08/12/2015 House of Commons


08/12/2015

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discuss it with him later. Order. Will the member wishing to take his

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seat please come to the table? Raise the Bible in your right hand.

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I swear by Almighty God that I will be faithful and bear allegiance to

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Queen Elizabeth, her heirs and successors, so help me God.

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Presentation of Bill. During today this. -- go

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second reading? Friday 29th of January 2016. Order. We come to the

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ten minute rule motion. I backed a move that life beginning for me to

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bring in a Bill to make provision about the award of asylum seeker

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status in the United Kingdom to certain unaccompanied children from

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Syria, Iraq, Afghanistan and Eritrea, displaced by conflict and

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present in the EU and for connected purposes. Just over three months

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ago, the tragic death of a little boy and his brother exposed the

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world to a refugee crisis which governments including our own have

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been doing their best to avoid. That three-year-old boy and his brother

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were Syrian refugees travelling with their parents to seek safety and

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sanctuary in Europe. UNHCR figures show 900,000 people have made

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similar journeys to Europe this year and 23% of those people are

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children. Over 200,000 children fled their homes in search of a new life

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in this year alone. Many travelled with their families. Tens of

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thousands travel alone. Without parents or relatives, making their

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way in the toughest of circumstances. This honourable group

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is who the bill addresses. Over the past few years, charities have

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worked across Europe, particularly in Italy and Greece, doing what they

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can to help unaccompanied children sit safety in Europe. Children

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become separated for a number of reasons. Someone's in the countries

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of origin or those closest become victims of violence, leaving them

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little choice to fully alone. Others was family en route through illness

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or drowning. In desperation, these children put themselves in the hands

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of people smugglers and criminal gangs to facilitate journeys. Save

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the Children have spoken to many children about violence they

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experienced. These journeys can last months or years. Once they arrived

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in Europe they are still not safe. There are serious concerns, echoed

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by Europol's chief of staff, that vulnerable underage refugees are

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preyed upon by criminal gangs intent on forcing them into prostitution

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and slave labour. It was also warned that there is crossover between

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those smuggling refugees across borders and the gangs trafficking

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people for exploitation in the sex trade or forced labour. When you

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look at data from the last year, the grim truth becomes apparent.

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According to the Italian Ministry, of the children registered their in

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2014, almost 4000 disappeared after arriving. 4000 without official

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protection of any kind, no access to education, welfare, health care or a

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safe home. We do not have come terrible numbers for 2015 but given

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the rise in refugees this year, we can expect a much higher number.

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This is not a far off Rob and to be dealt with by distant governments.

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It is here in Europe. It is our responsibility is to protect all

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refugees and none more so than often -- orphaned children. It is shameful

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the Government has ignored these children and it is time to do the

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right thing. 4000 children is a small part of the overall number,

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smaller for local authorities to handle, but it will make all the

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difference to the lives of everyone of these desperate youngsters. Just

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five children per parliamentary constituency and less than one third

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than the number of children taken in during the kind of transport. --

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Kinder transport. It is no doubt these children are also deserving of

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our help. This is not the first time I have called for this in

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Parliament. I can predict perhaps what the response from the

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Government may be. They would tell us they would not want to risk

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separating children from families and that there are some concerns the

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proposed programme may do that. That is not true. All efforts should be

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made to ensure children remain with or are reunited with their families

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but for the children in this programme, reunification with

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parents or primary caregivers is simply not possible. These children

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have been registered by the UN refugee agency as unaccompanied and

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have no nonfamily. From talking to civil society groups, I know there

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are enough families willing to foster unaccompanied children.

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10,000 prospective adoptive families have been registered with one group.

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If the Government gives requisite training, the UK will be equipped to

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support these children. They deserve our support and help and any

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suggestion that they don't is nothing to do with their safety but

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the inability of our governments to act upon the values they claim to

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uphold, including helping seekers of factory -- sanctuary. It is time for

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the UK to be a leader. Instead of waiting for something high profile

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to happen and doing the minimum. Acknowledge the desperate need of

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these children and do something about it. The UK could make a

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significant difference by working with UN agencies and civil society

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to put in place a relocation scheme for unaccompanied children in Europe

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under specific criteria and safeguards, making relocation one of

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the best solutions. Other EU countries would follow and many

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thousands of children would reach safety and security they deserve.

