:00:00. > :00:00.discuss it with him later. Order. Will the member wishing to take his
:00:00. > :00:36.seat please come to the table? Raise the Bible in your right hand.
:00:37. > :00:42.I swear by Almighty God that I will be faithful and bear allegiance to
:00:43. > :01:32.Queen Elizabeth, her heirs and successors, so help me God.
:01:33. > :02:20.Presentation of Bill. During today this. -- go
:02:21. > :02:38.second reading? Friday 29th of January 2016. Order. We come to the
:02:39. > :02:42.ten minute rule motion. I backed a move that life beginning for me to
:02:43. > :02:47.bring in a Bill to make provision about the award of asylum seeker
:02:48. > :02:50.status in the United Kingdom to certain unaccompanied children from
:02:51. > :02:57.Syria, Iraq, Afghanistan and Eritrea, displaced by conflict and
:02:58. > :03:02.present in the EU and for connected purposes. Just over three months
:03:03. > :03:08.ago, the tragic death of a little boy and his brother exposed the
:03:09. > :03:17.world to a refugee crisis which governments including our own have
:03:18. > :03:20.been doing their best to avoid. That three-year-old boy and his brother
:03:21. > :03:30.were Syrian refugees travelling with their parents to seek safety and
:03:31. > :03:33.sanctuary in Europe. UNHCR figures show 900,000 people have made
:03:34. > :03:40.similar journeys to Europe this year and 23% of those people are
:03:41. > :03:45.children. Over 200,000 children fled their homes in search of a new life
:03:46. > :03:55.in this year alone. Many travelled with their families. Tens of
:03:56. > :04:00.thousands travel alone. Without parents or relatives, making their
:04:01. > :04:05.way in the toughest of circumstances. This honourable group
:04:06. > :04:10.is who the bill addresses. Over the past few years, charities have
:04:11. > :04:18.worked across Europe, particularly in Italy and Greece, doing what they
:04:19. > :04:24.can to help unaccompanied children sit safety in Europe. Children
:04:25. > :04:31.become separated for a number of reasons. Someone's in the countries
:04:32. > :04:36.of origin or those closest become victims of violence, leaving them
:04:37. > :04:42.little choice to fully alone. Others was family en route through illness
:04:43. > :04:45.or drowning. In desperation, these children put themselves in the hands
:04:46. > :04:55.of people smugglers and criminal gangs to facilitate journeys. Save
:04:56. > :04:58.the Children have spoken to many children about violence they
:04:59. > :05:03.experienced. These journeys can last months or years. Once they arrived
:05:04. > :05:11.in Europe they are still not safe. There are serious concerns, echoed
:05:12. > :05:17.by Europol's chief of staff, that vulnerable underage refugees are
:05:18. > :05:22.preyed upon by criminal gangs intent on forcing them into prostitution
:05:23. > :05:27.and slave labour. It was also warned that there is crossover between
:05:28. > :05:30.those smuggling refugees across borders and the gangs trafficking
:05:31. > :05:34.people for exploitation in the sex trade or forced labour. When you
:05:35. > :05:43.look at data from the last year, the grim truth becomes apparent.
:05:44. > :05:49.According to the Italian Ministry, of the children registered their in
:05:50. > :05:56.2014, almost 4000 disappeared after arriving. 4000 without official
:05:57. > :06:01.protection of any kind, no access to education, welfare, health care or a
:06:02. > :06:05.safe home. We do not have come terrible numbers for 2015 but given
:06:06. > :06:12.the rise in refugees this year, we can expect a much higher number.
:06:13. > :06:18.This is not a far off Rob and to be dealt with by distant governments.
:06:19. > :06:24.It is here in Europe. It is our responsibility is to protect all
:06:25. > :06:30.refugees and none more so than often -- orphaned children. It is shameful
:06:31. > :06:35.the Government has ignored these children and it is time to do the
:06:36. > :06:39.right thing. 4000 children is a small part of the overall number,
:06:40. > :06:45.smaller for local authorities to handle, but it will make all the
:06:46. > :06:50.difference to the lives of everyone of these desperate youngsters. Just
:06:51. > :06:56.five children per parliamentary constituency and less than one third
:06:57. > :07:07.than the number of children taken in during the kind of transport. --
:07:08. > :07:11.Kinder transport. It is no doubt these children are also deserving of
:07:12. > :07:15.our help. This is not the first time I have called for this in
:07:16. > :07:18.Parliament. I can predict perhaps what the response from the
:07:19. > :07:22.Government may be. They would tell us they would not want to risk
:07:23. > :07:27.separating children from families and that there are some concerns the
:07:28. > :07:33.proposed programme may do that. That is not true. All efforts should be
:07:34. > :07:37.made to ensure children remain with or are reunited with their families
:07:38. > :07:41.but for the children in this programme, reunification with
:07:42. > :07:47.parents or primary caregivers is simply not possible. These children
:07:48. > :07:54.have been registered by the UN refugee agency as unaccompanied and
:07:55. > :07:57.have no nonfamily. From talking to civil society groups, I know there
:07:58. > :08:03.are enough families willing to foster unaccompanied children.
:08:04. > :08:12.10,000 prospective adoptive families have been registered with one group.
:08:13. > :08:16.If the Government gives requisite training, the UK will be equipped to
:08:17. > :08:21.support these children. They deserve our support and help and any
:08:22. > :08:26.suggestion that they don't is nothing to do with their safety but
:08:27. > :08:32.the inability of our governments to act upon the values they claim to
:08:33. > :08:40.uphold, including helping seekers of factory -- sanctuary. It is time for
:08:41. > :08:48.the UK to be a leader. Instead of waiting for something high profile
:08:49. > :08:52.to happen and doing the minimum. Acknowledge the desperate need of
:08:53. > :08:57.these children and do something about it. The UK could make a
:08:58. > :09:02.significant difference by working with UN agencies and civil society
:09:03. > :09:06.to put in place a relocation scheme for unaccompanied children in Europe
:09:07. > :09:17.under specific criteria and safeguards, making relocation one of
:09:18. > :09:20.the best solutions. Other EU countries would follow and many
:09:21. > :09:27.thousands of children would reach safety and security they deserve.
:09:28. > :09:31.Given the opportunity, British people have shown throughout history
:09:32. > :09:37.our generosity of spirit, especially in response to refugees. There is no
:09:38. > :09:43.question this generosity and spirit still exists in our country today.
:09:44. > :09:48.It just needs the Government to do the right thing and facilitate it
:09:49. > :09:53.for the 21st-century. The question is that the honourable member have
:09:54. > :09:59.leave to bring in the bill. As many as are of the opinion, say, "aye".
:10:00. > :10:13.To the contrary, "no". The ayes have it. Who will prepare the bill? Nick
:10:14. > :10:19.Clegg, Yvette Cooper, Stephen Geffen 's, Margaret Ritchie, Caroline
:10:20. > :10:28.Lucas, Liz Savill Jones and myself will.
:10:29. > :10:56.Asylum, unaccompanied children displaced by conflict to build.
:10:57. > :11:06.Second reading what they? 11th of March. Thank you. Programme motion
:11:07. > :11:10.to be moved formally. The -- As many as are of the opinion, say, "aye".
:11:11. > :11:21.To the contrary, "no". The ayes have it. Order. European Union referendum
:11:22. > :11:28.Bill, consideration of Lords amendments. I must draw attention to
:11:29. > :11:34.the fact that Lords amendment one engages financial privilege. The
:11:35. > :11:39.first Amendment to be taken is Lords amendment number one to move to
:11:40. > :11:40.disagree with the Lords in their amendment number one. I call the
:11:41. > :11:55.Minister. Mr John Penrose. I beg to move that this house
:11:56. > :11:59.disagrees with the amendment. I shall start by paying tribute to the
:12:00. > :12:03.Lords for their diligent and considered approach to this Bill.
:12:04. > :12:11.For the most part, the scrutiny has been fruitful. However, on just one
:12:12. > :12:14.issue the Lords had taken a decision which fundamentally differs from the
:12:15. > :12:22.view of the Government and indeed this house. Lowering the voting age
:12:23. > :12:29.to 16, this topic has been debated upon twice, and this house has
:12:30. > :12:36.rejected a lower voting age and yesterday with a healthy majority.
:12:37. > :12:43.This houses had this debate many times. I shall endeavour to be
:12:44. > :12:51.brief. In short, the Government does not support lowering the voting
:12:52. > :12:55.age, and in any case this is not the appropriate way to do so. The voting
:12:56. > :13:00.age is 18 as it is in most currencies in Europe and across the
:13:01. > :13:04.world. I give way. The Scottish Parliament has lowered
:13:05. > :13:15.the voting age, so how do I justify to one of my constituencies that has
:13:16. > :13:19.turned 16 how is she can vote in many elections but not this
:13:20. > :13:21.referendum? The franchise for a Scottish
:13:22. > :13:26.parliamentary elections is rightly devolved. This is a decision which
:13:27. > :13:32.is to be taken in this place and across the UK as a whole, it is a
:13:33. > :13:37.reserved topic. Therefore, while it isn't only open for the Holyrood
:13:38. > :13:41.parliament to take decisions for its franchise, and we honour their
:13:42. > :13:44.ability to do so, it is an inevitable result of devilish and
:13:45. > :13:52.that we will get different views in different parts of the country --
:13:53. > :13:57.result of devilish and -- devolution. Very briefly, then I
:13:58. > :14:08.shall try and make some progress. Notwithstanding the answer he has
:14:09. > :14:12.just given, will he not reflect the participation of 16-year-olds in the
:14:13. > :14:20.Scottish Referendum shows their responsibility. Should they not
:14:21. > :14:24.support the coming EU referendum as well?
:14:25. > :14:29.That is a justifiable point, and it is noticeable that the Scottish
:14:30. > :14:35.Referendum resulted in an quelling of democratic engagement, not just
:14:36. > :14:39.amongst 16 and 17-year-olds -- uprising of democratic engagement. I
:14:40. > :14:48.do not think that is the only test we should apply, but it does away on
:14:49. > :14:54.the mind. -- way on the mind. But I do not think it is enough. Let me
:14:55. > :15:05.make some progress and perhaps I can expend that point at that little
:15:06. > :15:11.more. We have no clear point at which a person becomes an adult, but
:15:12. > :15:16.it is that a team where society usually draws the line. I will try
:15:17. > :15:22.and make some progress and come back to the gentleman in a moment. At a
:15:23. > :15:28.team that a person cannot do. They must wait to 21 to adopt a child or
:15:29. > :15:34.drive a bus. In general this is not perfect. More things require
:15:35. > :15:40.parental consent for a things under 18. Joining the Army or having a
:15:41. > :15:47.drink in the pub need parental approval for those under 18. And
:15:48. > :15:54.others that require a considered view, such as serving on a jury or
:15:55. > :16:01.buying a house all happen at 18. The last Labour Government raise the age
:16:02. > :16:08.for using a sunbed from 16 to 18. It cannot be right to argue that
:16:09. > :16:13.someone aged 16 it cannot be trusted to decide on the risks of having a
:16:14. > :16:19.tan but can decide on who runs the country. I give way.
:16:20. > :16:25.There is no defined age at which it would be reasonable to vote. But my
:16:26. > :16:29.honourable friend made the point that they were given the opportunity
:16:30. > :16:34.to vote and will have the opportunity in the future. How does
:16:35. > :16:40.the Minister explain to them that there it is legitimate for them to
:16:41. > :16:44.vote on Scottish garments, local government and referendum, but not
:16:45. > :16:50.this referendum? -- Scottish Government.
:16:51. > :16:57.My reaction is that speaking to that hypothetical voter in Scotland, is
:16:58. > :17:01.that the Holyrood parliament is entitled to take its decisions on
:17:02. > :17:09.the bold matters. This is a doubled matter, the Holyrood franchise. But
:17:10. > :17:15.also the referendum franchise is something for the entire country to
:17:16. > :17:22.decide. I will have to make some progress but I have to give way.
:17:23. > :17:26.But does he not accept that this European union referendum is a once
:17:27. > :17:33.in a generation opportunity? For young people, this will directly
:17:34. > :17:39.impact on their rights as European union citizens to live, work and
:17:40. > :17:43.study in other EU member states? He is absolutely right, this will
:17:44. > :17:50.affect all of us. I am afraid the argument here is advancing would
:17:51. > :17:56.apply as equally well to 14-year-olds, 15-year-olds, and 65
:17:57. > :18:02.olds. He is correct, that is not necessarily a compelling argument. I
:18:03. > :18:14.give way once again. Can I caution the Minister against
:18:15. > :18:22.invoking the instinct of the previous Government on sunbeds to
:18:23. > :18:27.deny 16-year-olds the vote. The heart of what it means to be
:18:28. > :18:35.represented in this place is that at 16 you pay your taxes.
:18:36. > :18:40.That is an idea which has a long, distinguished history. I believe
:18:41. > :18:43.people throwing tea in the harbour in Boston would support that.
:18:44. > :18:48.However it is an argument which has grown weaker overtime for a number
:18:49. > :18:53.of reasons. Firstly, the number of 16 and 17-year-olds which now pay
:18:54. > :18:58.income tax, one at zero, is a great deal fewer than it used to be.
:18:59. > :19:02.Partly because this Government and the last one raised the threshold
:19:03. > :19:11.for income tax and the school leaving and training age. But also
:19:12. > :19:19.because and now many indirect taxes, and therefore any six old who buys
:19:20. > :19:27.whatever it may be pays the 18. That rather weakens the arguments, one I
:19:28. > :19:33.rather clung to myself. -- pays the VAT.
:19:34. > :19:37.Even if we were convinced that lowering the voting age was the
:19:38. > :19:42.right thing to do, this Bill would not be the place to do it. For two
:19:43. > :19:46.reasons, firstly, changing the voting age is not something which
:19:47. > :19:50.should be applied to a single vote, or, perhaps especially, if it is as
:19:51. > :19:56.important as this referendum. It is something that should be considered
:19:57. > :20:01.for all elections collectively. Not piecemeal, on a case-by-case basis.
:20:02. > :20:04.Equally, given the understandable sensitivities surrounding the EU
:20:05. > :20:08.referendum, making such a fundamental change to the franchise
:20:09. > :20:13.for this vote alone, but not for others, which inevitably and perhaps
:20:14. > :20:18.unjustifiably lead to accusations of trying to fix the franchise in
:20:19. > :20:25.favour of either of the Remain or League campaigns. That is why we
:20:26. > :20:28.have chosen to remain with the tried and tested election franchise. If it
:20:29. > :20:31.is good enough reducing the Government of this country, then it
:20:32. > :20:35.is surely good enough for the referendum too. And we should not
:20:36. > :20:39.jiggle around with it for a 1 off tactical advantage either way. Once
:20:40. > :20:44.more. I am grateful. On that point, Nolan
:20:45. > :20:48.has made any such complaints about the result of the Scottish
:20:49. > :20:53.Referendum. I do not understand why he feels if it was done in this case
:20:54. > :20:57.that argument would be made here? I'm sure there are people in his own
:20:58. > :21:06.hearty that are concerned and maybe on one side of this issue. -- own
:21:07. > :21:14.party. Equally it is the same for my party. There are voices that need to
:21:15. > :21:18.be understood. This needs to be seen as a studiously fair election, one
:21:19. > :21:24.which will therefore settle the issue for a very long time to come.
:21:25. > :21:28.It is also worth pointing out that young people themselves, the very
:21:29. > :21:33.people we are debating in franchising here today, I'm not sure
:21:34. > :21:40.it would be a good idea. Well there I received -- while there are a
:21:41. > :21:46.reasonable majority of 16-year-olds, many do not support it overall. What
:21:47. > :21:51.that says about 18-year-olds, opinions of their younger selves two
:21:52. > :21:55.years earlier I will leave you to conclude. The results of a solid
:21:56. > :22:03.majority against the change amongst all other adults over 18 as well. I
:22:04. > :22:07.give way once more. I thank the most forgiving way when
:22:08. > :22:16.he said he couldn't. But does the Minister agree that in the run-up to
:22:17. > :22:21.the Scottish Referendum, those who were opposed to extending the
:22:22. > :22:27.franchise, after the referendum, unanimously agree very nearly that
:22:28. > :22:33.it was the correct thing to do? I hope I can come on to that point
:22:34. > :22:37.in the next part of my remarks. He is correct, there is a solid
:22:38. > :22:42.majority, across the country, against this change, across all
:22:43. > :22:48.adults as well as an 18-year-old and her lesser extent 17-year-olds. What
:22:49. > :22:52.it shows that this is not some greater progress of cores were
:22:53. > :22:59.unimpressed minority is awaiting to be liberated by public support. --
:23:00. > :23:08.oppressed minority. This will not seem like a national issue, but a
:23:09. > :23:14.Westminster bubble issue. Not a widespread issue with widespread
:23:15. > :23:18.Democratic support. There may be suspicion that some are supporting
:23:19. > :23:23.this motion because they may gain some tawdry, tactical, party
:23:24. > :23:28.political advantage from one side or the other. None of these reasons
:23:29. > :23:35.will strengthen or help us as we consider an issue which will affect
:23:36. > :23:40.our participation in the EU. Finally, I wish to touch on the
:23:41. > :23:47.financial implications. You have certified that this touches on
:23:48. > :23:51.financial privilege because extending the franchise will cost
:23:52. > :23:55.extra. Madam Speaker, the cost is far from the only reason why the
:23:56. > :24:01.Government disagrees with this amendment, but for procedural
:24:02. > :24:06.reasons the house is not able to... To be clear, the Government
:24:07. > :24:08.disagrees with the moment of principled as well as financial
:24:09. > :24:13.grounds. I give way once more.
:24:14. > :24:21.I'm grateful to the Minister. This is probably the most novel aspect of
:24:22. > :24:26.our debate today. It is for the Speaker to certify whether financial
:24:27. > :24:30.privilege is invoked or not, but it is in fact for the Government to
:24:31. > :24:33.decide whether they are to take advantage of that. The Government
:24:34. > :24:37.did not take advantage of that in relation to the 2014 Wales Bill for
:24:38. > :24:44.exactly the same issue. What is different now?
:24:45. > :24:47.I think I have addressed that point, which is that we cannot waive
:24:48. > :24:52.privilege and disagree with the amendment for other reasons.
:24:53. > :24:55.Therefore, we need to engage financial privilege, but I am also
:24:56. > :25:02.taking the advantage of this speech, I hope, to make sure those other
:25:03. > :25:08.issues are given an airing as well. I add, there is nothing new in this,
:25:09. > :25:12.there is a long established precedent in this house. I shall
:25:13. > :25:19.leave it to the procedural experts to lecturers on the historical
:25:20. > :25:24.antecedents of financial privilege. Matters weaker, I have not sought to
:25:25. > :25:29.rebut every arguments, it has been debated many times in this chamber
:25:30. > :25:32.already. I hope I have tried to give everyone a taste of most of the
:25:33. > :25:39.issues and to state the Government's permit system at least. -- position
:25:40. > :25:47.at least. I ask you to review that position once more.
:25:48. > :25:54.I rise to oppose the Government proposal to reject amendment one
:25:55. > :25:59.from the other place and to support the amendment passed by their
:26:00. > :26:06.Lordships which extends the franchise to the EU referendum to 16
:26:07. > :26:10.and 17-year-olds. There is a more general debate about franchise
:26:11. > :26:13.extension but today I would like to concentrate on the case for
:26:14. > :26:22.extending the franchise to younger voters for this particular
:26:23. > :26:25.referendum. Constitutional referenda are not like general elections which
:26:26. > :26:32.come about every five years, or indeed local elections which are
:26:33. > :26:37.every year. It is 40 years since this issue was voted on in this
:26:38. > :26:43.country. Major constitutional referenda are a once in a generation
:26:44. > :26:51.choice, perhaps a once in a lifetime choice, about the country's future
:26:52. > :26:57.direction. Our contention is very simple, that the young people of
:26:58. > :27:01.this country deserve a say in the decision which will chart the future
:27:02. > :27:08.of the country. There are two points to be made. The argument for the
:27:09. > :27:17.young people to have a vote and the practicalities of that decision. Why
:27:18. > :27:27.did his party not choose to make the amendment before the Lordships chose
:27:28. > :27:31.to impose it? Her memory fills her on this occasion. We moved the
:27:32. > :27:37.amendment at committee and report stage. Every British citizen by
:27:38. > :27:44.virtue of their passport that they hold has the right, as my honourable
:27:45. > :27:52.friend said, to live, work and study anywhere in the EU. It is a right
:27:53. > :27:56.that has opened up opportunities for millions and it is used by many
:27:57. > :28:01.British people who live and work elsewhere in the EU. Those are
:28:02. > :28:07.driving the argument that the UK should leave the EU have at the
:28:08. > :28:10.heart of their proposal the idea that the agreement of people it
:28:11. > :28:16.should be stopped and withdrawn. Whatever they are for, and it is
:28:17. > :28:20.often not easy to figure out, they're certainly against that. But
:28:21. > :28:27.if we withdraw then reciprocal action will be taken against British
:28:28. > :28:33.citizens. The rights of our young people are on the ballot paper, the
:28:34. > :28:41.opportunities are on the ballot paper, and of the future of our
:28:42. > :28:50.young people is on the ballot paper. In my constituency of Swansea West,
:28:51. > :28:55.people of that age 15, 16 and 17 tell me they will be voting in the
:28:56. > :29:04.next general election and it is important to them to vote in this
:29:05. > :29:13.referendum. People are saying they will vote against their MP if they
:29:14. > :29:23.do not vote for them to have a vote. I am positive about this. It is not
:29:24. > :29:27.just about legal rights. This referendum will affect future trade
:29:28. > :29:32.patterns, investment, university funding, farmers, regional
:29:33. > :29:40.spending, many areas of national life. It will say is huge amount
:29:41. > :29:46.about how we view ourselves and held the rest of the world views as. It
:29:47. > :29:52.is about the future of the UK, and we believe that people aged 16 and
:29:53. > :30:00.17 at the time of voting should have their say. There is the question of
:30:01. > :30:06.practicalities. We know from the experience of the Scottish
:30:07. > :30:12.referendum last year that 16 and 17-year-olds can successfully take
:30:13. > :30:16.part in a national vote. Young people engaged in discussion, debate
:30:17. > :30:21.and exercised their democratic choice in the same way as anyone
:30:22. > :30:27.else. Arguments about the capacity to understand or engage were proven
:30:28. > :30:34.not to be the case. The post-referendum report by the
:30:35. > :30:45.electoral commission said 109,593 16 and 17-year-olds were included and
:30:46. > :30:55.75% of those we spoke to claim to have voted. 97% of those who
:30:56. > :31:08.reported voting said they would vote again in future. We know young
:31:09. > :31:12.people can take part and will. The issue is whether the Government
:31:13. > :31:17.gives them this chance. This should not be a partisan choice. There is
:31:18. > :31:24.nothing intrinsically conservative or Labour or Nationalist about
:31:25. > :31:29.extending the franchise. The leader of the Scottish Conservatives has
:31:30. > :31:35.described herself as a paid-up member of the votes at 16 club. Some
:31:36. > :31:40.members opposite supported this proposal when we debated it at
:31:41. > :31:46.committee and report stage and yet it is ministers who are standing in
:31:47. > :31:51.the way. The Government said extending the franchise in this way
:31:52. > :31:55.will cost ?6 million and that has been enough to define the proposal
:31:56. > :32:05.as engaging the financial privileges of this House. But ministers could
:32:06. > :32:10.ask this House to waive the privileges and accept our amendment.
