Mall, not EU law. -- national law. | :55:18. | :55:25. | |
Whether there was evidence and the benefits were shown, the reference | :55:26. | :55:30. | |
was anecdotal, I would highlight from our pilot there were around | :55:31. | :55:35. | |
2500 pilot crime scene profiles which were sent to the four member | :55:36. | :55:43. | |
states which yielded 71 person matches which relates to hits for a | :55:44. | :55:49. | |
wide range of crimes, including sexual assault as well as domestic | :55:50. | :55:54. | |
and commercial burglaries. It highlights the real benefits which | :55:55. | :56:02. | |
were shown. I will give way. I think in forgiving away -- way. What is | :56:03. | :56:08. | |
the difference once we are in the system, in Prum, in relation to the | :56:09. | :56:16. | |
European Court? In deciding to opt into the Prum Decisions becomes | :56:17. | :56:25. | |
subject to the jurisdiction of the European Court. Many other European | :56:26. | :56:30. | |
countries... Have been subject to this number of years but it is the | :56:31. | :56:35. | |
interpretation of the decision and that is about the practical | :56:36. | :56:40. | |
operation and that is why I make the distinction about the safeguards | :56:41. | :56:44. | |
which are contained in the Prum Decisions themselves about how we | :56:45. | :56:47. | |
hold data and how that is subject to national law. About the decisions | :56:48. | :56:53. | |
which are then taken about what actions are taken about their hits | :56:54. | :56:58. | |
which is again subject to national law. It is national law which will | :56:59. | :57:02. | |
determine those decisions and why it is expressed in the manner it is. | :57:03. | :57:09. | |
The extent of European Court of Justice relates to the process which | :57:10. | :57:15. | |
is put in place but our judgments, to reflect his point, it is in the | :57:16. | :57:19. | |
best interests of this country to opting because of the very tactical | :57:20. | :57:22. | |
cooperation measure that this provides two eyes. -- to us. | :57:23. | :57:33. | |
There is no requirement arising from this motion directly but there are | :57:34. | :57:38. | |
ongoing discussions in regards to the implementation with respect to | :57:39. | :57:44. | |
there has been a draft and whether it requires legislative consent or | :57:45. | :57:48. | |
not. There are ongoing discussions in relation to that specific point. | :57:49. | :57:56. | |
The question was raised by the honourable lady from Edinburgh. The | :57:57. | :58:04. | |
regulations state that searches should only take place in relation | :58:05. | :58:10. | |
to serious crime like terrorism. I hope that is reassuring. The | :58:11. | :58:15. | |
honourable member for Ashford highlighted a NPR and there will be | :58:16. | :58:20. | |
no access to historic AMP are data through Prum and any requests for | :58:21. | :58:25. | |
that would have to be made through a judicial mutual assistance request | :58:26. | :58:27. | |
and I hope that will be helpful to him because the vehicle data | :58:28. | :58:32. | |
information is very basic, it is keep us details about the vehicles | :58:33. | :58:36. | |
itself, which may be very relevant in seeing and establishing whether | :58:37. | :58:40. | |
you actually have the authorised person driving the vehicle has been | :58:41. | :58:47. | |
used in respect of serious crime. The honourable lady from Edinburgh | :58:48. | :58:51. | |
South West asked about the nature of the database that we use our map. We | :58:52. | :58:55. | |
do not split the DVLA database into those convicted of an offence and | :58:56. | :58:59. | |
those who are not so practically it would be very difficult to do and | :59:00. | :59:03. | |
why pragmatically we take the view that it is appropriate to allow that | :59:04. | :59:08. | |
search. Indeed maybe you have a vehicle registered to keep and it | :59:09. | :59:12. | |
may be relevant as to who was driving that, and therefore why we | :59:13. | :59:17. | |
judge that balancing it in this way is the appropriate thing. I would | :59:18. | :59:20. | |
also underline the separate process, and this is a separate process, in | :59:21. | :59:26. | |
relation to what further steps may happen. The European arrest warrant | :59:27. | :59:29. | |
was highlighted and that is a separate process from this. This is | :59:30. | :59:33. | |
about identifying whether there is a hate and whether there is further | :59:34. | :59:37. | |
investigation that should happen and then what actions will follow | :59:38. | :59:41. | |
through and that will be determined by those separate processes. I will | :59:42. | :59:45. | |