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Given the opportunity, British people have shown throughout history

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our generosity of spirit, especially in response to refugees. There is no

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question this generosity and spirit still exists in our country today.

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It just needs the Government to do the right thing and facilitate it

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for the 21st-century. The question is that the honourable member have

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leave to bring in the bill. As many as are of the opinion, say, "aye".

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To the contrary, "no". The ayes have it. Who will prepare the bill? Nick

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Clegg, Yvette Cooper, Stephen Geffen 's, Margaret Ritchie, Caroline

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Lucas, Liz Savill Jones and myself will.

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Asylum, unaccompanied children displaced by conflict to build.

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Second reading what they? 11th of March. Thank you. Programme motion

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to be moved formally. The -- As many as are of the opinion, say, "aye".

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To the contrary, "no". The ayes have it. Order. European Union referendum

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Bill, consideration of Lords amendments. I must draw attention to

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the fact that Lords amendment one engages financial privilege. The

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first Amendment to be taken is Lords amendment number one to move to

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disagree with the Lords in their amendment number one. I call the

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Minister. Mr John Penrose. I beg to move that this house

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disagrees with the amendment. I shall start by paying tribute to the

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Lords for their diligent and considered approach to this Bill.

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For the most part, the scrutiny has been fruitful. However, on just one

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issue the Lords had taken a decision which fundamentally differs from the

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view of the Government and indeed this house. Lowering the voting age

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to 16, this topic has been debated upon twice, and this house has

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rejected a lower voting age and yesterday with a healthy majority.

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This houses had this debate many times. I shall endeavour to be

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brief. In short, the Government does not support lowering the voting

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age, and in any case this is not the appropriate way to do so. The voting

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age is 18 as it is in most currencies in Europe and across the

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world. I give way. The Scottish Parliament has lowered

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the voting age, so how do I justify to one of my constituencies that has

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turned 16 how is she can vote in many elections but not this

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referendum? The franchise for a Scottish

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parliamentary elections is rightly devolved. This is a decision which

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is to be taken in this place and across the UK as a whole, it is a

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reserved topic. Therefore, while it isn't only open for the Holyrood

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parliament to take decisions for its franchise, and we honour their

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ability to do so, it is an inevitable result of devilish and

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that we will get different views in different parts of the country --

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result of devilish and -- devolution. Very briefly, then I

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shall try and make some progress. Notwithstanding the answer he has

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just given, will he not reflect the participation of 16-year-olds in the

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Scottish Referendum shows their responsibility. Should they not

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support the coming EU referendum as well?

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That is a justifiable point, and it is noticeable that the Scottish

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Referendum resulted in an quelling of democratic engagement, not just

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amongst 16 and 17-year-olds -- uprising of democratic engagement. I

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do not think that is the only test we should apply, but it does away on

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the mind. -- way on the mind. But I do not think it is enough. Let me

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make some progress and perhaps I can expend that point at that little

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more. We have no clear point at which a person becomes an adult, but

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it is that a team where society usually draws the line. I will try

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and make some progress and come back to the gentleman in a moment. At a

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team that a person cannot do. They must wait to 21 to adopt a child or

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drive a bus. In general this is not perfect. More things require

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parental consent for a things under 18. Joining the Army or having a

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drink in the pub need parental approval for those under 18. And

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others that require a considered view, such as serving on a jury or

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buying a house all happen at 18. The last Labour Government raise the age

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for using a sunbed from 16 to 18. It cannot be right to argue that

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someone aged 16 it cannot be trusted to decide on the risks of having a

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tan but can decide on who runs the country. I give way.

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There is no defined age at which it would be reasonable to vote. But my

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honourable friend made the point that they were given the opportunity

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to vote and will have the opportunity in the future. How does

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the Minister explain to them that there it is legitimate for them to

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vote on Scottish garments, local government and referendum, but not

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this referendum? -- Scottish Government.

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My reaction is that speaking to that hypothetical voter in Scotland, is

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that the Holyrood parliament is entitled to take its decisions on

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the bold matters. This is a doubled matter, the Holyrood franchise. But

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also the referendum franchise is something for the entire country to

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decide. I will have to make some progress but I have to give way.