:32:11. > :32:15.It has happened many times in the past when the Government has
:32:16. > :32:19.supported amendments, and it is what could happen here and we would
:32:20. > :32:26.support it. In the end, this is not an issue of the puzzle being an
:32:27. > :32:31.affordable but one of the Government not wanting to do it. According to
:32:32. > :32:42.the Autumn Statement, total public spending in the next financial year
:32:43. > :32:55.is estimated to be 773 billion pounds. The Government wants to deny
:32:56. > :33:01.people a vote for the sake of six of them. It is a once in a generation
:33:02. > :33:06.choice. Let us be clear what this is about. Let us not make a
:33:07. > :33:12.constitutional crisis over a small amount of money or use an argument
:33:13. > :33:18.about what is a straightforward policy choice in the Government's
:33:19. > :33:25.wider campaign to neuter the House of Lords. Do we believe 16 and
:33:26. > :33:31.17-year-olds should have the vote in this referendum or not? Do we
:33:32. > :33:35.believe they have a right to have a say in the future direction of the
:33:36. > :33:48.country? We do and that is why we support the amendment added by their
:33:49. > :33:52.Lordships and we will support it. I rise to support the Government in
:33:53. > :33:56.this matter. I don't think it is reasonable that their Lordships
:33:57. > :34:00.decides to open the cheque-book of this House for whatever the amount
:34:01. > :34:06.and I am surprised the member seemed to think it was a little amount of
:34:07. > :34:13.money of no consequence. He misses the point. It is important that the
:34:14. > :34:22.will of this House is seen to be done and that is not to extend the
:34:23. > :34:28.franchise and I am listening with interest to the regular
:34:29. > :34:33.contributions from Scottish members that if it is good enough for
:34:34. > :34:42.Scotland why is it not in this situation? I think I would remind
:34:43. > :34:49.the Scottish members they cannot have it of ways. What they choose to
:34:50. > :34:54.do in Scotland and they cannot then use that as a wonderful precedent to
:34:55. > :35:01.insist we operate in the same way. One of the things they have done in
:35:02. > :35:09.Scotland which I disagree with, they have extended that every young
:35:10. > :35:18.person under the age of 18 must have a state Guardian appointed, who will
:35:19. > :35:26.assess a child's well-being using eight key indicators. Let me expand
:35:27. > :35:34.this because the Scottish members of Parliament seem to make their
:35:35. > :35:43.presence felt in this place. On the other hand, I sometimes think they
:35:44. > :35:50.also take up a huge proportion of time on debates which concern the
:35:51. > :35:58.whole house so I will not keep giving way whenever I say the word
:35:59. > :36:04.Scotland. I think I would like to make two points. Firstly it is a
:36:05. > :36:11.point of principle that 16 and 17-year-olds should get the vote and
:36:12. > :36:25.when she refers to Scottish members I think she means SNP members. There
:36:26. > :36:33.does seem to be in this place that when Scotland is mentioned, the SNP
:36:34. > :36:40.fuel they must make a point. Things happen in Scotland, brought in by
:36:41. > :36:47.Holyrood which I would not support in this House. I don't expect to
:36:48. > :36:52.argue everything should be transported across-the-board. Their
:36:53. > :36:59.argument that this House should follow their lead in the Scottish
:37:00. > :37:07.referendum is a bogus one. I am grateful. Surely the distinction is
:37:08. > :37:11.this. It was this House that gave the Scottish Parliament the power to
:37:12. > :37:16.extend the franchise in the Scottish independence referendum and we gave
:37:17. > :37:21.them that power knowing exactly how it was going to be used. We may not
:37:22. > :37:29.have made the change ourselves but as Lord Dobbs put it we acquiesced
:37:30. > :37:34.in it. What is the difference now? I think the majority of members in
:37:35. > :37:46.this has to not support extending the franchise. We have a sense that
:37:47. > :37:53.this is what we allow 16, 17, 18-year-olds to do, it is not an
:37:54. > :37:57.obvious logical extension that every young person does something at 16
:37:58. > :38:09.and not something else. We accept there are some as our rules that
:38:10. > :38:14.apply but over voting, many of us believe that for young people it is
:38:15. > :38:21.a step too far to expect we expand the franchise and exempt them from
:38:22. > :38:25.other things. I have not arrowed a member of the SNP are doing for
:38:26. > :38:31.16-year-olds to be members of Parliament. That to me is the
:38:32. > :38:43.logical extension of extending the franchise, having it taken down to
:38:44. > :38:49.16. I don't believe the sixth team -year-old would have the maturity
:38:50. > :38:55.and experience to represent a constituency at 16. When she speaks
:38:56. > :38:59.of logic, which she also comment on the fact that many of the members
:39:00. > :39:06.opposite arguing for this were the same people who increased the age of
:39:07. > :39:12.people who could smoke a few years ago to 18 will stop if they think
:39:13. > :39:19.they cannot make a decision about whether or not to smoke, how can
:39:20. > :39:30.they think they are capable of voting? That was exactly a point I
:39:31. > :39:38.had in some notes. I accept there are anomalies. Many of us do. I do
:39:39. > :39:44.believe, and I heard a member of say this is a once in a generation vote,
:39:45. > :39:55.well I have never voted on at so I accept that. I am looking forward to
:39:56. > :40:02.voting on this. If the logic was to be argued that it is once in a
:40:03. > :40:12.lifetime then surely 15, 14, were does one stop? We have to have an
:40:13. > :40:18.age limit on UK Parliamentary elections, 18, therefore those
:40:19. > :40:26.people below that age will live with the consequences. Would she accept
:40:27. > :40:35.that this is a huge change and therefore should not be made on the
:40:36. > :40:39.basis of one type of voting, like the referendum, but if we are to do
:40:40. > :40:50.this it should be looked at popular, with the anomalies -- looked at
:40:51. > :40:54.properly. It is that we should look at it properly so it is introduced
:40:55. > :41:01.with the general election if that is what Parliament wants. She is right.
:41:02. > :41:07.My friend on the front bench alluded to that. I won't stick include by
:41:08. > :41:10.saying that the SNP may fuel they have it just right in Scotland but
:41:11. > :41:20.that was their privileged to do that. I disagree that an example led
:41:21. > :41:23.by the SNP to say we have to explain to the young people of Scotland why
:41:24. > :41:31.they cannot do this is frankly ridiculous. This House has voted
:41:32. > :41:37.numerous times that we do not want to extend the franchise and the back
:41:38. > :41:43.door method using their Lordships' majority to overrule this is a
:41:44. > :41:52.dangerous precedent, to tack on the fundamental change is not the method
:41:53. > :41:59.to do it. There is a ?6 million bill associated with it and I object to a
:42:00. > :42:02.blank cheque being written but maybe they do not care where the money
:42:03. > :42:11.comes from. Frankly the main principle is for many of us is that
:42:12. > :42:16.extending the franchise is not the way to do it. If we were to do it
:42:17. > :42:24.for this referendum then it would be inevitable we would have to move the
:42:25. > :42:28.age for nationwide UK elections. I would say yet again until we are
:42:29. > :42:33.prepared to consider all the eventualities of that vote,
:42:34. > :42:38.including extending the ability of someone aged 16 to represent a
:42:39. > :42:43.constituency then we are not in a position today to consider all the
:42:44. > :42:51.options to accept this amendment and I hope the House rejects it.
:42:52. > :42:59.Thank you for the opportunity, as a Scottish MP, two discussed giving
:43:00. > :43:06.Scottish teenagers the vote in the European referendum. It seems
:43:07. > :43:15.something of an irony that members of the opposite... We have a simple
:43:16. > :43:19.solution which is to scrap the upper chamber. In this instance, I am glad
:43:20. > :43:25.they have given us the opportunity. I know it when we previously debated
:43:26. > :43:29.this back in June, there were members on both sides of the has
:43:30. > :43:34.said that the time will come, I hope they have taken the summer time to
:43:35. > :43:38.reconsider. Firstly, this is a question of democracy. The minister
:43:39. > :43:42.talked about this being a Westminster bubble issue. I do not
:43:43. > :43:46.see how giving more people the vote, more people the opportunity to
:43:47. > :43:54.participate in the democratic process is a Westminster bubble
:43:55. > :43:58.issue - quite the opposite in fact. Young people will have to live with
:43:59. > :44:03.the decision of the European referendum much longer than the rest
:44:04. > :44:07.of us. 16-year-olds can pay tax and get married, but I will concede that
:44:08. > :44:12.they cannot drive a bus. I will come to the member in just a moment. On a
:44:13. > :44:24.more sobering point, I'll was in at the devolution in 2010 many citizens
:44:25. > :44:31.who lost the lies and Iraq were too young to vote.
:44:32. > :44:32.Will the honourable gentleman assist me in expelling my 15 is not
:44:33. > :44:40.correct? I thank the member.
:44:41. > :44:45.-- explained to me. We believe that 16 is a good age for
:44:46. > :44:52.participation. It is when they pay tax. We think that is a good age to
:44:53. > :44:55.come in and start voting. Participation is a question which
:44:56. > :44:59.should always be high on the agenda of this house. We should always be
:45:00. > :45:03.trying to look at different ways to encourage people to be involved in
:45:04. > :45:07.the democratic process. Evidence suggests that the earlier we involve
:45:08. > :45:15.them, more likely people are to stay involved. If you vote at 16, if you
:45:16. > :45:19.vote early, you vote often. The other side of the house may not like
:45:20. > :45:31.that very much, but we think that is positive. I will come to him in just
:45:32. > :45:37.a moment. We in this house, we have a tale of two legislators. On the
:45:38. > :45:43.18th of June, the very day that this house struck down the amendment to
:45:44. > :45:53.give 16 and 17-year-olds a vote, the Scottish Parliament is dosed at the
:45:54. > :45:56.wiser institution, clearly - took about to extend the franchise to
:45:57. > :46:03.Holyrood elections, and they passed it unanimously. The fact that the
:46:04. > :46:08.leader of the Scottish Conservatives said that she, and I quote, a fully
:46:09. > :46:13.paid-up member of the votes at 16 club now. I welcome that, along with
:46:14. > :46:19.Labour and the Lib Dems which are now for about a 16 as well. In fact,
:46:20. > :46:28.any rarer show of unity, I hope I'm not jinxing this, the past leader of
:46:29. > :46:37.the Labour Party appeared to vote to back votes at 16. I hope I'm not
:46:38. > :46:41.speaking too soon on that one. Is my honourable friend also aware
:46:42. > :46:45.that both the Scottish and UK youth Parliament have endorsed votes at
:46:46. > :46:50.16? My honourable friend makes a good
:46:51. > :46:56.point. Indeed the electoral reform Society said the UK Government
:46:57. > :46:58.should follow holy red's example for the EU referendum and all other
:46:59. > :47:06.elections. Hollywood BUZZER .
:47:07. > :47:12.The gold standard set by the Scottish Referendum is one that we
:47:13. > :47:18.should follow here. It is a shame that we have not follow this
:47:19. > :47:23.example. It it is a shame that those who make such a huge contribution
:47:24. > :47:29.will not be able to vote. But members from across the spectrum
:47:30. > :47:35.were won over by votes for 16. Turnout among 16 and 17-year-olds
:47:36. > :47:43.was 75%. 97% of them saying they would contribute to voting again.
:47:44. > :47:47.The access to more information than any other age group. That makes all
:47:48. > :47:53.of us macro much more accountable. I give way.
:47:54. > :47:57.One wonders what we ever did before the SNP are right with their 56
:47:58. > :48:03.seats in this Parliament. We obviously struggled on manfully. The
:48:04. > :48:07.honourable gentleman will know that when the franchise was made to
:48:08. > :48:14.18-year-olds, since then, very rarely has turnout between 18-
:48:15. > :48:20.24-year-olds gone above 20%. But in the 70s it is in the high 70s. We
:48:21. > :48:23.have never had so much information about policy and politics. Why does
:48:24. > :48:29.he think that across the UK young people are so disengaged?
:48:30. > :48:37.Of course, the honourable member is not the only person so delighted to
:48:38. > :48:41.cease any new SNP members. We have the facts and we have the evidence,
:48:42. > :48:45.the evidence shows that with you involve 16-year-olds they get
:48:46. > :48:48.involved. Making an argument that Westminster elections have not
:48:49. > :48:52.inspired people to get involved in elections in the past, I think is
:48:53. > :48:56.more of a reflection on the Westminster politicians than it is
:48:57. > :49:00.on the general public at large. We have that evidence, they got
:49:01. > :49:04.involved. 16-year-olds campaigning was a good thing, a good thing for
:49:05. > :49:09.those got involved on the No side as wealthy Yes side. I pay tribute to
:49:10. > :49:17.those who got involved on both sides. -- as well as the Yes side.
:49:18. > :49:22.If you give these people the opportunity to get involved they
:49:23. > :49:28.will do so. The European referendum providers a chance to prove that
:49:29. > :49:32.case. I suspect that 16-year-olds will be better informed and get his
:49:33. > :49:36.Government a better hearing on the deal that they negotiate with
:49:37. > :49:43.Brussels than his own backbenchers will. This house has been left
:49:44. > :49:47.behind on votes for 16-year-olds. It is happening in Scotland, the Isle
:49:48. > :49:55.of Man and elsewhere. Let's not be left behind again and back votes
:49:56. > :50:02.were 16-year-olds. Thank you, Madam Deputy Speaker. I
:50:03. > :50:07.rise to support the Government's position on the Lords amendment
:50:08. > :50:12.number one. A number of arguments deployed to why we should extend the
:50:13. > :50:17.boat to 16 and 17-year-olds for this referendum. I have listened both in
:50:18. > :50:25.this debate so far add other debates - they tend to distil into two broad
:50:26. > :50:31.camps. The first, we have just had an example of that from the
:50:32. > :50:35.honourable member for North East five - that is what they did in
:50:36. > :50:41.Scotland, and therefore what we should do across the UK. -- North
:50:42. > :50:45.East Fife. The other argument is that because it is there a future
:50:46. > :50:53.they should be able to have a say in their future because this is a 1 off
:50:54. > :51:01.election. I lived for a year on Deeside between Ballater and Aboyne,
:51:02. > :51:04.a truly wonderful part of the world. One of the things I discovered
:51:05. > :51:08.living up there is that there are a lots of things that they do in
:51:09. > :51:22.Scotland different to we do in England and Wales. And actually, any
:51:23. > :51:31.life like France. We do not want to create, generate a across the whole
:51:32. > :51:39.of the UK. With a member give quiz work in a moment.
:51:40. > :51:42.I expect one of the reasons why the members of the SNP are so passionate
:51:43. > :51:45.about independence is that they wanted to do things differently from
:51:46. > :51:51.England and Wales. Therefore I find it slightly strange that, in their
:51:52. > :51:54.collective desire to be independent and deference, what they are
:51:55. > :52:02.suggesting is what we should all be saying. I give way.
:52:03. > :52:06.Wasn't the point of the SNP's Speaker there was that when you give
:52:07. > :52:12.16-year-olds the right to vote they become more valued, more engaged,
:52:13. > :52:16.participation increases. They become part of the fabric of democratic
:52:17. > :52:22.society and Dr responsibilities and enrich our whole community. We
:52:23. > :52:27.should go ahead? Part of my speech addresses this
:52:28. > :52:31.very point he made. I'm not going to try and concertina my speech in
:52:32. > :52:35.response to that question, but I will come to that. If you feel is
:52:36. > :52:41.I've not given a satisfactory response, I invite him to intervene
:52:42. > :52:49.later on. I come back to the point about that is what happens in
:52:50. > :52:54.Scotland. There is a long-standing differential between things which
:52:55. > :53:00.16-year-olds can do in Scotland and those in the United Kingdom at
:53:01. > :53:10.large. Great Britain is famous because it is the first place that
:53:11. > :53:16.runaway lovers can yet to and take a voltage attitudes to the age of
:53:17. > :53:19.marriage. -- Gretna Green is famous. Seeing because it happens in
:53:20. > :53:29.Scotland it must therefore happen in the rest of the UK is I think a
:53:30. > :53:36.hollow argument. I would also advise the honourable members from the
:53:37. > :53:45.Scottish National Party to be a little bit careful what you wish for
:53:46. > :53:54.in this regard. Because, if your position is that any deep power you
:53:55. > :53:58.exercised must then, by extension, be absorbed by the rest of the
:53:59. > :54:10.United Kingdom, I believe it is going to create a lot of friction
:54:11. > :54:14.and disharmony. -- devolves power. People in the rest of the United
:54:15. > :54:22.Kingdom will feel aggrieved that there is an automatic assumption
:54:23. > :54:30.that the bold decisions made in Scotland will occur across the
:54:31. > :54:35.latest kingdom I think the honourable member misses the point.
:54:36. > :54:41.My colleague from North East Fife talks about the engagement of 15 and
:54:42. > :54:47.16-year-olds. What we have found in Scotland, and the evidence bags it
:54:48. > :54:53.up, we have found that by giving the franchise to 16 to 17-year-olds they
:54:54. > :54:58.have remained engaged in the political process be on the age of
:54:59. > :55:01.16. While the UK may have had low numbers in the Westminster
:55:02. > :55:09.elections, we have much higher, above 70%, in Scotland.
:55:10. > :55:12.I issue the honourable lady misunderstood the type of engagement
:55:13. > :55:20.I meant when I spoke about Gretna Green, but I will come onto that.
:55:21. > :55:30.The member for Vauxhall makes a very important point about the natural
:55:31. > :55:39.implication of extending the voting rights in the European referendum to
:55:40. > :55:44.other collections. I was, in a previous life, the youth ambassador
:55:45. > :55:49.to the Mayor of London. I spent a huge amount of time dealing with
:55:50. > :55:55.young people across London. I know there are many where you informed,
:55:56. > :56:03.engaged, articulate, thoughtful people who are aged 16 and 17. There
:56:04. > :56:08.are also some very well-informed, article, engaged 15-year-olds.
:56:09. > :56:14.Rightly, there are some 40-year-olds who I would not trust to tie their
:56:15. > :56:21.own shoelaces. So we recognise that there is a degree of arbitrary
:56:22. > :56:30.distinction when we bring about a voting age. But there must be a line
:56:31. > :56:38.in the sand. A number of people asked if 16, why not 15? If 15, why
:56:39. > :56:43.not 14? My two boys are the sons of a politician, we speak about
:56:44. > :56:49.politics at home, they listen to the nose, -- they listen to the news,
:56:50. > :56:52.and I would suggest they are better informed about UK and global
:56:53. > :56:58.politics then many people twice or thrice their age, so why not give
:56:59. > :57:03.them the vote? It comes onto the second argument, that it is their
:57:04. > :57:06.future. This referendum is their future, just as much it is the
:57:07. > :57:24.future for a 16 or 17-year-old. He may be surprised to know that I
:57:25. > :57:27.do not support votes at 16. What worried me was increasing pressure
:57:28. > :57:35.on childhood in our country. What worries me about this is that an
:57:36. > :57:39.adult will be an adult at 16 stop them petition is that have never
:57:40. > :57:49.been seriously looked at by my party or investigated. This opposition,
:57:50. > :57:54.the SNP as well, having never done a proper evaluation on the impact on
:57:55. > :58:04.children and the protection of children, which should be a top
:58:05. > :58:11.priority. That leads me to my closing remarks. For those people
:58:12. > :58:18.who say this is a one-off and will not be extensions, we have just
:58:19. > :58:24.heard members of the SNP saying they gave votes to 16-year-olds in the
:58:25. > :58:30.referendum and then at Holyrood elections and they are suggesting
:58:31. > :58:35.this is a natural evolution of the Democratic process. They are making
:58:36. > :58:44.the point that you warn against, that this will unlock the floodgates
:58:45. > :58:51.for the change of the mandate to 16 at many other elections and at a
:58:52. > :58:56.time when 16 and 17-year-olds are mandated to remain in education. We
:58:57. > :59:04.have made an explicit comment that we do not fuel they are fully formed
:59:05. > :59:18.because -- feel they are fully formed because if not we would not
:59:19. > :59:22.suggest they have to stay in education, so it is a ridiculous
:59:23. > :59:28.notion that in a one-hour debate tagged onto the European Union
:59:29. > :59:36.Referendum Bill that we should change the mandate. I recommend all
:59:37. > :59:43.members to support the Government's position. As members can see there
:59:44. > :59:59.are a few people who wish to speak. The debate must finish at 145 PM.
:00:00. > :00:05.Our young people are no longer children and they resent being
:00:06. > :00:07.treated as such. Our view is that if we entrust them with the
:00:08. > :00:16.responsibility they will act responsibly. These are not my words
:00:17. > :00:25.but the words of a late Lord during the debate which led to reducing the
:00:26. > :00:31.voting age from 21 to 18. The world has changed since then and so must
:00:32. > :00:37.we. It is about franchising young people in one of the biggest
:00:38. > :00:42.decisions to affect their lives. One of my first acts as an MP was to try
:00:43. > :00:48.to introduce a Private Members' Bill on this issue to give 16 and
:00:49. > :00:55.17-year-olds the vote whilst increasing political education. That
:00:56. > :01:00.bill is unlikely to be debated and voted on. I sincerely hope the
:01:01. > :01:04.Government will see sense today and support the amendment in front of
:01:05. > :01:12.us. I have spoken with many opposite who have agreed with me on this. The
:01:13. > :01:17.European question is quite simply one of the biggest decisions we can
:01:18. > :01:29.make. Do we want to live in a country with strong link is to our
:01:30. > :01:34.nature is where we can engage with various topics are to be wants to be
:01:35. > :01:38.cut off from the world becoming a smaller influence on the world
:01:39. > :01:45.stage? These arguments are for another day. Whatever the result,
:01:46. > :01:50.one thing can be sure to stop it will have a long-lasting impact on
:01:51. > :01:58.this country. The inn/out campaigns have been launched and people have
:01:59. > :02:04.started to talk about it but there is one group talking about it but
:02:05. > :02:08.who are being silenced and it is that group we are here to talk about
:02:09. > :02:16.today. The Prime Minister is spending close to ?1 billion
:02:17. > :02:23.empowering young people aged 16 and 17 through national citizen service.
:02:24. > :02:28.I took part over the summer judging community projects young people had
:02:29. > :02:33.designed themselves. National citizen service teachers young
:02:34. > :02:37.people about community engagement and encourages them to play the role
:02:38. > :02:43.of an active citizen in their community. Can the Prime Minister 's
:02:44. > :02:53.not see how ridiculous it is to refuse 16 and 17-year-olds at the
:02:54. > :03:00.ballot box? ? The case has been made as to why 16 and 17-year-olds should
:03:01. > :03:05.be given the vote. They can consent to medical treatment, sexual
:03:06. > :03:10.relationships, get married, join the armed forces, change their name,
:03:11. > :03:17.receive tax credits, welfare benefits, join a trade union, or a
:03:18. > :03:23.cooperative society. They can even do what many young entrepreneurs
:03:24. > :03:30.do, become the director of a company. 16 new rules in work or
:03:31. > :03:36.even required to pay income tax and national insurance. As Mike
:03:37. > :03:41.colleague pointed out in a Westminster debate last year, there
:03:42. > :03:46.is something fundamentally wrong with taxation without
:03:47. > :03:52.representation. It was the very cause of the American revolution.