underline the steps this government has taken to put further protections | :59:46. | :59:52. | |
in place around the European arrest warrant and pre-trial detention and | :59:53. | :59:54. | |
proportionality and various other steps. Ultimately the choice before | :59:55. | :59:59. | |
this house this evening is a straightforward one. Do we want to | :00:00. | :00:02. | |
give our police the tools they need to do their job? The tools that will | :00:03. | :00:06. | |
let them solve crimes and lock up foreign criminals, the tools that | :00:07. | :00:09. | |
have been shown to work, the tools that will keep the British public | :00:10. | :00:13. | |
safe but will do so in a way consistent with our values and which | :00:14. | :00:17. | |
protect the rights of British citizens. Mr Deputy Speaker, I | :00:18. | :00:21. | |
believe that we should do so and that is why this government supports | :00:22. | :00:33. | |
signing up to Prum and why we judge that these measures are appropriate | :00:34. | :00:35. | |
and they are bounded by safeguards that we judge will be effective but | :00:36. | :00:38. | |
will make the difference in the fight against crime, the fight | :00:39. | :00:39. | |
against terrorism, ensuring law enforcement agencies have the | :00:40. | :00:41. | |
information they need in keeping our country and our citizens safe and I | :00:42. | :00:44. | |
commend this resolution to the house. The question is the amendment | :00:45. | :00:51. | |
be made, as many that opinion it say I, to the contrary, no. Clear the | :00:52. | :00:54. | |
lobbies. The question is the amendment be | :00:55. | :02:27. | |
made, as many are of that opinion say aye, as many to the contrary say | :02:28. | :02:29. | |
no. The question is as on the order | :02:30. | :17:10. | |
paper, as many of that opinion is the yes. | :17:11. | :17:14. | |
The question is as on the order paper, as many of that opinion is | :17:15. | :17:27. | |
The question is as on the order paper, as many of that opinion is | :17:28. | :17:34. | |
The question is as on the order paper, as many of that opinion | :17:35. | :17:37. | |
We now come to petitions, Fiona Bruce. Can everybody just wait, let | :17:38. | :18:10. | |
us clear the chamber. Order. Fiona Bruce. Thank you. I present a | :18:11. | :18:19. | |
petition on behalf of my constituents, signed by 621 | :18:20. | :18:25. | |
individuals, it can -- it opposes the introduction of a car park | :18:26. | :18:32. | |
charging system and ask is that this proposal be reversed since my | :18:33. | :18:39. | |
constituents are aware that such a charging system used elsewhere, at | :18:40. | :18:45. | |
Macclesfield General Hospital, has resulted in severe distress to | :18:46. | :18:50. | |
patients and visitors at highly vulnerable moments in their lives. | :18:51. | :18:54. | |
The position request that the House of Commons urges the government to | :18:55. | :18:58. | |
put pressure on Cheshire School is to fully remove charges for parking | :18:59. | :19:06. | |
at Congleton War Memorial Hospital. Hear, hear. Petition, car parking | :19:07. | :19:22. | |
charges at Congleton War Memorial Hospital. Petition, Sir William | :19:23. | :19:31. | |
Cash. Thank you. I present this petition on behalf of the residents | :19:32. | :19:38. | |
of the constituency in Staffordshire relating to the reopening of | :19:39. | :19:41. | |
Barlaston railway station in Stoke-on-Trent which has been put | :19:42. | :19:46. | |
together by many people, including the chairman of the real promotion | :19:47. | :19:53. | |
group. The petition to clear is that residents of Barlaston request the | :19:54. | :19:58. | |
reopening of Barlaston railway station and that the station was | :19:59. | :20:03. | |
taken out of service as a consequence of the West Coast | :20:04. | :20:09. | |
mainline upgrade in 2003. Further, at present anyone wishing to travel | :20:10. | :20:13. | |
by train from Barlaston must first take one or two MAC buses and or | :20:14. | :20:19. | |
undertake journeys on food to real replacement buses which is a | :20:20. | :20:27. | |
significant inconvenience and means access to the railway network is | :20:28. | :20:32. | |
considerably difficult. The success of the reopening of stored railway | :20:33. | :20:39. | |
station in 2008 has demonstrated the potential for local stations to | :20:40. | :20:44. | |
thrive. Further, since stone railway station reopened which I supported, | :20:45. | :20:50. | |
Stone has seen a remarkable growth in its annual passenger figures | :20:51. | :20:55. | |
which have more than doubled from 48,000 in 2009 up to 100,020 14. The | :20:56. | :21:06. | |
London Euston crew trained already runs through Barlaston station | :21:07. | :21:09. | |