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But does he not accept that this European union referendum is a once

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in a generation opportunity? For young people, this will directly

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impact on their rights as European union citizens to live, work and

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study in other EU member states? He is absolutely right, this will

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affect all of us. I am afraid the argument here is advancing would

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apply as equally well to 14-year-olds, 15-year-olds, and 65

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olds. He is correct, that is not necessarily a compelling argument. I

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give way once again. Can I caution the Minister against

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invoking the instinct of the previous Government on sunbeds to

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deny 16-year-olds the vote. The heart of what it means to be

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represented in this place is that at 16 you pay your taxes.

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That is an idea which has a long, distinguished history. I believe

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people throwing tea in the harbour in Boston would support that.

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However it is an argument which has grown weaker overtime for a number

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of reasons. Firstly, the number of 16 and 17-year-olds which now pay

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income tax, one at zero, is a great deal fewer than it used to be.

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Partly because this Government and the last one raised the threshold

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for income tax and the school leaving and training age. But also

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because and now many indirect taxes, and therefore any six old who buys

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whatever it may be pays the 18. That rather weakens the arguments, one I

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rather clung to myself. -- pays the VAT.

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Even if we were convinced that lowering the voting age was the

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right thing to do, this Bill would not be the place to do it. For two

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reasons, firstly, changing the voting age is not something which

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should be applied to a single vote, or, perhaps especially, if it is as

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important as this referendum. It is something that should be considered

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for all elections collectively. Not piecemeal, on a case-by-case basis.

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Equally, given the understandable sensitivities surrounding the EU

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referendum, making such a fundamental change to the franchise

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for this vote alone, but not for others, which inevitably and perhaps

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unjustifiably lead to accusations of trying to fix the franchise in

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favour of either of the Remain or League campaigns. That is why we

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have chosen to remain with the tried and tested election franchise. If it

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is good enough reducing the Government of this country, then it

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is surely good enough for the referendum too. And we should not

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jiggle around with it for a 1 off tactical advantage either way. Once

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more. I am grateful. On that point, Nolan

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has made any such complaints about the result of the Scottish

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Referendum. I do not understand why he feels if it was done in this case

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that argument would be made here? I'm sure there are people in his own

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hearty that are concerned and maybe on one side of this issue. -- own

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party. Equally it is the same for my party. There are voices that need to

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be understood. This needs to be seen as a studiously fair election, one

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which will therefore settle the issue for a very long time to come.

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It is also worth pointing out that young people themselves, the very

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people we are debating in franchising here today, I'm not sure

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it would be a good idea. Well there I received -- while there are a

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reasonable majority of 16-year-olds, many do not support it overall. What

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that says about 18-year-olds, opinions of their younger selves two

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years earlier I will leave you to conclude. The results of a solid

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majority against the change amongst all other adults over 18 as well. I

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give way once more. I thank the most forgiving way when

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he said he couldn't. But does the Minister agree that in the run-up to

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the Scottish Referendum, those who were opposed to extending the

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franchise, after the referendum, unanimously agree very nearly that

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it was the correct thing to do? I hope I can come on to that point

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in the next part of my remarks. He is correct, there is a solid

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majority, across the country, against this change, across all

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adults as well as an 18-year-old and her lesser extent 17-year-olds. What

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it shows that this is not some greater progress of cores were

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unimpressed minority is awaiting to be liberated by public support. --

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oppressed minority. This will not seem like a national issue, but a

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Westminster bubble issue. Not a widespread issue with widespread

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Democratic support. There may be suspicion that some are supporting

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this motion because they may gain some tawdry, tactical, party

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political advantage from one side or the other. None of these reasons

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will strengthen or help us as we consider an issue which will affect

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our participation in the EU. Finally, I wish to touch on the

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financial implications. You have certified that this touches on

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financial privilege because extending the franchise will cost

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extra. Madam Speaker, the cost is far from the only reason why the

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Government disagrees with this amendment, but for procedural

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reasons the house is not able to... To be clear, the Government

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disagrees with the moment of principled as well as financial

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grounds. I give way once more.