:03:53. > :04:01.How long before it young people rise up? The last thing we need is more
:04:02. > :04:05.young people becoming militant. Many of my colleagues called for more
:04:06. > :04:11.momentum on this issue. These are people with voices and opinions they
:04:12. > :04:17.want to be heard. Yesterday I spoke to a year 12 political class at a
:04:18. > :04:22.college in my constituency. I asked them if they had anything they would
:04:23. > :04:25.like me to contribute to this debate. They were amazing,
:04:26. > :04:36.articulate and inspired young people. One of the things they asked
:04:37. > :04:40.was about my view on the House of Lords being abolished and if they
:04:41. > :04:44.had asked me a few months ago I might have had a different answer.
:04:45. > :04:53.It is because of the work of the other place that we are here today.
:04:54. > :05:02.I ask them to tell me about votes at 16. One young lad told me he felt
:05:03. > :05:08.unrepresented. He said there were millions of young people who have no
:05:09. > :05:16.say. He said voter turnout for 18-24 -year-olds is just about 40% and we
:05:17. > :05:20.needed the voices of 16 and 17-year-olds to be added to make
:05:21. > :05:28.sure young people are represented. I checked the statistics and he was
:05:29. > :05:35.bang on. If the Scottish referendum is anything to go by, we could see
:05:36. > :05:45.75% of all 16 and 17-year-olds vote in the EU referendum. He said you
:05:46. > :05:50.could count on one hand the number of MPs who had been in full-time
:05:51. > :05:54.education in the last decade so he said he couldn't understand what it
:05:55. > :06:03.was like from a learner's point of view. Fabian pointed out that you
:06:04. > :06:14.can only understand about Jewish and fees if you turned 18 at the right
:06:15. > :06:20.time. Lizzie said he wanted to march for church and fees but told he
:06:21. > :06:29.could not. He felt the direct action was his only choice. I will move on
:06:30. > :06:44.to one point and some up. Owen said for words to me. It just makes
:06:45. > :06:48.sense. And it does. I would like to speak briefly in support of the
:06:49. > :06:54.Government. It is not unusual to be patronised by the SNP. I noticed the
:06:55. > :07:01.member for garden is not in his place. I heard a rumour he was
:07:02. > :07:07.unveiling a statue of himself made out of chocolate so he could admire
:07:08. > :07:13.it and then eat it. The reason I am opposing this is not actually
:07:14. > :07:19.because I am against the substance of the debate. I am a floating
:07:20. > :07:23.voter. I began to look at the experience of younger people over
:07:24. > :07:29.the last year. We need a proper debate, a proper legislative
:07:30. > :07:37.framework to debate this issue, rather than tacked on to an EU
:07:38. > :07:41.referendum. I support lowering the age in principle but it seems that
:07:42. > :07:48.if you look at the bill the principal offer is if we want to
:07:49. > :07:56.make major changes we go to the public. We should have a national
:07:57. > :08:02.consultation about this as well. We have a gold standard template which
:08:03. > :08:18.we measure and that is the franchise. We have made changes in
:08:19. > :08:24.1969, 19 24. We accept all of that. Let's have a public debate, not just
:08:25. > :08:27.through the prism of the Scottish referendum and across all of the
:08:28. > :08:33.country where we can have differing views. The honourable lady carboxyl
:08:34. > :08:51.put her finger on the issue. It must not be tacked on. It must be
:08:52. > :09:01.decided... I find it inconceivable that the turnout would rise from 40%
:09:02. > :09:10.to 75% because you include 16 and 17 year -year-olds. That doesn't add
:09:11. > :09:17.up. This is a constitutional outrage that the superannuated unelected
:09:18. > :09:21.House of Lords have told us what the elected house should be doing when
:09:22. > :09:26.we have a settled view on it. They should learn their place and they
:09:27. > :09:33.must be subservient to the elected house and it is high time we had
:09:34. > :09:37.House of Lords reform. After my experience in the last Parliament,
:09:38. > :09:43.the irony of the hearing Conservative members arguing for
:09:44. > :09:51.reform of the House of Lords is never lost. There is a fundamental
:09:52. > :09:56.inconsistency in the position of the Government. In the last Parliament
:09:57. > :09:59.the Prime Minister gave the power to the Scottish Parliament to extend
:10:00. > :10:07.the franchise for the independence referendum. We knew what they were
:10:08. > :10:11.going to do with it. As the noble Lord in the other place put it, he
:10:12. > :10:18.acquiesced. And for a number of reasons. It was the most important
:10:19. > :10:23.vote we would face and because it was once in a generation. That is
:10:24. > :10:30.exactly the situation facing the House today. On the question of
:10:31. > :10:35.financial privilege, I have to say it appears to me that the Government
:10:36. > :10:42.having lost the argument now wants to play the trumpet card to thwart a
:10:43. > :10:47.very laudable aim. The honourable lady from St Albans said we were
:10:48. > :10:53.opposing the use of financial privilege because we do not care
:10:54. > :10:58.about where the money comes from. We do care. We care about the fact it
:10:59. > :11:07.is paid by, amongst others, 16 and 17-year-old taxpayers. They pay it
:11:08. > :11:13.so are entitled to have their say. 20 seconds remaining. I wish to
:11:14. > :11:20.argue and I will not take interventions. This makes absolute
:11:21. > :11:24.sense, we need to trust our young people and empower them. Let us give
:11:25. > :11:37.them this vote and chance. Question is that this house
:11:38. > :11:40.disagrees with the House of Lords in their amendment number one. As many
:11:41. > :11:44.as are of the opinion, say "aye". To the contrary, "no". Decision, clear
:11:45. > :12:48.the lobby. The question is that this house
:12:49. > :12:52.disagrees with the Lords amendment number one. As many as are of the
:12:53. > :19:43.opinion, say "aye". To the contrary, "no". .
:19:44. > :23:36.Order, order. The ayes to the right, 303. The noes
:23:37. > :23:44.to the left, 253. The ayes to the right 303. The noes
:23:45. > :23:52.to the latter 253. The ayes habits, the ayes habit. Armlock.
:23:53. > :23:57.The next amendment to be undertaken is Lords amendment number five, and
:23:58. > :24:01.which we shall consider all the remaining Lords amendments and the
:24:02. > :24:09.selected amendments to them as on the paper. To move amendment a 2
:24:10. > :24:16.Lords amendment number five, I call Sir William Cash.
:24:17. > :24:23.Thank you Mr Speaker. The reason I tabled this amendment is because, in
:24:24. > :24:26.the House of Lords, not in the House of Commons, but in the House of
:24:27. > :24:31.Lords, amendments were removed and accepted by the Government
:24:32. > :24:35.respecting the question of publishing information, both on the
:24:36. > :24:42.outcome of negotiations between the member states and secondly in the
:24:43. > :24:47.other amendments, amendment number five, but in amendment number six
:24:48. > :24:51.due to publish information about membership of the European Union.
:24:52. > :24:57.That may sound all well and good, but if I may say, the problem is
:24:58. > :25:01.that this contains a whole raft of question marks which I wish to raise
:25:02. > :25:10.today. Not least of which is the fact that, and I will give a brief
:25:11. > :25:13.outline of amendment five, on the outcome of negotiations, the
:25:14. > :25:20.secretary of state will be under an obligation to publish a report -
:25:21. > :25:24.which also is loaded with other material - we do not know what that
:25:25. > :25:29.other material will involve. Setting out a statement as to what has been
:25:30. > :25:39.agreed by member states following negotiations. We have just seen the
:25:40. > :25:43.letter from Mr Task on the current assessment of EU negotiations, and I
:25:44. > :25:49.do not think it makes pretty reading for the Government by any means. I
:25:50. > :25:54.go further and say it also goes - and this I found quite astonishing -
:25:55. > :25:58.the object of the letter apparently was to satisfy and to provide a
:25:59. > :26:03.solution for the Prime Minister. I thought the real objective here was
:26:04. > :26:08.to satisfy the United Kingdom, particularly its voters. That is
:26:09. > :26:12.after all what this referendum is all about. It is not about what the
:26:13. > :26:18.Government thinks. Parliament is handing over this entire exercise to
:26:19. > :26:23.the voter, which is the proper way in which the matter should be dealt
:26:24. > :26:30.with, and indeed, for which I have campaigned for nearly 25 years. In
:26:31. > :26:38.addition to that, there is also in that report the proposal, in fact,
:26:39. > :26:44.the duty, to publish the opinion of the Government of the UK on what has
:26:45. > :26:48.been agreed. The opinion of the Government, from all we can gather
:26:49. > :26:52.so far, is going to be that we should remain in. So, not a
:26:53. > :26:58.naturally, those of us who come from a different possession - I say
:26:59. > :27:07.without any lack of candour that I am campaigning to leave the European
:27:08. > :27:11.Union - I need to be complete surely -- completely impartial and fair in
:27:12. > :27:16.that position. I am deeply concerned as to what that material might
:27:17. > :27:22.contain, and what the opinion of the Government, as exposed now report,
:27:23. > :27:28.what might be. The second amendment relates to amendment six. In that
:27:29. > :27:33.case, it refers to the secretary of state being under a legal obligation
:27:34. > :27:41.to publish a report, again with other material, of which we know
:27:42. > :27:45.nothing, relating to information to rights and obligations that arise in
:27:46. > :27:51.European Union law as a result of the UK's member ship of the EU. I
:27:52. > :27:56.must say, as one has been on the committee for 30 years, there has
:27:57. > :28:01.been a vast accumulation of rights and obligations. So much so that I
:28:02. > :28:05.really wonder whether it is conceivable that that information
:28:06. > :28:12.could ever be made available in the concise form that such a report
:28:13. > :28:14.would presuppose. In fact, it is everything which arises under
:28:15. > :28:18.sections two of the European sections two of the European
:28:19. > :28:24.communities act which has a massive effect on our daily lives and those
:28:25. > :28:29.of the voters. And it goes on to say, and samples of countries that
:28:30. > :28:34.do not have membership of the European Union but do have other
:28:35. > :28:39.arrangements with the EU, describing in the case of each country giving
:28:40. > :28:43.an example of those arrangements. This brings into mind the question
:28:44. > :28:46.the Prime Minister raised when he was in discussion with the EU the
:28:47. > :28:51.other day, and a speech he made about Norway. I can confidently tell
:28:52. > :28:55.you that for my part at any rate, and for most of my colleagues I
:28:56. > :29:01.think, the Norway option has never been on the table, because we just
:29:02. > :29:04.don't approve of those arrangements. There are other arrangements,
:29:05. > :29:10.certainly, but I do not intend to go into those today. But I will say,
:29:11. > :29:16.however, is that these matters are obligations on the Government to
:29:17. > :29:20.deliver reports. The innocent is of my amendments and those cases is
:29:21. > :29:27.very simple will stop -- the essence of my amendments. The electoral
:29:28. > :29:31.commission itself has important duties to all matters relating to
:29:32. > :29:36.referendums and elections has already made its views clear in
:29:37. > :29:42.relation to what went on in the House of Lords.
:29:43. > :29:49.We would love to have been able to debate this in the House of Commons
:29:50. > :29:52.properly. We have limited time so I will be brief. The fact is that
:29:53. > :29:59.these massive reports are bound to have a huge effect on public opinion
:30:00. > :30:03.and therefore it's absolutely essential that they are impartial
:30:04. > :30:07.and accurate. And, indeed, the electoral commission stated and
:30:08. > :30:15.repeated to me today in an e-mail they sent me, however, however, they
:30:16. > :30:21.go on to say, any provision legislation for these matters should
:30:22. > :30:25.ensure that voters can have confidence in the accuracy and
:30:26. > :30:29.impartiality of the information. There should also be sufficient
:30:30. > :30:35.balance given to the consequences of both the majority vote to remain a
:30:36. > :30:38.member of the European Union, and the majority vote to leave the
:30:39. > :30:46.European Union. I couldn't agree with that small. It's clear that has
:30:47. > :30:49.to be a balance. The problem is that everything from government in
:30:50. > :30:56.relation to this issue, all this speeches and arguments, are all
:30:57. > :30:59.towards the notion there is bats that a reformed EU would satisfy the
:31:00. > :31:06.requirements of what has been set out. The committee has been looking
:31:07. > :31:12.carefully at expert evidence about the outcome of the negotiations thus
:31:13. > :31:17.far. I don't think that I'm giving anything away if I say that last
:31:18. > :31:20.very big questions about what has been achieved under these
:31:21. > :31:24.renegotiations. There is time to go and I am aware that such a report,
:31:25. > :31:32.as I have mentioned, both reports would have to be published within
:31:33. > :31:37.the period of ten weeks, ending with the date of the referendum. The
:31:38. > :31:41.report must be published before the beginning of the final ten week
:31:42. > :31:46.period. For practical purposes, there will be ten weeks to evaluate
:31:47. > :31:50.all of this, but the report will have enormously persuasive
:31:51. > :31:56.significance. How do you envisage the report is
:31:57. > :32:01.scrutinised and who will sign off the report before it is published?
:32:02. > :32:04.I am quite confident the European scrutiny committee will be looking
:32:05. > :32:11.at this very carefully because one of the things that have come up
:32:12. > :32:18.during the course of the renegotiations is this, that we want
:32:19. > :32:22.to be sure that the Government does not come forward with something as a
:32:23. > :32:28.final offer. I see the Minister for Europe sitting there in his usual
:32:29. > :32:33.place. He knows what I'm saying and you don't want to be balanced by a
:32:34. > :32:36.final offer. We want to be able to assess the negotiations as they
:32:37. > :32:41.progress. That's what were doing and what we will continue to do because
:32:42. > :32:46.that is what our standing orders on behalf of the House of Commons
:32:47. > :32:49.requires. I am grateful to the honourable lady for her
:32:50. > :32:56.intervention, because it's really important that this house is not
:32:57. > :32:59.balanced. On the question, and this is all I really need to say on the
:33:00. > :33:04.amendments themselves, I am conscious of the fact that having
:33:05. > :33:10.spoken to the electoral commission today and received a note from them,
:33:11. > :33:13.that they regard the capacity of the electoral commission to provide the
:33:14. > :33:19.degree of impartiality that we would expect as being beyond their own
:33:20. > :33:21.functions. This, I think, is extremely regrettable because I
:33:22. > :33:28.think they should be given the opportunity to comment. I am aware,
:33:29. > :33:32.and I look to the Minister and I say this with very, very clear
:33:33. > :33:38.assessment, the committee will be looking at this very carefully and
:33:39. > :33:45.he knows what that means, and it is simply this. If any such report
:33:46. > :33:50.could not be guaranteed by him as the Minister for Europe as meeting
:33:51. > :33:54.the highest standards of impartiality and the highest
:33:55. > :33:59.standard of accuracy, would he not agree that that would effectively be
:34:00. > :34:04.misleading the British people? That is the test. On the basis that I
:34:05. > :34:09.hear from him something along those lines, I am prepared, of course I am
:34:10. > :34:19.very happy to give way in a moment, just at the finish. Due accuracy and
:34:20. > :34:24.in partiality is implicit in any report of this kind in regards to
:34:25. > :34:28.the importance of the voter being able to make a balanced choice when
:34:29. > :34:35.the time comes. Thank you for giving way. I am
:34:36. > :34:43.puzzled. He is demanding accuracy in the Government's analysis, and he is
:34:44. > :34:48.also demanding impartiality. Does he mean that the Government should not
:34:49. > :34:52.express an opinion on what is the most important issue facing this
:34:53. > :34:57.country for perhaps the next 40 years, because that would be absurd?
:34:58. > :35:04.He must not be saying that. Is he saying that if the Government
:35:05. > :35:08.produces an accurate report and then reaches a conclusion, that cannot be
:35:09. > :35:13.impartial. There is a difference between accuracy and impartiality.
:35:14. > :35:17.I will leave my own opinions out on this particular point as I have very
:35:18. > :35:21.strong views which will be developed during the course of the campaign as
:35:22. > :35:24.to why it is we should leave. But we already know from the speeches that
:35:25. > :35:29.have been made by the Prime Minister and by other ministers that there is
:35:30. > :35:34.a presupposition that a reformed union is the way to go. The tests
:35:35. > :35:36.that'll be applied to that is whether the reforms amount to
:35:37. > :35:41.anything very much, which I don't think they will. In addition to
:35:42. > :35:46.that, whether they meet the test of changing our relationship with the
:35:47. > :35:50.EU, which is also a relevant issue. On these questions are there will be
:35:51. > :35:58.much debate. All I am saying is that anybody with a fraction of judgment
:35:59. > :36:04.on that huge landscape, and the trust that has to be given to be
:36:05. > :36:08.voted to make the right decision as to whether to remain in order leave,
:36:09. > :36:11.will be tested against the question as to whether there is any
:36:12. > :36:16.significant bias in the manner in which reports are put forward. We
:36:17. > :36:21.have already been through the whole of the Purdie debate which was about
:36:22. > :36:26.using civil service machinery. If I may say, I think we won that one.
:36:27. > :36:31.This should not be a back door in relation to receiving the same kind
:36:32. > :36:33.of objectives. On that note, I propose to withdraw my amendment
:36:34. > :36:39.simply because I do want to know, from the Minister, whether or not he
:36:40. > :36:42.is prepared to accept the impartiality and accuracy point
:36:43. > :36:45.which I have made. He knows perfectly well what I mean and is
:36:46. > :36:50.more than capable of giving us a decent answer.
:36:51. > :37:04.The question is that amendment A 2 Lords Amendment five he made.
:37:05. > :37:06.I will speak very briefly giving that the honourable member has
:37:07. > :37:12.indicated he will withdraw his amendment. Amendments five and six
:37:13. > :37:21.passed in the other place reflects very closely amendments that we in
:37:22. > :37:24.this side moved to committee stage and report stage of the
:37:25. > :37:33.consideration of the bill here. Amendment five calls for information
:37:34. > :37:38.and report on the Government's renegotiation purpose. Amendment six
:37:39. > :37:42.calls for a report on the rights and obligations in tales in membership
:37:43. > :37:46.of the European Union, and it also calls for the Government to outline
:37:47. > :37:51.rights and obligations of some countries who have particular
:37:52. > :37:57.relationships with the European Union, but who are not members.
:37:58. > :38:04.Perhaps through the EEA agreement. I could refer the House to the recent
:38:05. > :38:10.policy network pamphlet on these issues called What Does Out Look
:38:11. > :38:14.Like? Which I think would make a great Christmas present for anyone
:38:15. > :38:20.considering these things. I have some copies available if you would
:38:21. > :38:26.like them. This is not the same issue. We are talking about
:38:27. > :38:31.something which is ten weeks out. It is not in a decent of the campaign.
:38:32. > :38:34.It is not a leaflet that is to be distributed to every household in
:38:35. > :38:39.the country or anything of that nature. What we are calling for is
:38:40. > :38:45.the Government to publish information on both of these
:38:46. > :38:50.aspects, the renegotiation and what out might look like, which will give
:38:51. > :38:56.the public the best information possible on a very important
:38:57. > :39:00.decision. The Government and the Prime Minister has placed great
:39:01. > :39:04.emphasis on the renegotiation itself, and we have seen the
:39:05. > :39:07.exchange of letters between the Prime Minister and the President of
:39:08. > :39:13.the European council, who published his initial reply yesterday. We know
:39:14. > :39:19.there will be some discussion on these issues at the European Council
:39:20. > :39:24.next week, but probably not a conclusion until the European
:39:25. > :39:29.Council in February of next year. It remains to be seen what the outcome
:39:30. > :39:34.of these renegotiations is going to be. We had some indication in the
:39:35. > :39:38.letter from the President of the European Council yesterday. The
:39:39. > :39:44.point I would make is that for many of us on this side of the House, we
:39:45. > :39:46.do not place the same weight on this negotiation as the Prime Minister
:39:47. > :39:51.because we think there is a broader case for membership for the four
:39:52. > :39:54.points but the Prime Minister outlined in his letter last month to
:39:55. > :39:59.the President of the European Council. It is obviously also the
:40:00. > :40:05.case that many of the back benches opposite placed no weight at all on
:40:06. > :40:09.this renegotiation for the obvious reason that there is nothing in it
:40:10. > :40:14.that could possibly make them change their minds about the outcome of
:40:15. > :40:19.this referendum. I'll give way to the honourable lady in just a
:40:20. > :40:26.moment. I think it was the member for North Essex who said at the
:40:27. > :40:31.time, it is that it? When he saw the the Prime Minister's letter when it
:40:32. > :40:35.was published a few weeks ago. I understand the last comments, but
:40:36. > :40:40.that is all part of it. What is being asked, the response to what is
:40:41. > :40:43.being asked is all part of the calculations being made by many
:40:44. > :40:49.people who may be considering what unit looks like as well as out. If
:40:50. > :40:53.the negotiations are not treated with the respect and gravity they
:40:54. > :40:56.deserve, then that says a big message to those of us who have
:40:57. > :41:02.concerns about our ongoing membership.
:41:03. > :41:05.Thank you for your intervention. Different people will look at this
:41:06. > :41:09.renegotiation in a different way. The point I am making is that I
:41:10. > :41:15.think there is a broader case about membership of the European Union
:41:16. > :41:19.well beyond the four items listed in the Prime Minister's letter and the
:41:20. > :41:26.four cases in President Donald Tusk's reply. If for some voters it
:41:27. > :41:30.is all about those four points, that is a fair judgment that they want to
:41:31. > :41:34.make. What I am saying is that for most people on this side of the
:41:35. > :41:40.House, there is a broader case for membership.
:41:41. > :41:47.When it comes to voters casting their vote on whether we should
:41:48. > :41:53.remain in the European Union or leave, it will not in the end be the
:41:54. > :41:58.final points of the renegotiation that is in their minds. It will be
:41:59. > :42:07.the broader case, either bought in or out, that people will vote on.
:42:08. > :42:13.Amendment five deals with the report that we would like to see on these
:42:14. > :42:19.issues. Amendment sex on the broader issue of what being an would look
:42:20. > :42:25.like and what the outcome would look like -- Amendment 6-mac. If the
:42:26. > :42:28.country votes to leave there would then be process of extracting
:42:29. > :42:34.ourselves from the European union and not one can say with certainty
:42:35. > :42:39.what the outcome would be like. However, we do have examples of
:42:40. > :42:46.countries that trade with the single market that are not members of the
:42:47. > :42:51.European union, Norway, Switzerland, for example. I don't
:42:52. > :42:55.want to get into details on this today but they are out there and we
:42:56. > :43:02.can see what their obligations are, even though they are not members of
:43:03. > :43:05.the European union and do not have representation on the European
:43:06. > :43:10.Council representation in the European Parliament. It seems to me
:43:11. > :43:16.the opposition is falling into the trap yet again of thinking you can
:43:17. > :43:20.only trade with the EU if you have a special arrangement with them like
:43:21. > :43:24.Norway or Switzerland. All the world's countries trade with the EU
:43:25. > :43:30.and the badly drafted Lords Amendment invites comment on many of
:43:31. > :43:36.countries who have no special deal at all. I don't see the example of
:43:37. > :43:41.Norway is the only one out there, but it is a real live example which
:43:42. > :43:47.I think is relevant to this debate and certainly some in the campaign
:43:48. > :43:52.to leave have drawn attention to it as a model as others have drawn
:43:53. > :43:56.attention to the model of Switzerland. It would be good to
:43:57. > :44:02.understand from the League campaign what model they seek to support.