without stopping. The petitioners request that the House of Commons | :21:10. | :21:16. | |
urges the department of transport to reopen Barlaston railway station. | :21:17. | :21:21. | |
There are 906 signatures to the petition. The petitioners remain | :21:22. | :21:44. | |
except trust. -- remain. Petition, reopening of Barlaston railway, | :21:45. | :22:00. | |
Stoke-on-Trent. I beg to move this House should now adjourn. The | :22:01. | :22:05. | |
question is this how should now adjourn. Thank you, Mr Deputy | :22:06. | :22:13. | |
Speaker, I first raised this issue at business questions asking for a | :22:14. | :22:18. | |
debate on the topic. Can I thank the Speaker for granting me the | :22:19. | :22:22. | |
opportunity of raising the issue of disabled parking permits in the | :22:23. | :22:26. | |
London Borough of Harrow. There are two MAC aspects I want to cover | :22:27. | :22:33. | |
tonight. The first is the abuse of disabled parking permits which is a | :22:34. | :22:38. | |
scourge but also the system that Harrow has introduced which is | :22:39. | :22:44. | |
preventing a large number of disabled constituents from actually | :22:45. | :22:48. | |
receiving a permit when they should be in receipt of such a permit. The | :22:49. | :22:55. | |
blue badge scheme was created to give a free and dedicated parting -- | :22:56. | :22:59. | |
parking close to amenities for drivers and passengers with mobility | :23:00. | :23:06. | |
difficulties or those who are blind. They are allowed to park for up to | :23:07. | :23:12. | |
three hours and are exempt from the Central London congestion charge, | :23:13. | :23:16. | |
the pass is valid from maximum of three is. I would stress that the | :23:17. | :23:25. | |
various different individual cases I will quote are people who wear in | :23:26. | :23:30. | |
receipt of a disabled badge and have had them removed. -- three years. | :23:31. | :23:36. | |
We're all an annoyed when they see abuses of the system, such as those | :23:37. | :23:41. | |
individuals who are perfectly able-bodied who borrow blue badges | :23:42. | :23:49. | |
and then park in controlled parking zone is unlawfully, especially | :23:50. | :23:52. | |
around football grounds and supermarket car parks and other | :23:53. | :23:57. | |
areas. We must condemn those people that do that. We have had in Harrow | :23:58. | :24:04. | |
a situation where abuses have been a problem. The general misuse of a | :24:05. | :24:10. | |
blue badge can carry a fine of up to ?1000. Stool and or fake badges | :24:11. | :24:20. | |
using a pass from the diseased -- deceased person can result in | :24:21. | :24:24. | |
imprisonment or a ?5,000 fine. -- stolen. I congratulate Harrow and | :24:25. | :24:30. | |
their fraud team for their efforts to tackle this issue. In June 2010, | :24:31. | :24:38. | |
and operation cactus, 15 badges were seized. In July 2010, operation | :24:39. | :24:48. | |
daffodil, 16 were seized. In December 2010, operation | :24:49. | :24:52. | |
elderflower, 16 further badges were seized. In May 2011, operation | :24:53. | :24:59. | |
foxglove, 13 were seized. You may see the dressed dear, different | :25:00. | :25:08. | |
types of operations. -- the dressed dear. 16 further badges were seized. | :25:09. | :25:17. | |
Six -- 76 badges were seized overall, there were two | :25:18. | :25:21. | |
prosecutions, 32 cautions issued and one warning. Operations continued in | :25:22. | :25:27. | |
2013 and more than 60 blue badges were seized. It is clear there were | :25:28. | :25:32. | |
a number of abuses of the system. It dates back many years. When | :25:33. | :25:38. | |
relatives borrow our past, that is taking away a piece -- a space which | :25:39. | :25:43. | |
should be used by genuine disabled people. There is no doubt a | :25:44. | :25:48. | |
crackdown was necessary. It is no surprise Harrow Council made efforts | :25:49. | :25:53. | |
to toss in the entire system which I applaud. Spot checks have continued | :25:54. | :25:55. | |
and they are still finding people and they are still finding people | :25:56. | :26:01. | |
abusing the system. However, the problem is this has gone too far the | :26:02. | :26:07. | |
other way. With genuine blue badge holders being denied and the process | :26:08. | :26:12. | |
for getting one need far too difficult. I have the privilege of | :26:13. | :26:16. | |
representing an area of London which has the demographic of people living | :26:17. | :26:22. | |
for longer than any other parts of London. Therefore there are | :26:23. | :26:34. | |
individuals who are... Order, order. Subtitles will resume the later. | :26:35. | :26:40. |