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I'm grateful to the Minister. This is probably the most novel aspect of

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our debate today. It is for the Speaker to certify whether financial

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privilege is invoked or not, but it is in fact for the Government to

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decide whether they are to take advantage of that. The Government

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did not take advantage of that in relation to the 2014 Wales Bill for

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exactly the same issue. What is different now?

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I think I have addressed that point, which is that we cannot waive

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privilege and disagree with the amendment for other reasons.

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Therefore, we need to engage financial privilege, but I am also

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taking the advantage of this speech, I hope, to make sure those other

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issues are given an airing as well. I add, there is nothing new in this,

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there is a long established precedent in this house. I shall

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leave it to the procedural experts to lecturers on the historical

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antecedents of financial privilege. Matters weaker, I have not sought to

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rebut every arguments, it has been debated many times in this chamber

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already. I hope I have tried to give everyone a taste of most of the

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issues and to state the Government's permit system at least. -- position

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at least. I ask you to review that position once more.

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I rise to oppose the Government proposal to reject amendment one

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from the other place and to support the amendment passed by their

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Lordships which extends the franchise to the EU referendum to 16

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and 17-year-olds. There is a more general debate about franchise

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extension but today I would like to concentrate on the case for

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extending the franchise to younger voters for this particular

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referendum. Constitutional referenda are not like general elections which

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come about every five years, or indeed local elections which are

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every year. It is 40 years since this issue was voted on in this

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country. Major constitutional referenda are a once in a generation

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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

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this country deserve a say in the decision which will chart the future

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of the country. There are two points to be made. The argument for the

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young people to have a vote and the practicalities of that decision. Why

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did his party not choose to make the amendment before the Lordships chose

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to impose it? Her memory fills her on this occasion. We moved the

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amendment at committee and report stage. Every British citizen by

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virtue of their passport that they hold has the right, as my honourable

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friend said, to live, work and study anywhere in the EU. It is a right

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that has opened up opportunities for millions and it is used by many

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British people who live and work elsewhere in the EU. Those are

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driving the argument that the UK should leave the EU have at the

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heart of their proposal the idea that the agreement of people it

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should be stopped and withdrawn. Whatever they are for, and it is

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often not easy to figure out, they're certainly against that. But

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if we withdraw then reciprocal action will be taken against British

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citizens. The rights of our young people are on the ballot paper, the

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opportunities are on the ballot paper, and of the future of our

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young people is on the ballot paper. In my constituency of Swansea West,

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people of that age 15, 16 and 17 tell me they will be voting in the

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next general election and it is important to them to vote in this

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referendum. People are saying they will vote against their MP if they

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do not vote for them to have a vote. I am positive about this. It is not

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just about legal rights. This referendum will affect future trade

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patterns, investment, university funding, farmers, regional

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spending, many areas of national life. It will say is huge amount

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about how we view ourselves and held the rest of the world views as. It

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is about the future of the UK, and we believe that people aged 16 and

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17 at the time of voting should have their say. There is the question of

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practicalities. We know from the experience of the Scottish

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referendum last year that 16 and 17-year-olds can successfully take

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part in a national vote. Young people engaged in discussion, debate

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and exercised their democratic choice in the same way as anyone

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else. Arguments about the capacity to understand or engage were proven

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not to be the case. The post-referendum report by the

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electoral commission said 109,593 16 and 17-year-olds were included and

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75% of those we spoke to claim to have voted. 97% of those who

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reported voting said they would vote again in future. We know young

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people can take part and will. The issue is whether the Government

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gives them this chance. This should not be a partisan choice. There is

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nothing intrinsically conservative or Labour or Nationalist about

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extending the franchise. The leader of the Scottish Conservatives has

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described herself as a paid-up member of the votes at 16 club. Some

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members opposite supported this proposal when we debated it at

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committee and report stage and yet it is ministers who are standing in

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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

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charging system and ask is that this proposal be reversed since my

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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

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at Congleton War Memorial Hospital. Hear, hear. Petition, car parking

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charges at Congleton War Memorial Hospital. Petition, Sir William

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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,

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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

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without stopping. The petitioners request that the House of Commons

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urges the department of transport to reopen Barlaston railway station.

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There are 906 signatures to the petition. The petitioners remain

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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.

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