:44:03. > :44:06.What I think is right is in advance of the referendum the Government
:44:07. > :44:13.publishes as much information as possible so photos are clear about
:44:14. > :44:24.what is involved. -- voters are clear about what is involved. The
:44:25. > :44:30.honourable gentleman amendment did call on the Government's hallmark on
:44:31. > :44:34.this. They have said they do not want to do this and there is an
:44:35. > :44:39.appetite for more detailed information. But they say, we would
:44:40. > :44:48.not have the details to do so or the required expertise to judge a report
:44:49. > :44:54.to Parliament. I want to give him another chance to pluck his
:44:55. > :44:59.pamphlet. Because an ex he makes the point of the various options
:45:00. > :45:02.available to this country and in the context of the Government providing
:45:03. > :45:07.information this is quite a difficult ask of any Government
:45:08. > :45:11.because it is inevitably hypothesis. Nobody can know what the divorce
:45:12. > :45:17.settlement would be an certainly the Government wouldn't know. An
:45:18. > :45:21.essence, what these amendments are asking the Government to do is stick
:45:22. > :45:27.a finger in the air and see which way the wind is blowing. It is
:45:28. > :45:30.hardly call that information. I respect the honourable member views
:45:31. > :45:34.on this matter but I disagree with him because the amendments are not
:45:35. > :45:40.asking the Government to stick a finger in the air and speculate as
:45:41. > :45:46.to what the arrangements for the UK exactly would be, having withdrawn.
:45:47. > :45:52.What they are, and I can read the relevant section of amendment six.
:45:53. > :45:57.It says, examples of countries that do not members of the European Union
:45:58. > :46:00.but do have other arrangements with the European union. That is not
:46:01. > :46:05.speculation, those examples are up there and we can study their
:46:06. > :46:10.obligations subject to these arrangements and they had been there
:46:11. > :46:14.for some time and negotiated specific deals with the European
:46:15. > :46:21.Union. It is not speculation and it is out there for us all to see. In
:46:22. > :46:29.conclusion, Mr Speaker, I am pleased the Government has, in effect,
:46:30. > :46:34.accepted requests we made during the committee and the report stage in
:46:35. > :46:40.this house of the Bell in accepting these broad amendments. It is
:46:41. > :46:45.important voters are clear on the renegotiation, clear about what the
:46:46. > :46:50.results of that renegotiation will be, clear about what being in the
:46:51. > :46:56.European union is like and requires and also as clear as possible about
:46:57. > :47:04.what being arts might look like. A referendum is a choice of two
:47:05. > :47:08.futures. , it is not an opinion poll on one future. That is like these
:47:09. > :47:13.amendments are important and it is right we have these kind of report
:47:14. > :47:20.and have maximum information made available to the public on a crucial
:47:21. > :47:28.choice for the country. I put my name to my honourable friend
:47:29. > :47:32.amendment because I think the two Lords's amendments, five and six,
:47:33. > :47:37.the debate because they are ill considered and unwise. If we take
:47:38. > :47:42.Amendment five, that is easy to deal with. I have no problem with it
:47:43. > :47:46.because it is stating the obvious. It says when negotiations are
:47:47. > :47:51.completed the British Government needs to share those views with
:47:52. > :47:57.Parliament and the people. Well, of course they well, that will happen
:47:58. > :48:03.naturally. I think it's just an unnecessary addition to what was the
:48:04. > :48:10.simple bill before the Lords got hold of it. The Lords amendment
:48:11. > :48:16.number six is far more worrying as it is so poorly drafted and leads to
:48:17. > :48:20.all sorts of arguments that are arguments for a referendum campaign
:48:21. > :48:25.rather than due to legislation to set up the referendum. The first
:48:26. > :48:30.part of this Lords amendment number six says the Government must set up
:48:31. > :48:34.the rights and obligations that arise under European law from our
:48:35. > :48:39.current membership. As has already been remarked, it would be a very
:48:40. > :48:47.long book to do that properly as we now have so many legal restrictions
:48:48. > :48:51.and obligations as a result of the treaty and thousands of directors.
:48:52. > :48:55.To fully fulfil that we met the Government would have to sit out all
:48:56. > :49:00.British people how there are now British people how there are now
:49:01. > :49:04.very large areas of law and public practice at the MS House are not
:49:05. > :49:11.free to determine as we see fit and as the people wish. That may be
:49:12. > :49:14.useful thing to do but I fear the Government may fall short and not
:49:15. > :49:20.wish to give a comprehensive list of other obligations. It is not good
:49:21. > :49:25.law to invite people to do things they don't really intend to do. I
:49:26. > :49:29.look forward to the Minister's clarification on if he will be
:49:30. > :49:34.publishing a full list on the thousands of legal restraints on
:49:35. > :49:38.this Parliament that restrict us doing the will of the British
:49:39. > :49:44.people, and also on the British people as they have two of the these
:49:45. > :49:51.laws. All of these laws, and our own laws, can be construed by European
:49:52. > :49:57.justice to the European Court Of Justice, which is now the true
:49:58. > :50:00.sovereign in this country, because we have submitted ourselves to the
:50:01. > :50:10.ultimate judgment of the European Court. Wiki also agree that the
:50:11. > :50:14.importance which I attach to the idea and the electoral commission
:50:15. > :50:19.have also attached to the idea but either or both of these reports, in
:50:20. > :50:25.fact both of them, should be produced on the basis of both
:50:26. > :50:28.impartiality and accuracy. We remember the review of competencies
:50:29. > :50:34.which was a whitewash and if it is anything like that we would be
:50:35. > :50:39.misleading the public, but we are not. That is why I share my
:50:40. > :50:44.honourable friend concerns about this amendment and I am worried the
:50:45. > :50:48.Government might fall short of the Phil remit. Will the Government
:50:49. > :50:57.spelt out to people we cannot control our own borders, energy,
:50:58. > :51:01.market regulation, corporation tax, all these things have gone to the
:51:02. > :51:05.superior power of the European union and this should be the very
:51:06. > :51:09.substance of the debate in the referendum on if we wish to restore
:51:10. > :51:13.the full sovereignty of Parliament for a British people or if we wish
:51:14. > :51:16.to continue on if we wish to restore the full sovereignty of Parliament
:51:17. > :51:20.for a British people or if we wish to continue which would mean even
:51:21. > :51:27.more powers are taken away. The second part of the Lords amendment
:51:28. > :51:32.six goes on to say the Government has set up examples of countries
:51:33. > :51:38.that do not have membership of the EU but do have other arrangements
:51:39. > :51:43.with them. Describing in the case of each country given, as an example,
:51:44. > :51:48.those arrangements. I have never heard anything so woolly for a long
:51:49. > :51:52.time. All countries not in the European union have some kind of
:51:53. > :51:55.arrangement with them, it does not even say a long time. All countries
:51:56. > :52:07.not in the European union have some kind of arrangement with them, it
:52:08. > :52:09.does not even say it straight able to trade with the rest of the
:52:10. > :52:12.European union everybody submitted ourselves to some of the powers that
:52:13. > :52:15.didn't suit the Mac through an arrangement similar to Norway and
:52:16. > :52:19.Switzerland. America is a mighty trading partner of the EU which does
:52:20. > :52:23.not have one of these arrangements and certainly does not pay a
:52:24. > :52:29.contribution to the European union in order to sell and goods. Not as
:52:30. > :52:34.India, China, Canada, Australia. Some individual countries have free
:52:35. > :52:39.trade agreements with the EU which is arguably better than our
:52:40. > :52:42.agreement, because they don't have to pay anything like the large
:52:43. > :52:48.contributions and levies that we have to pay when trading within the
:52:49. > :52:54.internal market. My friend makes a very powerful point. In which case
:52:55. > :52:57.the debate will be about what arrangements to find out and this
:52:58. > :53:01.report and could potentially be open to challenge based on what might
:53:02. > :53:05.right honourable friend is saying. That is why I am worried for the
:53:06. > :53:12.Government because I do not wish to see them get into legal trouble over
:53:13. > :53:17.sloppy drafting. Those of us who have decided we wish to leave the
:53:18. > :53:21.European Union have been invited to predict what the Leave campaign was
:53:22. > :53:27.eight when it is up and running efficiently. We will not be wanting
:53:28. > :53:32.to recommend either the Norwegian Swiss model. The UK is a far bigger
:53:33. > :53:36.country with a different set of relationships around the world and
:53:37. > :53:41.will have seen your relationships with the world's main bodies, so
:53:42. > :53:45.there will be a British solution to our relationship with the EU which
:53:46. > :53:51.would not include paying any contribution to that union in the
:53:52. > :53:58.way we currently have two. He has given a lot of examples of
:53:59. > :54:02.countries. Could he perhaps give an indication of countries he would
:54:03. > :54:06.like to move toward being like and that may help the Government to
:54:07. > :54:11.decide which countries we should be compared to when it goes to publish
:54:12. > :54:15.its report. Who does he think we should be like? I have already done
:54:16. > :54:20.that and if the honourable gentleman studies the text he will see I have
:54:21. > :54:25.answered exactly that point with great clarity. There will be a
:54:26. > :54:28.British answer but it will be closer to the answer of those countries
:54:29. > :54:34.that trade very successfully with the EU without needing to pay money
:54:35. > :54:38.into the EU by way of special contributions and without having to
:54:39. > :54:42.accept great legal positions on them. Anybody trading with the EU
:54:43. > :54:48.has to meet their standards for the goods and services they wish to
:54:49. > :54:51.buy, just as when we trade with United states of America we have to
:54:52. > :54:57.accept their standards for the dudes we wish to sell to them. It does not
:54:58. > :55:02.mean you have to enter into a common Government arrangements paid special
:55:03. > :55:06.taxes. Most of the world trade is peppered with successfully with the
:55:07. > :55:13.EU countries without having to do any such thing. I hope the Minister
:55:14. > :55:19.will understand that those of us on the Leave side will read the words
:55:20. > :55:24.the Lords have actually written, rather than the words the opposition
:55:25. > :55:30.would like interpreting and it would be very foolish to set out the
:55:31. > :55:35.Norwegian example, because it is not an example anyone might not wish is
:55:36. > :55:38.to copy, and not to example the examples of larger and Commonwealth
:55:39. > :55:42.countries that have trading arrangements. It would be wrong for
:55:43. > :55:46.the Government to confine itself in answering this question to the issue
:55:47. > :55:51.of trade, because trade is nowhere mentioned in the draft law before
:55:52. > :55:56.us. We do need to look at the political arrangements we have with
:55:57. > :56:01.EU countries and through needle and so forth. Things like pipeline
:56:02. > :56:11.agreements, aviation agreements and all those other things. My final
:56:12. > :56:18.worry with this clause is it a cemetery. And the opposition has
:56:19. > :56:24.shown us how they wish it to be asymmetric. They wish the Leeds side
:56:25. > :56:28.to hypothesise about what our relationship with the EU will look
:56:29. > :56:34.like in two or three years' time whereas they don't think it is
:56:35. > :56:38.incumbent on the inside to similarly hypothesise. I would not mind
:56:39. > :56:43.betting there would be more change if we stay in because if we do vote
:56:44. > :56:48.to stay in they would take it as an excuse to demand the UK conforms to
:56:49. > :56:52.more parts of the union than we are currently prepared to do so and we
:56:53. > :56:59.know from the President's report published this summer but as soon as
:57:00. > :57:04.our referendum is out of the way they wish to press on with their
:57:05. > :57:10.move to capital markets union, a full banking union and to political
:57:11. > :57:15.union. We on the Leave side will ask both on the opposition who want to
:57:16. > :57:19.stay in to describe to us how Britain would relate to the
:57:20. > :57:26.political union and to the very much stronger union generally which the
:57:27. > :57:30.euro members envisage. Be in no doubt, the euro members wish to use
:57:31. > :57:35.the institutions of the European union as a whole body on purposes
:57:36. > :57:38.and it would be difficult for Britain to be alongside but only
:57:39. > :57:43.half in in the EU but not in the euro. I would like to see a
:57:44. > :57:51.symmetrical request and it would be important to spell out what staying
:57:52. > :57:57.in looks like, as I believe staying in is away to more political union.
:57:58. > :58:00.That may not be to the Minister's liking, but I can assure him it will
:58:01. > :58:16.be a very important Thank you. I welcome the fact that
:58:17. > :58:20.the honourable member has replied to at least one of his amendments. It
:58:21. > :58:26.seems to me that there is a need and will be a need for information about
:58:27. > :58:31.the likely consequences of an in vote and the likely consequences of
:58:32. > :58:34.an out vote. I don't think that should be left entirely to
:58:35. > :58:38.individual campaigns because we already have arguments about who
:58:39. > :58:42.runs campaigns and how they will be funded. By definition, they will
:58:43. > :58:50.tell at best one half of the story. I think it is in order that the UK
:58:51. > :58:56.Government publishes appropriate information outfit that the
:58:57. > :58:59.background to the referendum. It was indicated one month ago that EU
:59:00. > :59:04.members are the worst at defining what the EU actually means. That is
:59:05. > :59:09.something we can't allow to continue. We can't allow the
:59:10. > :59:12.referendum to come upon us with a significant number of our citizens
:59:13. > :59:18.not really understanding what the vote means. Not because they can't
:59:19. > :59:22.predict what the vote mean -- what the future might be if we leave or
:59:23. > :59:26.stay in, but because they don't say what the present is. Too many people
:59:27. > :59:32.don't understand what the EE does for good or for bad. That is
:59:33. > :59:37.something that if we simply leave it, people were and are confused. --
:59:38. > :59:43.what the EU does. Incidentally, one reason why this might be one of the
:59:44. > :59:52.times to extend the franchise. 16-year-old and 17-year-olds'
:59:53. > :59:58.understanding may not be at the same stage as adults. But that it has
:59:59. > :00:01.been and gone. I find it surprising and ironic that we see so many
:00:02. > :00:08.contributions from the conservative side of the House, as we did -- who
:00:09. > :00:12.are very concerned about the idea that a government during a
:00:13. > :00:16.referendum campaign might publish information that was a little
:00:17. > :00:22.one-sided. Based members in here have not received for a number of
:00:23. > :00:30.us. Others received shortly before the referendum last year which was a
:00:31. > :00:35.glossy leaflet published by Her Majesty 's government. The UK
:00:36. > :00:45.Government is in advertising and for a post-individual all. -- as long as
:00:46. > :00:49.that kind of stuff goes on, we don't need to take any lessons from
:00:50. > :00:56.anybody on any side of the House about the dangers of letting the
:00:57. > :01:02.Government get involved --... 20 forgiving way. The committee I
:01:03. > :01:04.chaired previously conducted an enquiry into civil service
:01:05. > :01:09.impartiality and referendums in respect of the Scottish referendum.
:01:10. > :01:13.It is one thing if there is a government in Edinburgh on one side
:01:14. > :01:18.of the argument and a government in London on the other side each
:01:19. > :01:22.publishing arguments for and against a particular proposition. But where
:01:23. > :01:28.is the balance going to be in this referendum? Given that there is only
:01:29. > :01:31.one United Kingdom government. It is perfectly in order for the UK
:01:32. > :01:36.Government to take an impartial stance once we get closer to the
:01:37. > :01:43.referendum. We don't know what stands there going to be taking
:01:44. > :01:45.yet. There is a question as to whether it was appropriate for
:01:46. > :01:49.somebody else's government to interfere in a referendum that I
:01:50. > :01:53.know that's not an argument we will win just now. I can say that that
:01:54. > :01:57.kind of interference probably contributed to the fact that on most
:01:58. > :02:01.days, these benches are significantly more crowded. The
:02:02. > :02:05.point I am making is that if the Government doesn't produce
:02:06. > :02:11.information as opposed to campaigning opinion about how the
:02:12. > :02:16.European Union works now, and we think will produce it? If are happy
:02:17. > :02:20.for two opposing camps to produce the information, go ahead and do
:02:21. > :02:30.that. We know before we start but all that will happen is that people
:02:31. > :02:35.will be inspired by politicians or TV personalities associated with
:02:36. > :02:38.them, rather than being presented with a factually researched document
:02:39. > :02:46.which set things out. I will give way.
:02:47. > :02:50.Could I simply say that actually, we know that broadcasts and the
:02:51. > :02:53.information which will be delivered and published by the designated
:02:54. > :02:59.organisations on either side will provide that information. We have
:03:00. > :03:03.many other examples in other referendums in the European Union.
:03:04. > :03:09.Actually, the idea that the Government itself is not going to
:03:10. > :03:13.try to organise the view is that it does want, which is to stay in the
:03:14. > :03:20.so-called reformed union, is I think for the birds.
:03:21. > :03:25.Thank you for your intervention. Firstly, I wish I could show you
:03:26. > :03:28.absolute faith in the impartiality of broadcasters but that might be
:03:29. > :03:37.one of the small number of issues on which I disagree with the member. I
:03:38. > :03:40.do need to make some progress. The point about broadcasters is that if
:03:41. > :03:45.broadcasters are found to be in breach of the requirement for
:03:46. > :03:49.impartiality, there is a sanction available and ways they can be held
:03:50. > :03:53.to account. Certainly the BBC feel as if they are being very held to
:03:54. > :04:01.account by any number of committees in this place just now.
:04:02. > :04:04.I wasn't referring to the impartiality broadcasters in this
:04:05. > :04:08.context, I was referring to the fact that under the designated
:04:09. > :04:12.arrangements, each side will have the right to issue broadcasts and to
:04:13. > :04:16.provide information by way of literature. That's what I was
:04:17. > :04:24.concentrating on. I misunderstood the comments. My
:04:25. > :04:32.essential point is that I don't think it's enough to leave it to
:04:33. > :04:40.campaign groups to persuade. The point is to persuade them for the
:04:41. > :04:44.points they are making. They will choose not to provide information
:04:45. > :04:48.that doesn't support the point. That is what we all did in order to get
:04:49. > :04:51.elected. As long as it doesn't involve deliberately trying to
:04:52. > :04:57.mislead people, that is part of the democratic process. It's part of
:04:58. > :05:01.politics. It is up to the electorate to judge whose arguments they will
:05:02. > :05:05.believe. But if they are starting from a position of significant
:05:06. > :05:10.entrance, misconception or misunderstanding of what the
:05:11. > :05:18.European Union is about,... I will give Roy... 20 forgiving way.
:05:19. > :05:23.He has been very -- thank you for giving way. There is another issue
:05:24. > :05:27.when we talk about broadcasting. That is how it is funded. Whether
:05:28. > :05:32.there will be a balance of funding or not. That has been a big issue in
:05:33. > :05:38.the past with referendums. I'm talking about the one in 1975.
:05:39. > :05:41.My own personal views about how political campaigns and parties are
:05:42. > :05:48.funded probably would not get a huge amount of support in here. The
:05:49. > :05:52.honourable member does make a valid point. It is important that nobody
:05:53. > :05:56.has got the opportunity to buy a referendum any more than anybody
:05:57. > :06:02.should be given the right to buy electoral success. I would not want
:06:03. > :06:06.to see us going the way of America, needing buildings behind you before
:06:07. > :06:10.you can even stand for election. That doesn't address the fundamental
:06:11. > :06:15.problem that however well funded or badly individual campaigns are, if
:06:16. > :06:17.you're starting off in a position where we have the least
:06:18. > :06:22.well-informed electorate in the whole of Europe about such an issue,
:06:23. > :06:27.the Modi has two provide that information in order to bring people
:06:28. > :06:31.up to a bit of understanding. -- somebody has to provide. It's
:06:32. > :06:35.doesn't mean what it keeps getting presented as even from the Prime
:06:36. > :06:41.Minister. People need to understand what aspects of immigration to the
:06:42. > :06:49.European Union is involved in and what they are not. The same for
:06:50. > :06:55.refugees and the United Nations. These are massively important issues
:06:56. > :06:58.and a lots of this debate in this chamber over the last few months has
:06:59. > :07:02.not always helped to increase public understanding and appreciation of
:07:03. > :07:07.what it is the European Union does and doesn't do. If there are
:07:08. > :07:10.concerns that the Government may not be impartial or maybe overly
:07:11. > :07:14.enthusiastic on one side or the other, I am quite happy for the
:07:15. > :07:17.electoral commission to publish guidance and require the Government
:07:18. > :07:22.and everyone else to comply with that guidance. I don't think it is
:07:23. > :07:27.appropriate to ask the electoral commission to scrutinise the veto or
:07:28. > :07:32.censor documents. That would not be appropriate. It would be appropriate
:07:33. > :07:37.for the electoral commission to issue guidance on the conduct,
:07:38. > :07:42.including the con of information and should be funded and published by
:07:43. > :07:44.the Government. I find myself in the strings position of telling
:07:45. > :07:50.government backbenchers that they are wrong because the amendment
:07:51. > :07:53.seems to be allowing us to test Her Majesty's government. I'm not the
:07:54. > :07:58.biggest fan of the Government in this house. I'm not the biggest
:07:59. > :08:02.believer that we can trust them. But in this case, quite frankly, if the
:08:03. > :08:07.Government can't be trusted to present a fair case to the public
:08:08. > :08:11.than we are in trouble because the media certainly won't do it. The
:08:12. > :08:15.print media will not do it. Political campaigns won't do it
:08:16. > :08:21.because it is not their job to be impartial, it is their job to be
:08:22. > :08:27.partial. To be partisan as to the issues that we are campaigning
:08:28. > :08:35.about. I would welcome the fact that the honourable member is redrawing
:08:36. > :08:42.-- withdrawing his Amendment. In this case, I think there is a need
:08:43. > :08:46.for reliable information to be put into public domain. Let's not forget
:08:47. > :08:50.a few hours from here we have one of the most highly regarded research
:08:51. > :08:54.facilities anywhere in the world. Regarded not only for the quality of
:08:55. > :08:58.the research, but the speed in which it is done and the impartiality. If
:08:59. > :09:02.we can't rely on research facilities within this house to provide
:09:03. > :09:09.reliable, documented information, who do we rely on?
:09:10. > :09:18.The fact remains, in response to the honourable gentleman, whether he
:09:19. > :09:22.thinks it's just an irony or an accident or something more sinister,
:09:23. > :09:26.it is people who are in favour of Britain remaining in the European
:09:27. > :09:31.Union that tends to be championing Lords Amendment number six. And
:09:32. > :09:34.those who are supporting the leave campaign regarded as a Trojan horse
:09:35. > :09:40.for a lot of subjective judgments to be made which are in favour of one
:09:41. > :09:44.side and not the other. Mr Speaker, I referred a few moments ago to the
:09:45. > :09:56.report produced from the public administration committee at the end
:09:57. > :10:01.of the last Parliament. The reason we produce that report was to look
:10:02. > :10:06.at this question of impartiality, because there is a rather modern and
:10:07. > :10:10.corrosive view that impartiality means that as a civil servant, you
:10:11. > :10:13.are prepared to work for which of the party happens to be in office
:10:14. > :10:19.and therefore you are impartial. In the conduct of your work for which
:10:20. > :10:24.other party is in office, you can be as partial and loaded in your
:10:25. > :10:27.conduct under the Armstrong the doctrine that you have to be there
:10:28. > :10:32.to support the Government of the day. Actually, I think most people
:10:33. > :10:40.in this country regard the word impartiality as a quality that is
:10:41. > :10:46.rather more imprecise. It has a higher moral tone to add. That
:10:47. > :10:53.impartiality has something to do with objectivity, and partiality has
:10:54. > :11:00.been to do with balance and not being compromised as a mere
:11:01. > :11:10.cheerleader of one point of view or another. In addressing the
:11:11. > :11:20.amendments that my name is on, put down by my honourable friend, in
:11:21. > :11:32.respect of Lords Amendment five and six, I would say this. That I do not
:11:33. > :11:37.regard the proposed duty to publish information on the outcome of
:11:38. > :11:41.negotiations to be at all unreasonable. And in fact it would
:11:42. > :11:45.be rather odd if the Government were not to make such a publication. The
:11:46. > :11:51.advantage of having this obligation on the face of the bill, first of
:11:52. > :11:57.all means the Government has to publish it ten weeks before the
:11:58. > :12:02.referendum date. That means it will be properly scrutinised, not bounced
:12:03. > :12:07.on the electorate at the last minute. And it is perfectly
:12:08. > :12:09.reasonable in response to my honourable friend for Ashford is
:12:10. > :12:13.that the Government should express its own opinion in this document
:12:14. > :12:22.about its own negotiations, as it would in any white paper.
:12:23. > :12:34.The second duty to publish information. Bear in mind the White
:12:35. > :12:40.Paper only went through rice exports the less house actually contained a
:12:41. > :12:44.very specific precise promise of a veto on our national interest would
:12:45. > :12:49.never be abandoned and if that were it would endanger the very fabric of
:12:50. > :12:53.the European Community itself. That is some example of how unreliable
:12:54. > :13:00.white papers and Government reports may be. Indeed, but it would be
:13:01. > :13:06.interesting, it is unavoidable the Government will produce information
:13:07. > :13:11.of that kind. The second duty is not something I expected to appear on
:13:12. > :13:20.the face of the bill. It is asking the Government to produce judgments
:13:21. > :13:24.and opinions about such a vast topic using examples which, by their very
:13:25. > :13:28.nature will be subjective, as we have already heard. I am not at all
:13:29. > :13:36.surprised that the electoral commission has decided this is far
:13:37. > :13:41.beyond its competence, to make a judgment about what such a document
:13:42. > :13:49.might be. If the Government, which has accepted this amendment, is now
:13:50. > :13:53.going to justify retaining it, as I expect, I really think they must ask
:13:54. > :14:00.some questions about it. The first of these is what does the Government
:14:01. > :14:06.mean in this amendment by publish? It would be one thing to place in
:14:07. > :14:15.the library House of Commons a paper which is Leonard and technical and
:14:16. > :14:19.details and going to present in-depth analysis and information
:14:20. > :14:24.that the honourable member for Glenrothes thinks would be
:14:25. > :14:30.justified. Does it mean the Government is going to produce such
:14:31. > :14:34.a subjective set of information in a form which is going to be circulated
:14:35. > :14:40.to every household? How would we feel about that ten weeks before a
:14:41. > :14:45.referendum? I think it is a reasonable for the Government to
:14:46. > :14:49.explain the outcome of the negotiations, but not reasonable for
:14:50. > :14:55.them then to use public money to present its whole world view about
:14:56. > :15:04.European Union membership has what will be part of a campaign to remain
:15:05. > :15:10.in the EU. I give way. Does my honourable friend frilly set in his
:15:11. > :15:15.mind by what it means a Government response? Is a collective
:15:16. > :15:19.responsibility or if there are dissenting members of the Government
:15:20. > :15:25.what happened in that situation? It is a good question but in the event
:15:26. > :15:35.there is permission to, as we all expect, there will be before long
:15:36. > :15:39.and agreement amongst ministers that some will not be towing the
:15:40. > :15:44.Government line on this question. The reason you have a referendum is
:15:45. > :15:47.because its lights parties and you can't have a general election about
:15:48. > :15:53.something that's both parties across the house. You can decide on an
:15:54. > :15:57.issue and it would be absurd to have a referendum and try and force
:15:58. > :16:01.ministers to one point of view. The president in 1975 was exactly that
:16:02. > :16:10.and collective responsibility was abandoned. Yet that does not mean
:16:11. > :16:17.there is not a Government view. Assuming that aren't such a vast
:16:18. > :16:22.number of ministers, the majority, leaving the Government view to
:16:23. > :16:34.isolated to be credible. I certainly give way. Would he not agree with me
:16:35. > :16:40.at the country at large still has, whether we think they are right to
:16:41. > :16:44.or not, still has thrust in the Government, in inverted commas, and
:16:45. > :16:48.therefore our electorate would find it very strange that during a
:16:49. > :16:52.referendum campaign if people could not point to what the Government
:16:53. > :16:57.view was because the Government of the day would continue after the
:16:58. > :17:01.referendum. People will want to not what the Government, collective or
:17:02. > :17:07.otherwise, think about the issue. I have already said that the first
:17:08. > :17:12.publication is preferably justified, in my view. The Government is
:17:13. > :17:16.entitled to explain what it has negotiations and give its opinion on
:17:17. > :17:20.what is negotiation, but if you would like to explain how the
:17:21. > :17:23.Government is called to give information about rights and
:17:24. > :17:27.obligations that arise under European law as a result of our
:17:28. > :17:34.membership of the EU in a concise and simple fashion that is not
:17:35. > :17:39.loaded, perhaps you could tell us, which countries should be used as
:17:40. > :17:42.examples of countries that do not have European union membership to
:17:43. > :17:46.explain the consequences of leaving? It is a very subjective
:17:47. > :17:53.judgment. That is what the debate will be about and he is absolutely
:17:54. > :17:57.right. Yes, people do trust what the Government says, which is exactly
:17:58. > :18:02.why what the Government says should be curtailed and limited, because it
:18:03. > :18:07.has a disproportionate effect on voters. That is no doubt about that.
:18:08. > :18:11.If the leader of the party says something that is less than if the
:18:12. > :18:16.Prime Minister is seeing something and that is why we have the purdah
:18:17. > :18:20.period and the house and forced the Government to accept there will be a
:18:21. > :18:25.proper purdah beaded because if we had what we had in 1975 with the
:18:26. > :18:29.Government carries on regardless being the Government and expressing
:18:30. > :18:35.partisan views on one side of the argument, that create an unfair
:18:36. > :18:39.referendum. That is why all systems of referendum throughout the world
:18:40. > :18:43.have systems to try and contain what Government do during the last phases
:18:44. > :18:48.of a referendum to try and create fairness. I wonder if we have seen
:18:49. > :18:53.the poster I have seen produced by the pro-EU group which call what the
:18:54. > :18:59.governor of the bank of England under the headline, think the UK
:19:00. > :19:03.economy is stronger in Europe. They also co-opted the president of the
:19:04. > :19:09.United States and the President of India. Does he share my concern it
:19:10. > :19:13.appears the campaign is willing to court public officials who ought not
:19:14. > :19:19.to be dragged on to one side of such a campaign? Be mindful if that is
:19:20. > :19:25.taking us beyond the scope of this discussion. It does remind me of one
:19:26. > :19:30.thing, that one of the controversial elements of the Scottish referendum
:19:31. > :19:35.and the Government conduct within that, for which I have some
:19:36. > :19:39.sympathy, was the use of the permanent Secretary to give a speech
:19:40. > :19:43.on behalf of the Government view purporting to be the publication of
:19:44. > :19:52.advice to ministers, which should never be published, in my view, and
:19:53. > :19:58.any orthodox analysis, the opinions of civil servants in the form of
:19:59. > :20:09.advice to ministers should never be published. This was used as part of
:20:10. > :20:13.the propaganda and many on the honourable gentleman for Glenrothes
:20:14. > :20:16.benches would regard this as a gross misuse of the civil service during a
:20:17. > :20:21.referendum period and we should try and avoid this. I believe these two
:20:22. > :20:27.questions for my right honourable friend as he responds to this debate
:20:28. > :20:32.on these two new Lords amendments. What is published actually mean?
:20:33. > :20:35.What does the Government actually intend to do in the way of
:20:36. > :20:41.publication of these reports? Our update to be just white papers or
:20:42. > :20:46.are they to be propaganda, circulated by the Government, much
:20:47. > :20:56.more widely? And how is he going to ensure that this is done in the
:20:57. > :21:02.highest spirit of impartiality, not as, to use the word in the way most
:21:03. > :21:06.people would expect the word to be used, how is he going to ensure
:21:07. > :21:14.these publications are genuinely objective and not just a means of
:21:15. > :21:22.advancing one side of the argument against the other? Briefly, Mr
:21:23. > :21:27.Speaker, I want to turn to the other amendments in the name of my
:21:28. > :21:38.honourable friend, the member for Stoke,. I certainly give way. Does
:21:39. > :21:43.he not then accept the governor of the Bank of England, for example,
:21:44. > :21:47.giving advice on monetary policy committee on interest rate is in a
:21:48. > :21:51.very definite position from other public officials because his advice
:21:52. > :21:56.is often very public and it is perfectly clear if he has advised on
:21:57. > :22:01.this it should be a matter of public interest? I think the governor of
:22:02. > :22:06.the bank of England is any different case, he is not a civil servant and
:22:07. > :22:11.bound by the civil service codes and he is not giving advice to ministers
:22:12. > :22:16.as a private civil servants. He gives his advice very publicly.
:22:17. > :22:20.While I was prompted by the example, I think it is reasonable for the
:22:21. > :22:27.Governor of the Bank of England, judiciously, soberly, carefully, to
:22:28. > :22:30.prop up his advice. His advice on the currency question in the
:22:31. > :22:34.Scottish referendum was very germane. I don't think it was
:22:35. > :22:38.necessary for the permanent Secretary of the Treasury to give a
:22:39. > :22:43.similar advice. On the question of the speech the present governor made
:22:44. > :22:48.in respect of the European Union, what was remarkable about that
:22:49. > :22:52.speech was how little he was prepared to say that supported the
:22:53. > :22:57.Government's view. He did not put himself out on a limb, it was an
:22:58. > :23:03.incredibly damp squib of a speech as far as the Remain campaign was
:23:04. > :23:07.concerned. He was very careful about what he said, and that may be
:23:08. > :23:13.because he sees business is divided on if we should remain in, the
:23:14. > :23:16.country is divided also and the arguments are much more finely
:23:17. > :23:23.divided than on the currency question in the Scottish referendum.
:23:24. > :23:36.I now wish to turn to the Lords amendment number 13. This refers to
:23:37. > :23:45.another rather startling change that was made in the other place, which
:23:46. > :23:49.is about the designation of organisations to campaign for or
:23:50. > :23:55.against the particular proposition. I should declare an interest in
:23:56. > :24:04.this, but I am company vote to leave, which will be applying for
:24:05. > :24:08.designation. This added a clause that suggests it is perfectly OK for
:24:09. > :24:16.the electoral commission to designate one campaign, support one
:24:17. > :24:19.proposition, but not another campaign to support the opposite
:24:20. > :24:24.proposition. The reason this has been put into the bill is
:24:25. > :24:29.understandable. In the 2011 referendum in Wales, there was no
:24:30. > :24:36.application for indoor campaign and therefore it was impossible for the
:24:37. > :24:40.electoral commission to designate a campaign in favour of yes, even
:24:41. > :24:47.though there was a very respectable Yes campaign. It was suspected there
:24:48. > :24:54.was an element of sabotage by the And no campaign because they wanted
:24:55. > :24:59.to prevent the Yes campaign from getting this because the campaign
:25:00. > :25:04.was going to be very weak whether it was designated or not. The result of
:25:05. > :25:07.this amendment, which was included in the Scottish legislation passed
:25:08. > :25:13.by the Scottish Parliament in order to prevent the same thing it does
:25:14. > :25:20.offer the possibility that the commission, and I quote, May,
:25:21. > :25:30.unquote, made designate one campaign and not the other. Any restraining
:25:31. > :25:33.factors. I do not think we should question the electoral commission
:25:34. > :25:41.they would ever do such a thing, but this is what this amendment actually
:25:42. > :25:47.contemplates. There would of course be fought and this campaign fought
:25:48. > :25:51.for their only to be one designated campaign. It would be intolerable if
:25:52. > :25:53.parliament let this go on to be one designated campaign. It would be
:25:54. > :25:59.intolerable if Parliament let this go onto it would invalidate the
:26:00. > :26:02.result and destroy the purpose of having a referendum and mean the
:26:03. > :26:09.issue was not settled in a fair manner at all. We have framed an
:26:10. > :26:15.amendment to this new clause, which I hope will at least draw the
:26:16. > :26:22.minister out to explain how this might actually work. I give way.
:26:23. > :26:29.I'm enjoying listening to the observations. Would you agree that
:26:30. > :26:40.if such a bizarre decision was to be taken to, they would be open to
:26:41. > :26:44.judicial review on this point? That is what I am waiting to hear
:26:45. > :26:52.what the minister says. The proposed amendment, it changes the proposed
:26:53. > :26:56.wording and reads that they should only be allowed to do this if no
:26:57. > :27:04.permitted participant makes an application to be designated under
:27:05. > :27:08.section 109, except for a permitted participant whose application states
:27:09. > :27:14.that it is vexatious or frivolous. That would mean that if there
:27:15. > :27:18.was... Provided there were legitimate applications, the
:27:19. > :27:23.obligation would be clear on the face of the bill but they have to
:27:24. > :27:28.designate two campaigns. That is not clear in the bill at the moment. If
:27:29. > :27:36.one such campaign was frivolous or vexatious... Just there to try and
:27:37. > :27:40.spoil in some respects, than the electoral commission would have to
:27:41. > :27:44.justify that. What I hope the Minister would tell us is that he
:27:45. > :27:48.can accept this amendment. If he can't accept this amendment, I hope
:27:49. > :27:56.you will make clear that the substance of the amendment should be
:27:57. > :28:01.understood in any case that it would be unconscionable to have only one
:28:02. > :28:10.campaign designated in this referendum unless an application is
:28:11. > :28:15.made in such a way as to be vexatious or frivolous, or could be
:28:16. > :28:19.construed as those, then such an application would have to be
:28:20. > :28:24.considered because, have no doubt, there will be an application as I
:28:25. > :28:27.mentioned earlier. There will be an application in respect of both
:28:28. > :28:32.sides. I give way. I endorse what my honourable friend
:28:33. > :28:37.has just said. And also, just to repeat for the sake of clarity, but
:28:38. > :28:42.actually these amendments have come to us on the ping-pong between
:28:43. > :28:44.Commons and Lords. That is not the best place for any of these
:28:45. > :28:50.amendments to be considered because we haven't had a chance to have a
:28:51. > :28:53.good look at this in enough time. That therefore is a consideration
:28:54. > :28:57.which I hope the Minister will take into account when he gives us the
:28:58. > :29:02.full information we are asking for in all the amendments, five, six and
:29:03. > :29:07.13. I'm grateful. In closing I would
:29:08. > :29:13.simply add that all of these three amendments we have been discussing
:29:14. > :29:16.the potential role of the electoral commission. In respect of five and
:29:17. > :29:22.six, the electoral commission has actually shrunk from the possibility
:29:23. > :29:25.of being given an obligation that its not fit for. It is worth
:29:26. > :29:31.reminding ourselves that we have already developed that they will
:29:32. > :29:44.already give that advice about possible new regulations. They did
:29:45. > :29:47.not want that obligation but we gave it to them. In other countries,
:29:48. > :29:53.electoral commissions such as in Ireland or Denmark have a very much
:29:54. > :29:59.more active policing role in respect of fair referendum is. One which, in
:30:00. > :30:02.this country, we have not really set up the electoral commission to
:30:03. > :30:07.undertake. In response to my honourable
:30:08. > :30:14.friend, though the cases of amendment five and six, we need to
:30:15. > :30:20.bear in mind that this is a duty imposed. That duty implies and
:30:21. > :30:24.carries with it the potential for a judicial review. If there was any
:30:25. > :30:29.failure in carrying out that duty in the manner in which it would be
:30:30. > :30:31.expected that it should be done under all the precepts of
:30:32. > :30:36.administrative law, I think the Minister will accept that there is
:30:37. > :30:40.more than a high probability that there would be a challenge in the
:30:41. > :30:45.courts as to the manner in which any of these reports or any other
:30:46. > :30:48.matters arose, or any misleading nature of any of the information
:30:49. > :30:54.which was produced. I agree with that and I would also
:30:55. > :30:58.add the other point that I was going to make. Where the electoral
:30:59. > :31:06.commission has a duty, they can be judicially reviewed. In respect of
:31:07. > :31:10.the designation of only one campaign, I have absolutely no doubt
:31:11. > :31:17.there would be instantly a judicial review. I speak with knowledge and
:31:18. > :31:23.forethought. The other point I want to make is that in the absence of
:31:24. > :31:26.the duties and functions on the electoral committee, for example to
:31:27. > :31:30.provide for impartial and objective information from the Government, it
:31:31. > :31:37.is a moral imperative on ministers to make sure they undertake their
:31:38. > :31:42.obligations in the spirit of a fair referendum, and not to abuse the
:31:43. > :31:50.trust that this legislation puts in there with regard to the public
:31:51. > :31:55.creation of that information. Thank you for calling me to speak in
:31:56. > :32:00.this debate. It was on the 9th of June that I had the opportunity to
:32:01. > :32:03.begin my parliamentary career with my maiden speech on this very bill
:32:04. > :32:08.and therefore I am incredibly grateful for the opportunity to
:32:09. > :32:12.speak the grain as the Bill makes its way through this house. -- speak
:32:13. > :32:17.again. The issue of our continued membership of the European Union or
:32:18. > :32:20.not is one of the most important issues of our generation. There are
:32:21. > :32:25.some elements of our relationship where we should be thankful and
:32:26. > :32:28.grateful, particularly our access to the single market and our
:32:29. > :32:34.noninvolvement with Schengen and the euro. There are other areas where we
:32:35. > :32:36.are not getting a good deal and the Prime Minister is right to
:32:37. > :32:41.renegotiate our relationship and ask for a better deal. He and the
:32:42. > :32:45.Secretary of State for business and other members have said we should
:32:46. > :32:50.not be afraid to leave if we find the deal is not good enough for our
:32:51. > :32:55.country and our future. As the country makes its decision, as the
:32:56. > :32:58.referendum period begins, I am mindful that the public will need
:32:59. > :33:03.information about what the offer is. It will need factual
:33:04. > :33:08.information. It will also need respected information about what in
:33:09. > :33:13.and out mean and what our future might be in a different arrangement.
:33:14. > :33:17.It will need legal information. The public might need political
:33:18. > :33:23.information, financial and economic information. Above all, it will need
:33:24. > :33:26.a well run referendum. Well administered referendum. There in
:33:27. > :33:31.lies a key role for the electoral commission. It will need information
:33:32. > :33:36.about what the Swiss model looks like. What the Norwegian model looks
:33:37. > :33:39.like? Could it be a good fit for this country? Or be better off
:33:40. > :33:46.staying in reformed union? Of course I will give way.
:33:47. > :33:49.Would you agree that there are not only two alternatives, Switzerland
:33:50. > :33:54.and Norway, there are lots of alternatives.
:33:55. > :33:58.That is a fantastic point and I certainly do agree there are a
:33:59. > :34:01.number of alternatives. I look forward to the referendum debate and
:34:02. > :34:07.also the debates in the media, in this house and in many other
:34:08. > :34:11.follow-ups. I also want to return to the central role that the electoral
:34:12. > :34:15.commission will play. My view is that the electoral commission should
:34:16. > :34:23.not be drawn into playing any sort of qualified judicial role. Any sort
:34:24. > :34:26.of -- any more beyond playing a functioning role in the central
:34:27. > :34:32.administration of the referendum. We should be mindful of the views of
:34:33. > :34:35.set out in a letter which has been distributed to members across this
:34:36. > :34:43.house and which we should certainly take heed of. I think other
:34:44. > :34:47.honourable members across the House are heartened about the vibrant
:34:48. > :34:51.members of our democracy. Even though we are still in the early
:34:52. > :34:55.stages of this debate, a number of campaigning groups have been
:34:56. > :35:02.produced and I am pleased to see senior members represented from
:35:03. > :35:07.across the House in today's debates. On this side of a house on our
:35:08. > :35:12.benches there is Conservatives Of Britain, which has been skilfully
:35:13. > :35:21.organised. I can also see my honourable friend for Howard and
:35:22. > :35:31.North Essex playing a leading role. On the opposite house, Labour In For
:35:32. > :35:39.Britain and, of course, Britain Is Stronger In Europe. Even before the
:35:40. > :35:43.referendum really gets under way, there is a vibrancy of debate across
:35:44. > :35:51.this house and also in this country which is very positive. My remarks
:35:52. > :35:55.will focus on the... I give way. I am very grateful and he is right
:35:56. > :36:01.to set out the span of organisations. I wonder if he will
:36:02. > :36:05.agree with me. Unless my inbox and constituents of North Dorset is at
:36:06. > :36:10.odds with the rest of the House. I get lots of e-mails about lots of
:36:11. > :36:23.things. Hundreds about bumblebees. I can't think the last time I had an
:36:24. > :36:30.e-mail about... We should just focus down to what is happening here.
:36:31. > :36:31.I thank my honourable friend for his characteristically copious
:36:32. > :36:34.intervention and two years absolutely right that beyond the
:36:35. > :36:38.walls of this place there are men and women, malaise, businesses are
:36:39. > :36:45.playing their day-to-day role and not necessarily concentrating on the
:36:46. > :36:50.referendum issue is that this house concentrates on. I give way.
:36:51. > :36:54.I vicariously might reform to the most recent opinion poll which
:36:55. > :36:58.showed that 52% of the United Kingdom electorate thought they
:36:59. > :37:07.should leave and only 48% thought we should stay in. 60% of those in the
:37:08. > :37:12.south-west did say they wanted to leave.
:37:13. > :37:19.I thank you for your intervention. I was just finishing my response from
:37:20. > :37:26.my honourable friend which is that I know there are many individuals,
:37:27. > :37:30.families, businesses outside the walls focusing on other things. I
:37:31. > :37:34.hope we debate in this house will be able to take a lead on those
:37:35. > :37:39.issues. I welcome e-mails on all sides of the argument.
:37:40. > :37:42.I give way. Surely the point of the British people fully understand,
:37:43. > :37:50.which is why they now wish to leave the EU, is that their concerns about
:37:51. > :37:57.migration, taxation, the 10 billion we pay a way to the rest of the
:37:58. > :38:04.European Union, our inability to form our own welfare laws, are vital
:38:05. > :38:08.concerns of our voters in the United Kingdom and are all European issues.
:38:09. > :38:13.Thank you for your passionate intervention. I will simply say to
:38:14. > :38:17.him as I respond to my honourable friend that those issues are very
:38:18. > :38:23.important and I welcome a more e-mails over the next year or so.
:38:24. > :38:29.Maybe that is not the best message for my constituents, but I know that
:38:30. > :38:33.members across the House will be receiving representation from their
:38:34. > :38:37.constituents on all sides of the debate, whether that is in the form
:38:38. > :38:44.of letters, e-mails or petitions. I will give way.
:38:45. > :38:54.Author in his thoughts, the honourable member for North Dorset
:38:55. > :38:58.mentioned bees. They are inadvertently to do with EU
:38:59. > :39:03.regulation. My honourable friend makes a good
:39:04. > :39:07.point. There are many issues we debate in this chamber, in
:39:08. > :39:12.Westminster Hall, and in other forms where Europe actually makes an
:39:13. > :39:19.important intervention. We should all be very mindful of that. My
:39:20. > :39:26.point is to talk about the role of the referendum and also the Lords
:39:27. > :39:31.Amendment Number five, six and 13. If I might be permitted I will
:39:32. > :39:35.remind the House about the text and intention of Lords Amendment number
:39:36. > :39:40.five, which as many members will know introduces a new clause which
:39:41. > :39:44.will create a duty for the Secretary of State to publish a report setting
:39:45. > :39:48.out what has been agreed by member states following the renegotiation
:39:49. > :39:53.of the UK's membership of the EU which has been requested by the UK
:39:54. > :39:58.Government. The report will also require the UK Government to set out
:39:59. > :40:02.an opinion on what has been agreed, and it will have to be published at
:40:03. > :40:05.least ten weeks before date of the referendum. The Secretary of State
:40:06. > :40:10.will also be required to publish a copy before Parliament. Lords
:40:11. > :40:18.Amendment can micro-number six will introduce a new clause which creates
:40:19. > :40:23.a duty to publish a report setting out information about the rights and
:40:24. > :40:26.obligations which arise from European law as a result of the
:40:27. > :40:33.UK's membership of the European Union. The rights of this case
:40:34. > :40:39.refers to the rights that the UK has as a member state and also writes
:40:40. > :40:42.but are granted to individuals and organisations under European law.
:40:43. > :40:50.This could include the rights of access to the single market.
:40:51. > :40:54.Obligations in this example, the first two obligations arising under
:40:55. > :40:58.EU law that apply to the UK as a member state, and also to
:40:59. > :41:02.organisations or two individuals. For example, this could include the
:41:03. > :41:11.obligation on the United Kingdom as a member state to amend national law
:41:12. > :41:14.to bring it into a particular area. Number six will require the
:41:15. > :41:16.Secretary of State to include reports about examples and
:41:17. > :41:20.arrangements that other countries have with the European Union,
:41:21. > :41:26.whether that is Switzerland, Norway or other countries that are not
:41:27. > :41:29.members of the European Union. The report would have to be published at
:41:30. > :41:33.least ten weeks before the referendum date and the Secretary of
:41:34. > :41:41.State will also be required to lay a copy before Parliament.
:41:42. > :41:48.And there are a number of amendment and I know he is not currently in
:41:49. > :41:52.his place but he has indicated he may well withdraw them. But it is
:41:53. > :41:58.useful for the house if I elucidate my views on the amendments depending
:41:59. > :42:02.on how other members feel. My view is the electoral commission should
:42:03. > :42:07.not be drawn into the debate in the way my honourable friend has
:42:08. > :42:13.indicated in his amendment. As I mentioned earlier, the electoral
:42:14. > :42:18.commission has written to all noble and right honourable members across
:42:19. > :42:21.the house and my honourable friend acknowledged in his remarks that
:42:22. > :42:28.they would consider any increase in their powers or rule for them in
:42:29. > :42:34.making adjudication to affect the current position and that is the
:42:35. > :42:37.view I agree with. To put the electoral commission into a
:42:38. > :42:41.politically sensitive commission IDD getting on the matter of the
:42:42. > :42:46.accuracy of the Government's report would probably be a step too far and
:42:47. > :42:58.steps into the realm of being acquired by judicial body. I give
:42:59. > :43:01.way. Actually, secretaries of State and ministers are answerable to this
:43:02. > :43:09.parliament and this House and it would take put them in the role
:43:10. > :43:14.taking on Parliament. She makes an outstanding point which I was going
:43:15. > :43:18.to come to in my remarks which is to give the electoral commission a role
:43:19. > :43:23.beyond its current role would be to tread upon the feet of honourable
:43:24. > :43:26.and right honourable members and this House and encroach on the
:43:27. > :43:31.democratic freedoms of this Parliament. My honourable friend is
:43:32. > :43:35.right that the electoral commission itself does not agree with the
:43:36. > :43:44.amendment or the intention posited by my honourable friend. There are
:43:45. > :43:47.better sources of information, literature from the various campaign
:43:48. > :43:53.groups that I mentioned, information from public bodies such as the
:43:54. > :44:00.Office For Budget Responsibility and the bank of England. I would also
:44:01. > :44:03.encourage members of the public and Hansard were speeches from members
:44:04. > :44:09.can be found, including from this very debate. I give way to my
:44:10. > :44:14.honourable friend. Geller can I also add it would be very useful if
:44:15. > :44:17.people really wanted to hear how the debate was progressing if they
:44:18. > :44:25.followed the transcripts and also the parliamentary channel for the
:44:26. > :44:28.European Scrutiny Committee and the foreign affairs select committee
:44:29. > :44:31.proceedings because that will help them an enormous amount about what
:44:32. > :44:37.is going on and what questions are being asked of ministers. I thank my
:44:38. > :44:41.honourable friend for this intervention and he makes a very
:44:42. > :44:48.cogent point. Proceedings in this chamber are available not only on
:44:49. > :44:53.Hansard but also on Parliament's own television channel as well as the
:44:54. > :44:55.BBC Parliament channel. I would encourage what members of the public
:44:56. > :44:59.and all interested in the proceedings of the South Union,
:45:00. > :45:06.particularly to his committee which he had fled with distinction for
:45:07. > :45:12.many years -- leather with distinction for many years. I am
:45:13. > :45:16.delighted to see two of my distinguished colleagues on these
:45:17. > :45:22.benches in the chamber today for this debate. Before my honourable
:45:23. > :45:26.friend intervention I was mentioning the electoral commission's own
:45:27. > :45:30.research that it undertook as part of its statutorily commitment on
:45:31. > :45:38.information the public would want to know. As my honourable friend said
:45:39. > :45:43.and also as the member for Glenrothes said, they found members
:45:44. > :45:47.of the public were not necessarily clear about the consequences of the
:45:48. > :45:51.referendum and there was no real understanding amongst large sections
:45:52. > :45:55.of the public about what leaving would entail and not enough
:45:56. > :46:00.information about what staying in would entail. There was also
:46:01. > :46:04.confusion about the very many campaign groups that have sprung up.
:46:05. > :46:10.What they don't see, which I thought was particularly heartening, is
:46:11. > :46:16.there is a strong appetite for more information about the implications
:46:17. > :46:23.of leaving and also about information about the implications
:46:24. > :46:27.of remaining. Also about information for other models of engagement that
:46:28. > :46:32.are possible, whether that is Switzerland, Norway, other members
:46:33. > :46:38.of the European economic area or other countries around the world, in
:46:39. > :46:42.Asia, Africa, north or south America. There are a number of
:46:43. > :46:48.models that can be invoked in this debate and the public are very keen
:46:49. > :46:54.to have more information. There is an appetite for more information,
:46:55. > :46:58.but the electoral commission also found that the information is public
:46:59. > :47:06.would actually like is not simply the wryly factual in nature, it is
:47:07. > :47:11.my contention that members of the public would like contextual
:47:12. > :47:17.information, for example, with work examples, explanations, case
:47:18. > :47:21.studies, views of various members from this House. Therefore, the
:47:22. > :47:25.electoral commission recommended that campaign groups which I
:47:26. > :47:31.mentioned at the start of my speech includes sections on their website
:47:32. > :47:36.and literature precisely with some of those work examples and real-life
:47:37. > :47:40.case studies, testimonies from members of this House and lemon
:47:41. > :47:45.members in the other place and experienced members of the public
:47:46. > :47:48.and that would help a lot in educating the public on the choice
:47:49. > :47:56.is to be made. The electoral commission also said it was very
:47:57. > :48:00.slow to want to adopt some of the extra powers that certain honourable
:48:01. > :48:04.members said it should have on the basis it is not powers to police
:48:05. > :48:10.what information might be put into the public domain. It is not
:48:11. > :48:14.legislative powers to regulate the information that might be put into
:48:15. > :48:17.the public domain alongside any Government reports. Finally, the
:48:18. > :48:22.electoral commission also made a very good point that I agree with
:48:23. > :48:27.that is it doesn't have the capabilities to undertake an
:48:28. > :48:33.extension of its current role which some noble lords and summer
:48:34. > :48:37.honourable members think it may have. They say, it is also the case
:48:38. > :48:45.we would not have the capabilities to do so. The electoral commission
:48:46. > :48:51.father says, we will have no insider knowledge of negotiations, nor the
:48:52. > :48:58.required expertise to judge the report from Parliament about UK's
:48:59. > :49:01.membership. I thank my honourable friend for highlighting the
:49:02. > :49:05.extensive assessment of the electoral commission has made of
:49:06. > :49:11.this amendment. Isn't he, does he agree with me that is what renders
:49:12. > :49:17.this amendment fatal? The electoral commission themselves have said they
:49:18. > :49:22.do not have the capabilities and insider knowledge to carry out the
:49:23. > :49:28.duty that would be imposed upon them if this amendment were to be
:49:29. > :49:33.passed? I thank my honourable friend. I know she is very loaded in
:49:34. > :49:38.these matters as a barrister and I entirely agree with her it is very
:49:39. > :49:43.persuasive when one considers the electoral commission's or a letter
:49:44. > :49:48.to members across this House which many members will have received in
:49:49. > :49:52.the inbox is not long ago. I quote, we have no inside knowledge of the
:49:53. > :49:58.negotiations nor the required expertise to judge a report on the
:49:59. > :50:03.UK's membership of the EU. I give away. I think he will have heard
:50:04. > :50:07.that the electoral commission have had the duties imposed upon them by
:50:08. > :50:11.parliament before, what we are driving at in this amendment, above
:50:12. > :50:15.all else, and I see that with respect, not only to him but to the
:50:16. > :50:19.honourable lady who has just spoken, that the real point they
:50:20. > :50:25.made is there should be proper impartiality and accuracy and if
:50:26. > :50:29.they can do it, the Government can. And if they don't, the courts will
:50:30. > :50:33.ensure they do. I thank my honourable friend for his
:50:34. > :50:37.intervention and explanation. My interpretation of the letter was
:50:38. > :50:40.they do not want to take on more powers, simply for the fact they
:50:41. > :50:47.already have core duties which is the administration of elections and
:50:48. > :50:51.referendums. I also want to say to my honourable friend that my
:50:52. > :50:56.interpretation of the letter was the electoral commission was considering
:50:57. > :51:02.they are not experts in constitutional law, politics or
:51:03. > :51:08.other negotiations of the UK's remaining membership. That is the
:51:09. > :51:11.role I want them to fulfil as the referendum process continues. My
:51:12. > :51:17.interpretation of that letter was the electoral commission was
:51:18. > :51:22.saying, very frankly and openly, they lack the expertise to make any
:51:23. > :51:25.sort of determination about the Government's report. That is one
:51:26. > :51:32.other observation I would like to bring this amendment and that is
:51:33. > :51:38.next year, as many members will know, we will be experiencing local
:51:39. > :51:42.elections, can the elections, and also Police Commissioner elections,
:51:43. > :51:46.which will increase the workload of the electoral commission in its
:51:47. > :51:50.current guys, whether that is arbitrating on voter rolls,
:51:51. > :51:56.interpreting aspects of election law or undertaking it other statutory
:51:57. > :52:00.duties which I feel are already quite draining its resources. My
:52:01. > :52:05.contention is simply electoral commission lacks the expertise, as
:52:06. > :52:10.my honourable friend said, but also will be burdened with a heavy
:52:11. > :52:14.workload and the number and frequency and geographic spread of
:52:15. > :52:22.elections it is having to be involved in. My view is that is no
:52:23. > :52:25.role for the electoral commission in the respect that has been positive
:52:26. > :52:32.in the amendment and therefore the Government's view should... Madam
:52:33. > :52:35.Deputy Speaker if you permit me I wanted to briefly to Lords
:52:36. > :52:41.amendments 13 which has been tabled in the other place where the noble
:52:42. > :52:46.Baroness. I know this has some support in this house and if you
:52:47. > :52:50.permit me, Madam Deputy Speaker, to elucidate what this stars and also
:52:51. > :52:56.share my views on its place and this House. As Orrell and right
:52:57. > :53:04.honourable members will law, section 108 of the political parties act
:53:05. > :53:07.2000 allows the electoral commission to designate permitted participants,
:53:08. > :53:12.likely to be one of the campaign groups mentioned earlier, to the
:53:13. > :53:19.organisations to whom assistance will be available. Such a system is
:53:20. > :53:26.being logistical, financial and in some cases the opportunity to
:53:27. > :53:34.present itself in the media. Where a referendum has only two outcomes as
:53:35. > :53:39.is in the case in this referendum, that the section one or eight of
:53:40. > :53:43.that act of the 2000 act, the electoral commission can only
:53:44. > :53:49.exercise the power to designate one organisation for each of the
:53:50. > :53:53.outcomes or none at all. Lords amendment 13 would enable the
:53:54. > :53:58.electoral commission to designate the league campaign for one side of
:53:59. > :54:04.the argument, whether that be remain or leave at the referendum, without
:54:05. > :54:09.designating a leading campaigner for the other side. This would only
:54:10. > :54:14.apply where for a particular outcome whether that be leaving or
:54:15. > :54:18.remaining, had no applications on the other side, or the electoral
:54:19. > :54:24.commission was not satisfied there was an applicant that adequately
:54:25. > :54:29.represented those campaigning for that outcome. Clearly an adequate
:54:30. > :54:33.troops would be discarded by the electoral commission. In the event
:54:34. > :54:37.that only one campaigner was designated, that campaigner would be
:54:38. > :54:44.entitled to a high spending limit, a free mail out to voters and also
:54:45. > :54:48.access to public meeting rooms, for example a public council buildings
:54:49. > :54:52.or other municipal buildings. They would not be entitled, and I think
:54:53. > :54:57.it is important for the house to have cognisant of this point, to a
:54:58. > :55:06.grant from the electoral commission of up to ?600,000, under section 110
:55:07. > :55:10.of the 2000 act. Nor would they be allowed to make a referendum
:55:11. > :55:18.broadcast to the people of this country under section 127 of this
:55:19. > :55:23.Act. Madam Deputy Speaker, having reviewed the amendments both in this
:55:24. > :55:26.place and the other place and also read representations from the
:55:27. > :55:31.electoral commission and broadcasters as well, my view is
:55:32. > :55:35.that is a fair compromise. This amendment implement recommendations
:55:36. > :55:43.that the electoral commission itself made following the 2011 referendum
:55:44. > :55:47.on voting systems. As I said at the start of my remarks, we must heed to
:55:48. > :55:54.what the electoral commission itself says while also taking into account
:55:55. > :55:59.the views of members in this House. Based on those experiences from
:56:00. > :56:03.2011, the electoral commission recommended the steps that should be
:56:04. > :56:09.taken should be steps that reduce the potential advantages under the
:56:10. > :56:13.political parties electoral referendums act. To decide against
:56:14. > :56:19.applying for designation. The electoral commission found they had
:56:20. > :56:23.identified an example when a campaign that mere tactical
:56:24. > :56:28.advantage in not seeking designation with a view to frustrating the other
:56:29. > :56:31.side's access to these benefits. I find that a particularly cogent
:56:32. > :56:36.observations on behalf of the electoral coalition. I said I would
:56:37. > :56:41.touch briefly on Lords amendments 13 and I will continue my promise. I
:56:42. > :56:43.think the Government position on all the amendment should be supported
:56:44. > :56:48.and they deserve the support of the house.
:56:49. > :56:55.I beg to move that this house do agree with Lords Amendment five and
:56:56. > :56:58.I want to start by thanking right honourable and honourable members
:56:59. > :57:03.who have taken part in the debates this afternoon. Indeed, the member
:57:04. > :57:06.for Wolverhampton south-eastward even so generous as to offer an
:57:07. > :57:14.additional filler for my Christmas stocking. I'm sure that the pamphlet
:57:15. > :57:19.he proffered to me will take an honoured place alongside on my
:57:20. > :57:27.shelves the collected works of another honourable member. The House
:57:28. > :57:35.will be aware that this bill receives detailed scrutiny in the
:57:36. > :57:38.Lords and this particular group of amendments and Lords amendments this
:57:39. > :57:46.afternoon we are talking about quite a wide range of changes that the
:57:47. > :57:50.other house imported into the bill. Many of those amendments were
:57:51. > :57:53.technical and procedural in character and were designed to
:57:54. > :57:58.strengthen the furnace and robustness of the campaign
:57:59. > :58:02.framework. The Lords main technical amendments ensure that the bill
:58:03. > :58:07.works appropriately for Gibraltar and feeble response to
:58:08. > :58:12.recommendations for House of Lords delegated powers and regulatory
:58:13. > :58:17.committee. Finally, and these are the subjects which have preoccupied
:58:18. > :58:20.the House most this afternoon, in response to concerns from members of
:58:21. > :58:24.the House of Lords that the British people might not have access to the
:58:25. > :58:27.information they need to take an informed decision, the Lords added
:58:28. > :58:33.to the bill be duty to report on three topics. The results of the
:58:34. > :58:37.renegotiations, what membership of the European Union in tales in terms
:58:38. > :58:41.of our current rights and obligations? And examples of already
:58:42. > :58:45.existing alternatives to EU membership. In the time that remains
:58:46. > :58:51.I want to address these areas of change in return. Let me go straight
:58:52. > :58:58.to amendments five and six concerning the provision of public
:58:59. > :59:04.information. Of course, as my right honourable friend the member for
:59:05. > :59:07.Ashford and my honourable friend the member for Harrow and North Essex
:59:08. > :59:12.both at college, the Government at the end of the negotiating process
:59:13. > :59:19.is clearly going to express its view to the British people for when the
:59:20. > :59:25.electorate votes at the promised referendum. -- both acknowledged.
:59:26. > :59:34.But what we now have our obligations written onto the face of statute for
:59:35. > :59:38.the Government to publish particular items of information. There was a
:59:39. > :59:43.clear appetite in the Lords to have such provision and in fact, the
:59:44. > :59:48.Lords tables and debated a series of amendments that called upon the
:59:49. > :59:51.Government to set out in a very prescriptive detail the potential
:59:52. > :59:55.consequences of remaining in the European Union and also what the
:59:56. > :59:59.consequences of withdrawal would be on a number of areas of national
:00:00. > :00:05.life. Noble Lords called on the Government to set out what that
:00:06. > :00:10.means to government's in the Jewish relationship would be with the EU
:00:11. > :00:20.under a vote to leave. ... Envisaged relationship. -- envisaged
:00:21. > :00:25.relationship. In our view, it is for the designated lead organisations to
:00:26. > :00:30.lead the debate on the two side of the argument. However, the electoral
:00:31. > :00:35.commission and their research into the question did identify that there
:00:36. > :00:38.is an appetite among the general public for information, both on what
:00:39. > :00:43.remaining in the EU would leave and on what leaving could mean. Given
:00:44. > :00:47.the strongly held views that were expressed in the other place, we
:00:48. > :00:52.accepted the principle that the Government should be obliged to play
:00:53. > :00:57.a role, a limited role, in ensuring that the public is able to make an
:00:58. > :01:01.informed decision. In our view, the most useful role for the Government
:01:02. > :01:05.here is to give information about the renegotiation deal that is
:01:06. > :01:12.achieved, and also on the factual nature of membership to try to aid
:01:13. > :01:16.understanding and to inform the public. Then, it'll be for the
:01:17. > :01:24.designated elite campaigners to interpret that information and about
:01:25. > :01:31.own information on both sides. -- on their own. Amendment five is tabled
:01:32. > :01:35.by my noble friend who everyone in the House would accept is not
:01:36. > :01:42.someone normally regarded as an unqualified admirer of the European
:01:43. > :01:44.Union. That amendment set a requirement for the Government to
:01:45. > :01:51.report on the outcome of the renegotiation. Building on this, the
:01:52. > :01:54.Lords Amendment five that we now have before us would require the
:01:55. > :01:59.Government to report on what it had been agreed by EU member states as a
:02:00. > :02:03.result of the renegotiation, and for the Government to give its view on
:02:04. > :02:09.this. Amendment six takes us further. It requires the Government
:02:10. > :02:13.to published a report. That report was set out information about rights
:02:14. > :02:18.and obligations that arise and EU law as a result of the UK's
:02:19. > :02:21.membership of the EU. This would enable us to describe what
:02:22. > :02:25.membership for the EU in tales in this country.
:02:26. > :02:33.And who tabled amendment six? Amendment six was tabled by my right
:02:34. > :02:36.honourable friend... Noble friend following debate in the Lords as a
:02:37. > :02:42.way to try to build consensus in that house to give their passage to
:02:43. > :02:48.the bill. Perhaps it would be useful for me to explain, in response to
:02:49. > :02:54.the Commons that have been made this afternoon, how the Government
:02:55. > :03:00.interprets the obligation imposed on us by these amendments and how we
:03:01. > :03:10.would propose to see those obligations implemented. By right,
:03:11. > :03:13.as set out in amendment six, we mean rights but United Kingdom has as a
:03:14. > :03:18.member state and also the rights granted to individuals and
:03:19. > :03:22.businesses as a result of our membership of the European Union
:03:23. > :03:26.such as access to the single market. By obligations, I refer to those
:03:27. > :03:33.things that are membership of the European Union obliges us to do.
:03:34. > :03:37.Most obviously, this is at the level of the member state. But also their
:03:38. > :03:45.would-be implications for businesses or individuals. An obvious example
:03:46. > :03:50.is our obligation as a member state to transpose EU laws in particular
:03:51. > :03:55.areas and accept the climate of EU law so long as we are a member of
:03:56. > :03:59.the European Union. The duty that has been written into amendment six
:04:00. > :04:03.does not require the Government to set out information about every
:04:04. > :04:06.single right and obligation. I think such a report would not be
:04:07. > :04:11.meaningful and the purpose of the duties is to provide useful and
:04:12. > :04:15.relevant factual information to allow for greater public
:04:16. > :04:22.understanding. Amendment six also requires the Government to divulge
:04:23. > :04:26.where the existing -- to explore some of the existing arrangements
:04:27. > :04:30.were at... That members who are not a member of the EU already have.
:04:31. > :04:34.I don't understand how the Government can say is only going to
:04:35. > :04:37.mention some of the obligations. Surely, the bill is drafted says the
:04:38. > :04:41.obligations and that must include all the legal requirements on
:04:42. > :04:48.individuals, companies and the states, as well as legal supremacy.
:04:49. > :04:52.I hope you will mention in the next clause that there is nothing said
:04:53. > :04:55.about trade and he must not limiting themselves to trade. He must look at
:04:56. > :05:00.all sorts arrangements, not just trade.
:05:01. > :05:06.First of all, on the wording of the amendment, the amendment refers to
:05:07. > :05:16.rights and obligations, not to the rights and obligations. It gives the
:05:17. > :05:19.Government the discretion to select those where we think the
:05:20. > :05:23.presentation of rights and obligations are the ones that will
:05:24. > :05:28.best aid public understanding. I do want to make it clear that our
:05:29. > :05:34.purpose in recommending acceptance of these amendments is that we
:05:35. > :05:36.should be able to provide for greater public understanding. I
:05:37. > :05:42.completely agree with my right honourable friend from Wokingham
:05:43. > :05:48.that membership of the EU touches on things in addition to matters of
:05:49. > :05:51.trade or economic policy. It'll be a matter for vigorous debate during
:05:52. > :05:58.the referendum campaign as to relative balance or advantages -- of
:05:59. > :06:04.advantages or disadvantages that arise out of EU membership. But that
:06:05. > :06:07.is not a debate which we see as taking place in the context of the
:06:08. > :06:12.obligation placed on us by amendment six. Amendment six is about
:06:13. > :06:17.providing factual information on the basis of which the public can make
:06:18. > :06:20.an informed decision. What the amendment also does is to describe
:06:21. > :06:25.some of the existing arrangements that require us to describe existing
:06:26. > :06:29.arrangement that other countries which are not members already have
:06:30. > :06:36.with the European Union. We think this is a better course of action
:06:37. > :06:38.and for the Government to attempt to hypothesise what the future
:06:39. > :06:45.relationship of the United Kingdom would be with the EU in the event of
:06:46. > :06:53.a vote to withdraw. Because that depends on assumptions made both
:06:54. > :06:56.about the future intentions of the British, but also the likely
:06:57. > :07:01.response of other European countries in those circumstances.
:07:02. > :07:05.On this question about the rights and obligations, as compared to the
:07:06. > :07:10.other, I think he is already beginning to move the argument into
:07:11. > :07:15.the arena on the question of impartiality and accuracy because in
:07:16. > :07:19.fact, if they pick and choose, then there will be no way for the public
:07:20. > :07:23.to have a clue as to whether or not the ones they've chosen are the ones
:07:24. > :07:30.that suit them or the public and the voters who have to make the choice.
:07:31. > :07:37.I think that if the... To follow your logic, the implications of a
:07:38. > :07:46.requirement to provide an exhaustive list would mean going through the
:07:47. > :07:55.entire corpus of EU law, not just the particular areas of expressed in
:07:56. > :08:01.the treaties, and trying to draw out from. What would be a voluminous
:08:02. > :08:06.list of both rights and obligations are derived from those measures. I
:08:07. > :08:09.simply don't think that will aid public understanding. I think it
:08:10. > :08:14.will act as a deterrent for many members of the public to read the
:08:15. > :08:18.document at all. The honourable member asked about the form of
:08:19. > :08:23.publication. No decision has been taken about this yet, but certainly
:08:24. > :08:28.I would envisage that is being comparable to a white paper, if not
:08:29. > :08:31.an actual white paper. As would be normal these days, such a
:08:32. > :08:35.publication would be available online and therefore it would be
:08:36. > :08:38.widely accessible. The report would have to be published at least ten
:08:39. > :08:42.weeks before the referendum which would give campaign is clear time to
:08:43. > :08:50.lead the public debate. I would emphasise that neither amendment
:08:51. > :08:51.five or six in any way affect the section 125 restriction on
:08:52. > :08:57.government publications during the final 28 days of the campaign. I
:08:58. > :09:01.hope that my honourable friend, in view of what I have said and in view
:09:02. > :09:05.of the electoral commission 's X Best view that they do not agree
:09:06. > :09:14.with his amendments today, will at the end of this debate agree to...
:09:15. > :09:18.I have asked him several times before I declare whether I will
:09:19. > :09:21.withdraw these amendments or not, for him on the half of the
:09:22. > :09:26.governments to make it absolutely clear that when they are giving this
:09:27. > :09:30.information under five or six they will do so with due accuracy and
:09:31. > :09:35.impartiality. Is he going to do that, or is he not?
:09:36. > :09:45.Certainly that is the case because I actually think it will probably have
:09:46. > :09:50.a perverse impact on the Government's recommendation, at the
:09:51. > :09:56.end of the day, if the Government were to be seen to be acting in an
:09:57. > :10:03.excessively partisan manner. I would say again, the Government is clearly
:10:04. > :10:06.going to express its view, its recommendations and its reasoning.
:10:07. > :10:13.But the statutory duties which are laid out in these amendments we see
:10:14. > :10:16.about being about the provision of accurate and factual information.
:10:17. > :10:22.Amendment 13 was also debated in some detail this afternoon. This
:10:23. > :10:26.would allow the electoral commission to designate a lead campaigner for
:10:27. > :10:31.only one side of the argument in the event that for a particular outcome
:10:32. > :10:35.there were no applications, or the electoral commission was not
:10:36. > :10:37.satisfied that any applicant met the statutory test of adequately
:10:38. > :10:43.representing those campaigning for that outcome. Given the vigour that
:10:44. > :10:47.we already see in opposing campaigns, I think it is very
:10:48. > :10:51.unlikely that we are going to end up in that territory. I hope the House
:10:52. > :10:57.will accept this Lords Amendment to prevent gaining by one side of the
:10:58. > :11:06.campaign to the disadvantage of the other.
:11:07. > :11:10.Simply to say that in the light of the clear assurance that there will
:11:11. > :11:15.be due impartiality and accuracy, I am prepared to withdraw my
:11:16. > :11:24.amendments with respect to five, six and 13.
:11:25. > :11:28.Amendment by leave withdrawn? Minister to move to agree to Lords
:11:29. > :11:32.Amendment five formally. Formally.
:11:33. > :11:38.The question is that this house agrees with the Lords and their
:11:39. > :11:46.amendment five. Say aye. On the contrary, no. I think the ayes have
:11:47. > :11:51.it. Under the standing order I must now put the question to dispose of
:11:52. > :11:56.the remaining Lords amendments. The question is that this house agrees
:11:57. > :12:05.with the Lords amendments six, two and four, and 7-46. Say aye. Say no.
:12:06. > :12:16.I think the ayes have it, the ayes have it.
:12:17. > :12:30.other minister David Lillington in the chair of the committee and the
:12:31. > :12:38.call of the committee do withdraw immediately. The question is that a
:12:39. > :12:45.committee be appointed to draw up a reason to be assigned to the Lords
:12:46. > :12:50.for the amendment one. Judith Cummins, David Langdon, Pat
:12:51. > :12:58.McFadden, James Morris and Owen Toms of the members of the committee, but
:12:59. > :13:02.the David Livingstone be the committee and three the record of
:13:03. > :13:04.the committee and the committee do withdraw immediately. As many as are
:13:05. > :13:11.of the opinion, say "aye". To the contrary, "no". The ayes have it.
:13:12. > :13:18.The ayes have it. We now come to the motion on cross-border cooperation
:13:19. > :13:23.to tackle serious and organised crime - Prum. I am from the house
:13:24. > :13:27.the Speaker has selected the amendment in the name of Sir William
:13:28. > :13:32.Cash and will be debated together with the main motion and the
:13:33. > :13:42.amendment will be put at the end of the debate. Minister to move? Thank
:13:43. > :13:47.you and I beg to move the motion standing in my honourable right
:13:48. > :13:51.honourable friend name. Recent events in Europe, particularly in
:13:52. > :13:56.Paris, highlighted the real need to cooperate with other countries to
:13:57. > :14:00.keep our citizens save and hunt them criminals and terrorists. Following
:14:01. > :14:03.the attacks in Paris we know the French authorities have been
:14:04. > :14:07.coordinating and cooperating with a wide range of law enforcement and
:14:08. > :14:13.other countries and 301 of the tools they have found the most effective
:14:14. > :14:17.is the Prum mechanism, the subject of two-day's debate. It is thanked
:14:18. > :14:23.to Prum they were able to identify one of the attackers so quickly.
:14:24. > :14:27.Prum, so called after the German town it was agreed to develop this
:14:28. > :14:30.mechanism is about the sharing in strictly controlled circumstances of
:14:31. > :14:34.the sharing in strictly controlled circumstances of PNA, fingerprints
:14:35. > :14:39.and vehicle registration that are in order to investigate crime. Mike
:14:40. > :14:43.French counterpart wrote to me recently setting out his first hand
:14:44. > :14:47.experience of Prum and how he hopes the UK and France will be able to
:14:48. > :14:55.improve our cooperation through it. While I never unquestioningly accept
:14:56. > :14:58.the views of others I think it is wise to listen to those with
:14:59. > :15:03.experience of such chilling recent event and they believe the system to
:15:04. > :15:07.be beneficial. The experience of France and others and our own
:15:08. > :15:13.detailed study of Prum believes me it isn't at the national interest to
:15:14. > :15:19.sign up to it. I will go on to set out in more detail why I think that
:15:20. > :15:24.is the case. I give way. I am sure that my right honourable friend
:15:25. > :15:30.accepts the carnage in France which was dreadful was, to some extent, as
:15:31. > :15:33.a result of the failures of authorities in that country. Why
:15:34. > :15:41.should we played so much trust in those who, from those kind of
:15:42. > :15:46.experiences? I have to say, the carnage that took place in France
:15:47. > :15:50.and the blame for that lies squarely with the terrorists who undertook
:15:51. > :15:54.that and I believe it is right we listen to those who have experienced
:15:55. > :16:00.and I will go on to explain other examples of why the exchange of this
:16:01. > :16:04.that is a beneficial in various circumstances. First it might be
:16:05. > :16:08.helpful to the house and how we have come to this point and what the
:16:09. > :16:13.system is and what it is not. This is primarily about the sharing of
:16:14. > :16:18.DNA profiles, fingerprints and vehicle registration data in order
:16:19. > :16:22.to prevent and investigate crime. It is worth noting we already share
:16:23. > :16:26.such that with other countries via Interpol so the debate is about
:16:27. > :16:30.whether or not we should do that, but how. What this system does is
:16:31. > :16:34.automate the front end of an existing manual process to access
:16:35. > :16:38.that information and make information exchange subject to the
:16:39. > :16:41.touch of a button rather than a lengthy manual process, meaning it
:16:42. > :16:45.will be quite act easier for our police to check the national
:16:46. > :16:50.databases of other member states, hugely increasing the reach of UK
:16:51. > :16:55.law enforcement. I would like to point out it is not a centralised EU
:16:56. > :17:00.database and that is an important point to remember. I give way. Given
:17:01. > :17:04.that she makes a very strong case for the technical function but I am
:17:05. > :17:08.concerned the threats we face go far beyond Europe and the European
:17:09. > :17:11.Union. Could she say a little bit more about why it is so difficult to
:17:12. > :17:17.get Interpol and the poor countries to adopt a similar system. I have to
:17:18. > :17:21.say to my honourable friend, if you look across the board at Interpol
:17:22. > :17:28.and the number of countries involved and the amount of information
:17:29. > :17:32.available, there is a very real difficulty in the physical issue of
:17:33. > :17:37.getting a lot of all of those countries to agree to this. What has
:17:38. > :17:40.happened in the EU is countries have come together and decided it would
:17:41. > :17:48.be beneficial to have this sort of automated process and so far those
:17:49. > :17:52.discussions have not... I will in just a moment. So far Interpol has
:17:53. > :17:58.retained the manual processes and I will come on a little later to
:17:59. > :18:01.exemplify the difference that occurs through the automated process as
:18:02. > :18:10.opposed to the manual process of Interpol. I give way. She is right
:18:11. > :18:15.to opt in to this mechanism. It is not about giving information away,
:18:16. > :18:21.it is about sharing information. One of the lessons from Paris is the
:18:22. > :18:26.importance of EU countries knowing who is coming through the external
:18:27. > :18:30.borders. Would she agree with me that what is essential is where
:18:31. > :18:37.countries have concerns about individuals, they put them on the
:18:38. > :18:40.databases as quickly as possible? The right honourable gentleman makes
:18:41. > :18:44.an important point and one of the arguments we are making within a
:18:45. > :18:50.European context is there are other databases use, for example the door
:18:51. > :18:54.that database, we are arguing about how we can better use these
:18:55. > :18:59.databases to ensure we do the job we all want to do. Criminals and
:19:00. > :19:03.terrorists do not stop our borders and it is important the gap that is
:19:04. > :19:07.shared between countries so we can both identify and lead to ringing
:19:08. > :19:14.those criminals and terrorists to justice. I am grateful to the Home
:19:15. > :19:18.Secretary for giving way. Ideally we want Interpol to come to an
:19:19. > :19:21.agreement about sharing of information through an automated
:19:22. > :19:26.system. The fact that Interpol are not in that position does not been
:19:27. > :19:30.we cannot take action with our European partners and share that
:19:31. > :19:34.information in an automated fashion. Is it not the case that given the
:19:35. > :19:39.tragic events in France this is the time for the and cooperation with
:19:40. > :19:46.our European partners, rather than retrenching our own silo? My friend
:19:47. > :19:50.back at an important point, both about the interplay between Prum in
:19:51. > :19:55.the European union and Interpol but also, yes, now is the very time we
:19:56. > :19:59.need to work more in collaboration with our partners to ensure we are
:20:00. > :20:05.sharing the necessary dad to keep us safe. I have been very generous in
:20:06. > :20:13.giving way but I will give way to my right honourable friend. I am very
:20:14. > :20:17.grateful. As someone who wishes her to use all these and means to track
:20:18. > :20:21.down terrorism I think it is a good idea to get more access to
:20:22. > :20:27.information but I also want to help us uphold our manifesto promise of
:20:28. > :20:30.no transfer of powers to the EU and reduction in EU powers so why can we
:20:31. > :20:34.not do this by intergovernmental agreement than rather than
:20:35. > :20:40.submitting to the European Court of Justice? I have to see a right
:20:41. > :20:44.honourable friend that this is one area where he will have challenged
:20:45. > :20:49.the only similar issue in the past, but of course the fact is because
:20:50. > :20:53.within the European Union that is the existence of this agreement and
:20:54. > :20:58.the existence of Prum, then attempts to do this exchange of dapper in
:20:59. > :21:02.other ways would, first of all, require not just by
:21:03. > :21:06.intergovernmental agreement but also the building of separate systems and
:21:07. > :21:13.would take far longer so we would not have access to the data for the
:21:14. > :21:18.long period of time and there is another mechanism available at if we
:21:19. > :21:25.wish to exchange dapper in this way we should join that particular
:21:26. > :21:31.mechanism. For DNA, a crime scene programme is sent from one country
:21:32. > :21:34.to another, to all the other countries simultaneously where it is
:21:35. > :21:40.automatically searched against the profiles held on those countries
:21:41. > :21:44.databases. If there is a match the requesting country receives a report
:21:45. > :21:49.back. At that stage no information is exchanged that would allow a
:21:50. > :21:55.person to be identified. Prior to personal information being released
:21:56. > :22:01.all text must be confirmed. For fingerprints this is a similar
:22:02. > :22:06.report. At a reported 15 minutes for DNA and 24 hours for fingerprints.
:22:07. > :22:08.The average time to report a hit currently has four months. Four
:22:09. > :22:19.months. For a vehicle registration dapper, a country that is
:22:20. > :22:25.investigating a crime is able to get the information and ten seconds. Our
:22:26. > :22:27.police will be able to get information on foreign registered
:22:28. > :22:34.vehicles in ten seconds, rather than the months it can take at the
:22:35. > :22:38.moment. As I said to the house in July last year, Prum is an easy and
:22:39. > :22:51.efficient comparison of dapper when appropriate. Members will note that
:22:52. > :22:56.Prum was one of the measures we opted out of and that was the
:22:57. > :23:00.greatest repackaging of powers in this country's hastily. I thank the
:23:01. > :23:05.Home Secretary for giving way and welcomed the statement. Should she
:23:06. > :23:09.outlined to the house if there has been any discussion with the
:23:10. > :23:16.Republic of Ireland on introducing Prum or does she believe they will
:23:17. > :23:20.in the future? I myself have not held any of those discussions.
:23:21. > :23:25.Within the EU they are a small number of member states who have not
:23:26. > :23:29.joined Prum and who are all being encouraged to do so precisely
:23:30. > :23:34.because of the value seen by those member states using the system at
:23:35. > :23:40.the moment. We had repatriated powers and we did not seek to rejoin
:23:41. > :23:44.Prum at that time because, when the party opposite sign us up to the
:23:45. > :23:49.measure, they didn't do anything to implement it, which meant if we
:23:50. > :23:54.rejoin it would have opened us up to fines for not implementation. There
:23:55. > :23:58.was a pragmatic decision taken at the time. As I also said at the
:23:59. > :24:02.time, all honourable members want the most serious crimes to be solved
:24:03. > :24:06.and their perpetrators brought to justice. In some cases that means
:24:07. > :24:10.the police comparing the police comparing DNA fingerprint data
:24:11. > :24:18.Gaelic Mac dapper with other countries. This is an operational
:24:19. > :24:22.necessity and the comparison is already happening and must do so if
:24:23. > :24:28.we are to solve cross-border crime. It would be negligent if I did not
:24:29. > :24:32.consider the proposal carefully. I proposed to run a small pilot
:24:33. > :24:37.focused on DNA with other countries and produce a full business case on
:24:38. > :24:42.Prum. The final decision on whether or not to sign up to Prum would be a
:24:43. > :24:47.case for this house. We have now won that pilot and published a thorough
:24:48. > :24:52.business case and we are here today to decide if we should participate
:24:53. > :25:00.in Prum are not, and I believe strongly we should. I will give way.
:25:01. > :25:04.These are inevitably it matters whether balances to be struck off
:25:05. > :25:07.sometimes conflicting interests and I think she abroad it got this one
:25:08. > :25:12.right and she will have the support of my party today in the division
:25:13. > :25:18.lobbies. I would be interested to know about the use of matches. She
:25:19. > :25:24.will be aware that the only thing provided by Big Brother Watch today
:25:25. > :25:27.makes specific reference to the European arrest warrant and what
:25:28. > :25:40.will be required for the use of a match coming from Prum. If you have
:25:41. > :25:44.any DNA profile is sent and the first response is is there a hit on
:25:45. > :25:49.the database are not. There is then a separate process to determine if
:25:50. > :25:55.the individual 's personal details will go forward. What we intend to
:25:56. > :25:59.do is then you have two scientific legal look at that match to make
:26:00. > :26:05.sure it meets the requirements we set out we will set higher threshold
:26:06. > :26:10.than others. It will then be possible, if the other country
:26:11. > :26:16.wishes to move to a European arrest warrant, to arrest an individual, if
:26:17. > :26:21.they have the ability and sufficient evidence to do that. We have brought
:26:22. > :26:24.an extra safeguard around the use of European arrest warrants. It also
:26:25. > :26:32.means it will be possible for foreign criminals to be extradited
:26:33. > :26:37.but also for criminals who have undertaken activities here in the UK
:26:38. > :26:38.and then gone abroad, potentially to be brought back to the UK for
:26:39. > :26:49.justice. On that specific point, where we
:26:50. > :26:56.have the second check, the second set of scientific safeguards, would
:26:57. > :26:59.that be a manual check done by a human or would that process also be
:27:00. > :27:04.automated? I think there will be an automated
:27:05. > :27:12.element to it but this is not something that will be done... If my
:27:13. > :27:16.honourable friend is concerned that immediately the whole system does
:27:17. > :27:22.that check, there is a decision to then make that check. We are setting
:27:23. > :27:25.a higher threshold. I'm getting into scientific waters here that perhaps
:27:26. > :27:31.I'm not best qualified to refer to. But the issue is what I called
:27:32. > :27:39.low-carbon and the matches on the DNA. Many countries will use six or
:27:40. > :27:45.sometimes ate, we will use eight. That is the threshold that we set --
:27:46. > :27:55.or sometimes eight. We will use time. If you have thus micro we will
:27:56. > :28:00.use ten. One of the reasons I believe that we should be going into
:28:01. > :28:06.Prum is that the results from the small-scale pilot we conducted, I
:28:07. > :28:10.was very clear the exchange could only take place after we have
:28:11. > :28:13.understanding in place with the Netherlands, Spain, Germany and
:28:14. > :28:20.France and that would only take place under close tight guards --
:28:21. > :28:24.under tight safeguards. An impressive 118 hits were seen. That
:28:25. > :28:28.is nearly double the number of profiles are police sent abroad are
:28:29. > :28:33.checking in the whole of 2014. We got hits for each of the four
:28:34. > :28:39.countries. We got hits to serious crimes and people you are French,
:28:40. > :28:45.Dutch, remain young, Albanian. We did not get hits two Britons. --
:28:46. > :28:54.Romanian. Crucially, this is leading to... INAUDIBLE a DNA crime scene
:28:55. > :29:01.profile recovered from an attempted rape was sent to all four preferment
:29:02. > :29:08.pilot countries. The profile held in France. After further cooperation
:29:09. > :29:11.with France, the National Crime Agency obtained demographic
:29:12. > :29:14.information on a Romanian National. This individual was stopped in
:29:15. > :29:18.London in November this year on suspicion of a motoring offence
:29:19. > :29:25.which would not have led to a DNA search being taken. Due to the Prum
:29:26. > :29:27.hit, the warrant for his arrest was revealed. He was arrested and
:29:28. > :29:31.charged with the attempted rape and is currently on remand. In other
:29:32. > :29:36.cases of rape we know the police have requested extradition papers.
:29:37. > :29:40.As the director-general of the National Crime Agency has said,
:29:41. > :29:46.these would not have been without the pilot. Is because of cases like
:29:47. > :29:52.this but the director of public and have said that Prum will reduce the
:29:53. > :29:55.number of unsolved crimes, such as murder and rape, committed by
:29:56. > :30:02.foreign nationals. And improve service to public, victims and
:30:03. > :30:04.families. We will set in place a process that will catch foreign
:30:05. > :30:09.nationals who have committed crimes here. We will set in place a process
:30:10. > :30:13.by which criminals can be deported and by which bring nationals who
:30:14. > :30:17.have committed crimes in the UK can be linked to crimes abroad and sent
:30:18. > :30:21.to those countries to stand trial. In short, it will be a vote to keep
:30:22. > :30:26.foreign criminals off our streets and make communities safer. The
:30:27. > :30:30.numbers are stark. If and I hope when the UK connects with all other
:30:31. > :30:33.Prum countries, evidence suggests there could be up to 8000 verified
:30:34. > :30:39.hits following the initial connection. Up to 8000 foreign
:30:40. > :30:43.criminals are police can track down for crimes they have committed in
:30:44. > :30:46.the UK. There will be an ongoing daily process which will produce
:30:47. > :30:53.more hits. Such exchanges will become part of business as usual.
:30:54. > :30:58.This is the sort of process we must grasp. Experience and those already
:30:59. > :31:03.operating in other countries shows how important it is. To those who
:31:04. > :31:08.say we don't need to be in Prum to do this, I think we should look at
:31:09. > :31:13.the figures. The existing processors are so cumbersome and convoluted
:31:14. > :31:18.that last year police sent just 69 DNA profiles abroad. The ease of the
:31:19. > :31:23.processes we used in the pilot means we've already sent 14,000% more this
:31:24. > :31:29.year. And changing the Interpol process would require the agreement
:31:30. > :31:34.of all into poor members. A near impossibility. -- all Interpol
:31:35. > :31:41.members. It is not true we can go on to other processes. Countries signed
:31:42. > :31:45.up to Prum can also check the EU database containing the fingerprints
:31:46. > :31:49.of asylum seekers and others detained illegally crossing the
:31:50. > :31:52.borders of the EU. It was this ability to make checks with that
:31:53. > :31:56.database that allowed Austrian authorities to identify eight of the
:31:57. > :32:01.71 people tragically found dead in the back of a lorry on the 27th of
:32:02. > :32:04.August. It was that thing ability that allows the Austrians to
:32:05. > :32:10.identify one of the suspects in that case. -- that same ability. We also
:32:11. > :32:16.know one of the individuals involved in the Paris attacks and the EU
:32:17. > :32:25.through grease. Police across the whole of the United kingdoms -- we
:32:26. > :32:28.have engaged closely with Police Scotland, the Northern Ireland
:32:29. > :32:32.Department of Justice and police service Northern Ireland. Their
:32:33. > :32:40.views have been given a great deal of weight when formulating our
:32:41. > :32:44.policy. That is why all of those organisations will have places on
:32:45. > :32:49.the oversight group. Their views will continue to be important
:32:50. > :32:54.personally and to the Government more generally as we progress this
:32:55. > :32:59.matter. We will consider the honourable and learn it lady, the
:33:00. > :33:04.member for Edinburgh South West. We will ensure every member of the
:33:05. > :33:09.Magic Kingdom has their voice heard. I am sure that is why I received
:33:10. > :33:16.letters of support. -- every member of the United Kingdom. And also from
:33:17. > :33:20.Bernard Hogan Howe, who has said that the scale of the potential for
:33:21. > :33:25.individuals to commit crime across Europe is such that a solution such
:33:26. > :33:28.as Prum, with all the necessary safeguards, is the only effective
:33:29. > :33:32.way to track down these dangerous criminals.
:33:33. > :33:38.I agree wholeheartedly and I give way.
:33:39. > :33:42.I am as keen as anybody to ensure that our streets are safe. Can you
:33:43. > :33:48.assure the House that these powers can be exercised by our immigration
:33:49. > :33:52.authorities at the point of entry in relation to anybody seeking to come
:33:53. > :33:55.into this country, whether they be an EU citizen or from outside the
:33:56. > :34:01.EU? There are separate arrangements. One
:34:02. > :34:07.of the reasons we opted back into this was to give immigration
:34:08. > :34:12.officials the ability to deal with issues as people come across the
:34:13. > :34:15.border. It is possible to check the EU database for the fingerprints of
:34:16. > :34:20.asylum seekers and others detained illegally crossing borders of the
:34:21. > :34:25.EU. I welcome the fact that my right honourable friend said he fully
:34:26. > :34:28.supported being able to take measures that enable us to take
:34:29. > :34:31.measures and catch criminals and identify those who should be brought
:34:32. > :34:36.to justice. I look forward to him joining me in the lobby to going to
:34:37. > :34:41.Prum this evening. While it is incumbent on us to give the police
:34:42. > :34:44.they need, it is also incumbent on us to balance that against any Civil
:34:45. > :34:49.Liberties worries that some may have. We haven't made this decision
:34:50. > :34:53.without looking at how we can protect British citizens. I was
:34:54. > :34:58.proud to be a member of the Government that abolished ID cards.
:34:59. > :35:00.And that stopped the indefinite retention of DNA profiles and
:35:01. > :35:07.fingerprints of those arrested and not convicted. And proud that we
:35:08. > :35:13.were formed stop and search. Where there are genuine concerns, I have.
:35:14. > :35:16.The first concern I have heard is that innocent Britons could get
:35:17. > :35:18.caught up in overseas investigations. I believe this is
:35:19. > :35:24.about catching criminals so we should ensure that only DNA profiles
:35:25. > :35:29.of those convicted of a crime can be searched again and we will write
:35:30. > :35:31.that into legislation. Secondly, there has been concerned that some
:35:32. > :35:38.countries lose lower scientific standards than the UK. -- use lower
:35:39. > :35:42.scientific standards. There was concern it could lead to false
:35:43. > :35:45.positives. That is why we will legislate to ensure that UK
:35:46. > :35:52.scientific standards will apply before any personal data can be
:35:53. > :35:55.revealed. This means we will be -- there will be a less than one in 1
:35:56. > :36:03.billion chants of the match not being true. We accept these
:36:04. > :36:13.standards locally and I suggest we employ them internationally.
:36:14. > :36:17.I support the safeguards, but can you explain how you will ensure they
:36:18. > :36:23.remain in place after the UK has been brought within the jurisdiction
:36:24. > :36:28.of the... Of the cause of justice of the European union.
:36:29. > :36:35.That is because how we deal with the data on the databases here is a
:36:36. > :36:38.national matter. The European Court of Justice does have some
:36:39. > :36:44.jurisdiction that they have jurisdiction over the process of the
:36:45. > :36:52.hit, no hit process, that mechanism that takes place. Beyond that it is
:36:53. > :36:56.within... How we hold the process on the database is a matter for
:36:57. > :37:01.national decision. I understand that this will bring
:37:02. > :37:05.the whole of our arrangements under the Charter of fundamental rights.
:37:06. > :37:08.Therefore the manner in which we retain DNA will be subject to
:37:09. > :37:14.European standards rather than standards set by this house.
:37:15. > :37:21.No... I have to say that we are able to determine the database, how and
:37:22. > :37:28.what we hold, is a matter for national decision. Articles two, one
:37:29. > :37:31.and three of the principal Prum decision say we need to inform the
:37:32. > :37:36.general public but which profiles will be made available for searching
:37:37. > :37:40.under Prum. Article five of the principal Prum decision-makers clear
:37:41. > :37:50.that the fault process to a head is subject to national law, not EU law.
:37:51. > :37:54.You have made a persuasive case. Can I ask for a moment of clarity as the
:37:55. > :38:00.expansion of judicial engagement into areas that of formerly been for
:38:01. > :38:04.the court of Parliament, I was wondering if you could just make it
:38:05. > :38:11.very clear the remit of the UK courts on this matter so that when
:38:12. > :38:17.it gets to a judicial review or a trial in front of the Supreme Court,
:38:18. > :38:21.they look back on the work spoken in the dispatch box today and see the
:38:22. > :38:24.will of Parliament in the decision and not the interpretation and they
:38:25. > :38:28.choose to make at that particular moment?
:38:29. > :38:32.I'm happy to say to my honourable friend not only that I am willing to
:38:33. > :38:37.make a comment, which I will do now, about the application of the
:38:38. > :38:40.European Court of Justice's jurisdiction in relation to our
:38:41. > :38:43.position. But in terms of the legislation. You will find if you
:38:44. > :38:48.look at the command paper that we are making clear those areas where
:38:49. > :38:53.national law applies. And indeed other tries to indicate earlier, the
:38:54. > :38:58.Prum Decisions are all about the exchange of data, not the manner in
:38:59. > :39:02.which the data is held here in the UK. Article 72 makes it clear that
:39:03. > :39:05.how we deal with DNA for our own security is a matter for member
:39:06. > :39:11.states and not for European jurisdiction. Just as a further
:39:12. > :39:15.safeguard, we will ensure that if a person is a minor when a DNA or
:39:16. > :39:18.fingerprints were taken, demographic details can only be released if a
:39:19. > :39:24.formal judicial request for assistance is made. Finally, as I
:39:25. > :39:27.made reference earlier, I will establish an independent oversight
:39:28. > :39:33.board to ensure Prum operate effectively. Commissioners will have
:39:34. > :39:36.seats on that board, so raw the Scottish police authority and other
:39:37. > :39:42.bodies from Scotland and northern Ireland. It's because all of these
:39:43. > :39:46.clear and stringent safeguards, it's because of all of these at the
:39:47. > :39:50.National DNA ethics board felt they could write to me in support of our
:39:51. > :39:55.decision to participate. I hope that those who have principal Civil
:39:56. > :39:59.Liberties concerns will listen to their views. There are costs
:40:00. > :40:05.associated with implementing this. When Labour signed up, they
:40:06. > :40:08.estimated a ?31 million cost. That was without providing any safeguards
:40:09. > :40:12.and without ensuring that Scotland and Northern Ireland would benefit
:40:13. > :40:16.fully. I have looked at this carefully and I am pleased to tell
:40:17. > :40:20.the House that at the same time as ensuring operational benefits
:40:21. > :40:22.nationwide, UK citizens get the protection they deserve, the
:40:23. > :40:27.Government will only need to spend ?30 million. Money spent
:40:28. > :40:37.implementing approval be recouped many times over. Members may have
:40:38. > :40:41.heard about it woman attacked and raped for dead in Beeston. West
:40:42. > :40:45.Yorkshire Police had only the victim's statement and the
:40:46. > :40:50.attacker's DNA. Suspecting that the assailant may not have been British,
:40:51. > :40:53.they submitted forms to Interpol and had the DNA profile searched against
:40:54. > :40:58.profiles held in other European countries. In two over two and a
:40:59. > :41:06.half months before a match was found in Slovakia. During that time,
:41:07. > :41:11.police had an followed over 1400 separate lines of enquiry after high
:41:12. > :41:15.cost. If it had been done good Prum, it would have taken 15 minutes. Just
:41:16. > :41:20.think of the time and money that would save the police, not to
:41:21. > :41:23.mention the benefit of the victim of knowing her attacker would be
:41:24. > :41:31.brought to justice. I can agree with Russell Foster. I'm going to... I
:41:32. > :41:35.need to make progress. The Assistant Chief Constable in West Yorkshire
:41:36. > :41:39.has said, I can state without any doubt whatsoever that enabling the
:41:40. > :41:43.EU Prum Decisions in this country will be of significant benefits to
:41:44. > :41:48.all UK law enforcement agencies. Do we want to save the police time and
:41:49. > :41:53.money? Do we want to catch more foreign criminals? Do we want to
:41:54. > :41:56.speed up and improve our cooperation with our closest allies? Do we want
:41:57. > :42:03.to extend the reach of our police across Europe? Do we want to benefit
:42:04. > :42:06.the whole of the United Kingdom? The answer to all these questions has to
:42:07. > :42:11.be yes and with the safeguards I've set out today I am confident we can
:42:12. > :42:19.protect the British public was also protecting Civil Liberties. Prum
:42:20. > :42:24.means more crimes solved or justice for victims. Money saved. All of the
:42:25. > :42:27.United Kingdom benefiting and civil liberties protected. Signing up to
:42:28. > :42:33.Prum is in the national interest and I commend this motion to the House.
:42:34. > :42:42.One big question is added on the order paper. Andy Burnham. Back in
:42:43. > :42:48.what feels like the mists of time, May 2005, to be precise, I was
:42:49. > :42:52.appointed to the Home Office and given responsibility for the
:42:53. > :42:56.development of the European Arrest Warrant. I think about the
:42:57. > :43:02.discussions I used to have with the honourable member for Stone on the
:43:03. > :43:07.issue. I also remember how the nature of that debate changed
:43:08. > :43:11.quickly in the aftermath of the seven slash seven bombings and in
:43:12. > :43:17.the field bombings on the 24th of July. It was found one of the bomb
:43:18. > :43:21.went to the Eurostar to Paris in the immediate aftermath of that failed
:43:22. > :43:26.bombing and travelled on to Rome where he was finally arrested on
:43:27. > :43:32.July the 29th. European arrest warrant was issued by the British
:43:33. > :43:37.police, agreed by the Italian courts on August 17 and after an appeal was
:43:38. > :43:42.rejected he was flown back to the UK on the 22nd of September, just two
:43:43. > :43:48.was a case that proved the value of was a case that proved the value of
:43:49. > :43:52.the European arrest warrant, to the heat out of the political debate
:43:53. > :43:57.about it and illustrated how the security of people here in the UK is
:43:58. > :44:02.in fact better self I ever closer cooperation between European law
:44:03. > :44:06.enforcement agencies. I give way to the honourable gentleman. As the
:44:07. > :44:11.right honourable gentleman is referred to me just now, can I just
:44:12. > :44:14.say that in Staffordshire there was a case under the European arrest
:44:15. > :44:21.warrant where a person was actively convicted of murder and was made
:44:22. > :44:26.subject to penalties and it was clear from subsequent evidence he
:44:27. > :44:34.wasn't even in Italy at the time, he was in Staffordshire. There are many
:44:35. > :44:38.similar examples. In any process, judicial process, there is the
:44:39. > :44:42.potential for mistakes and the miscarriage of justice. I would like
:44:43. > :44:44.to know without the honourable gentleman is honestly saying that he
:44:45. > :44:49.was right way back then about the European arrest warrant and that it
:44:50. > :44:55.has been a bad thing and should be scrapped. I think he would be in a
:44:56. > :44:59.small minority, as people have seen the benefits that have come to UK
:45:00. > :45:03.law enforcement since its introduction. I mention that case at
:45:04. > :45:08.the beginning of the day's debate because I see a parallel between
:45:09. > :45:15.that debate and address. Ten years on, as the Home Secretary said, we
:45:16. > :45:18.find ourselves in the aftermath of a horrific attack in one member state
:45:19. > :45:26.that was conceived and planned in another. I'm not the letter she has
:45:27. > :45:30.received from the minister encouraging our full participation
:45:31. > :45:35.in Prum. In these difficult times all others in this Howes have an
:45:36. > :45:42.obligation to consider every possible measure to protect public.
:45:43. > :45:47.It seems to me the case for greater data sharing access to data across
:45:48. > :45:52.Europe is now unanswerable and we have an obligation to support it. It
:45:53. > :45:58.is no exaggeration to say our national security depends upon it.
:45:59. > :46:02.This is why, as the Home Secretary said, the last Labour Government
:46:03. > :46:08.took the original decision to sign to the Prum in 2007, recognising
:46:09. > :46:15.their potential for our law enforcement agencies. It is also
:46:16. > :46:19.why, back in July 2013, we explicitly warned the Government
:46:20. > :46:24.against opting out of a whole range of EU Justice and home affairs
:46:25. > :46:29.measures, including Prum. As I understand it, the Government
:46:30. > :46:34.received warnings from other senior figures in UK law enforcement and
:46:35. > :46:39.they should have listened to them, Madam Deputy Speaker, because, as
:46:40. > :46:44.was pointed out back then, that decision seemed to be driven less by
:46:45. > :46:49.an objective assessment of the impact on crime prevention and
:46:50. > :46:53.detection, and more a political desire to appease the never
:46:54. > :46:58.satisfied forces of the euro scepticism on the benches opposite.
:46:59. > :47:03.As tempting as it is to say we told you so to the Home Secretary today
:47:04. > :47:08.will try and resist that and instead congratulate our eventually arriving
:47:09. > :47:13.at the right decision and encourage her to resist the forces of darkness
:47:14. > :47:21.who are again revealing their heads today. I will give weight to my
:47:22. > :47:26.honourable friend. In fact, the Home Secretary's speech today was the two
:47:27. > :47:31.at the fourth as to why we should have been in Prum last year. Think
:47:32. > :47:36.of the number of criminals we could have caught, or potential terrorists
:47:37. > :47:43.are found if we had only joined one year ago. It was a compelling -- yet
:47:44. > :47:49.it was a compelling and powerful case the Home Secretary has just set
:47:50. > :47:55.out. Revealing the zeal of the convert to the case and she was
:47:56. > :48:00.right to make her case with such force. I would say and I'm sure my
:48:01. > :48:06.right honourable friend would agree with me, the problem with the motion
:48:07. > :48:13.in the name of the member for Stone and others the ceiling is simple, it
:48:14. > :48:18.invites the house to prioritise the civil liberties are British citizens
:48:19. > :48:23.and risks UK sovereignty over and above risks to national security.
:48:24. > :48:29.That is what the amendment to the main motion invites us to do. Of
:48:30. > :48:34.course our liberties and sovereignty are important considerations, but
:48:35. > :48:39.the safety of the public must come first and indeed that is the primary
:48:40. > :48:46.duty of any Government and that is why the Government is right not to
:48:47. > :48:50.listen to the honourable member. The truth is they got themselves into
:48:51. > :48:53.difficulty two years ago by listening to those forces and local
:48:54. > :48:57.members on the Government benches will not make the same mistake
:48:58. > :49:04.today. I hope they will learn an important lesson from this episode.
:49:05. > :49:08.It was the European Council that required the Government after
:49:09. > :49:13.notification of the opt out to conduct and publish in business and
:49:14. > :49:17.implementation case assessing the costs and benefits of Prum. In other
:49:18. > :49:21.words. The EU forced the UK Government to face up to the
:49:22. > :49:24.benefits of European cooperation and in bringing this motion today house
:49:25. > :49:29.tonight they are effectively conceding the EU was right all
:49:30. > :49:33.along. That assessment was informed by a pilot undertaken earlier this
:49:34. > :49:40.year that the Home Secretary referred to. It found an
:49:41. > :49:45.overwhelming case to opt back in. It involved DNA samples from 2530
:49:46. > :49:50.unsolved British motors, rates and burglaries that were automatically
:49:51. > :49:55.checked against European police databases, searching the profiles
:49:56. > :50:06.against the databases of those member states revealed 71 seeing the
:50:07. > :50:16.person matches and 41 scene to scene matches. I give way. On his earlier
:50:17. > :50:20.point, it is not the greatest defence of security the civil
:50:21. > :50:27.liberties of the people? I would put it to the honourable gentleman that
:50:28. > :50:34.security comes first and that is the primary duty of any government-to
:50:35. > :50:39.keep the public safe. Once we have secured people's safety, their
:50:40. > :50:44.liberty comes from that security and that is why I believe the motion
:50:45. > :50:48.that is before the House tonight is before the Houston eight has got
:50:49. > :50:51.things the wrong way round. I considered there are incredibly
:50:52. > :50:55.important considerations but they are not more important than national
:50:56. > :51:01.security and any measures that enhance the security of the public
:51:02. > :51:05.in the end contribute to enhancing their liberty and that is why
:51:06. > :51:11.security must come first. As well as the matches the pilot found, it also
:51:12. > :51:17.found that information was provided in a much more timely manner that it
:51:18. > :51:22.had been under the old arrangements. In a matter of seconds, minutes or
:51:23. > :51:26.hours, drastically improving the speed and quality of
:51:27. > :51:30.investigations. At present, request by the British police DNA checks
:51:31. > :51:34.with other European forces require a request to the National crime agency
:51:35. > :51:39.which is then passed to Interpol before being passed to the relevant
:51:40. > :51:45.national police force. On average this takes 143 days for the results
:51:46. > :51:48.to come back. It is clear the benefits the UK law enforcement of
:51:49. > :51:51.opting in to come back. It is clear the benefits the UK law enforcement
:51:52. > :51:56.of opting into the Prum decisions are clear intent of speed of
:51:57. > :52:01.investigation and resources. DNA checks available than 15 seconds.
:52:02. > :52:08.Numberplate checks within ten seconds. Fingerprint matches within
:52:09. > :52:14.24 hours. She is emphasising the importance of DNA checks. Can he
:52:15. > :52:18.explain why the regulations specifically exclude the possibility
:52:19. > :52:26.of being able to take DNA samples from asylum seekers who are entering
:52:27. > :52:30.the European Union? I think that is to conflate two issues. That is not
:52:31. > :52:35.the issue we are discussing today. Let's be clear, so there is no
:52:36. > :52:40.misconceptions about this debate, we're talking here about the DNA of
:52:41. > :52:46.people convicted, if I understand the Home Secretary correctly, of a
:52:47. > :52:51.recordable crime. It seems to me that that provide sufficient
:52:52. > :52:58.safeguard against the abuse of such data. If he is making an argument
:52:59. > :53:02.for the wider collection of DNA as opposed to fingerprints, because
:53:03. > :53:05.fingerprints of people entering the country are collected, that would
:53:06. > :53:06.raise other civil liberties concerns that he would have to discuss with
:53:07. > :53:11.his colleagues. It seems to me he is his colleagues. It seems to me he is
:53:12. > :53:16.in bridging going even further than the Prum decisions. I do not believe
:53:17. > :53:21.we're at that point yet but perhaps he would like to return to that
:53:22. > :53:25.point with his right honourable friend the Home Secretary. If these
:53:26. > :53:29.things in which we live, Madam Deputy Speaker, the speed of
:53:30. > :53:34.investigation is essential. I would invite every member of this house to
:53:35. > :53:41.cast their minds back to those hours after we heard about the Paris
:53:42. > :53:47.bombings, or indeed the hours after the shocking attacks in London a
:53:48. > :53:51.decade or so ago. People hanging on the news, waiting for news of Leeds
:53:52. > :53:57.against those who may have committed these atrocities. That is what
:53:58. > :54:01.people want, they want the police and security services, in those
:54:02. > :54:06.moments, too that the cleanest line of sight possible across Europe so
:54:07. > :54:10.they can pursue immediate Leeds to track down those people. That is
:54:11. > :54:15.what we need to remember when we consider these issues before the
:54:16. > :54:19.house tonight. Whether or not we are prepared to give the police and
:54:20. > :54:24.security services, not just here, but across Europe, that ability to
:54:25. > :54:28.get on the trail of people, committing atrocities against us and
:54:29. > :54:34.track them down and in my view the case this unanswerable. We should
:54:35. > :54:41.give them that power. We should also ensure British police and security
:54:42. > :54:46.services have access to a much larger collection of biometric
:54:47. > :54:51.biographical data, which will lead to many more crimes she being sold
:54:52. > :54:56.that are currently unsolved. More victims if you are getting justice,
:54:57. > :55:01.which today they are denied. That must also be something in the
:55:02. > :55:06.forefront of our minds bash the earlier detection of crimes and the
:55:07. > :55:18.conviction of those responsible. Would you like as other countries to
:55:19. > :55:24.join Prum, such as Iceland 's? I personally see no objection to that,
:55:25. > :55:28.Madam Deputy Speaker,. I thinks that within Europe and get a clear set of
:55:29. > :55:32.standards and arrangements within Europe. One of the benefits of the
:55:33. > :55:35.EU which I would put Julie honourable gentleman is that it sets
:55:36. > :55:39.the standards that the rest of the world then begins to follow and we
:55:40. > :55:45.see that now with Norway and Iceland. They in effect how to
:55:46. > :55:51.follow all the norms of the EU if they want to be a trading partner,
:55:52. > :55:54.full partner, so I would not see a problem because the Home Secretary
:55:55. > :55:59.has said there are many safeguards here. Would the honourable gentleman
:56:00. > :56:03.be happy with someone committing a crime here, going back to Iceland
:56:04. > :56:08.and then avoiding justice? No, I would not be happy with that and I
:56:09. > :56:14.would with majors in place to ensure they could be brought to justice. It
:56:15. > :56:19.will also lead to much better use of police time and resources as the
:56:20. > :56:24.Home Secretary has said, and indeed, improve the intelligence picture
:56:25. > :56:30.that the crime and terrorism authorities have. In order so they
:56:31. > :56:31.can better understand the pattern that are taking place across Europe.
:56:32. > :56:41.I give way. I want to tease out a tiny bit
:56:42. > :56:45.further because he said earlier that security trumps civil liberties. Do
:56:46. > :56:53.you believe that security trumps the protection of our common-law system?
:56:54. > :56:58.I would reiterate that security comes first. It is the first
:56:59. > :57:03.responsibility of any government to secure the people who live here. To
:57:04. > :57:08.take reasonable measures to reduce the risk to them. From that
:57:09. > :57:14.foundation of security comes all of our traditions, our laws and our
:57:15. > :57:20.liberties. That's why I would say that cooperation in this field is a
:57:21. > :57:24.good thing, giving about the nature of crime now is international. If we
:57:25. > :57:31.fail to understand that, our own legal system will never be able to
:57:32. > :57:38.respond to the changing nature of crime that we face. I give way.
:57:39. > :57:42.I agree with the appointees making that it's sensible to cooperate, but
:57:43. > :57:47.does this cooperation and need the institution of the European Union?
:57:48. > :57:52.Why shouldn't it, if the corporation is improved by the institution of
:57:53. > :57:56.the European Union? He is putting a kind of in-built dislike and
:57:57. > :58:01.distrust of those institutions are head of the actual issue before us.
:58:02. > :58:07.This is what I think some honourable members on the other side are doing.
:58:08. > :58:09.Judge this on its merits. Surely the better you can facilitate that
:58:10. > :58:14.cooperation, the more benefit it will bring back to the police and
:58:15. > :58:18.security services? If I was working through established institutions I
:58:19. > :58:22.would imagine that cooperation will be enhanced rather than making ad
:58:23. > :58:26.hoc arrangements government to government. That is the benefit of
:58:27. > :58:30.the European Union, which I know he probably doesn't accept. I would say
:58:31. > :58:37.that the Government has come to the right decision, albeit in a
:58:38. > :58:42.roundabout way. But I would like to press the Home Secretary on a few
:58:43. > :58:47.points of detail. First, cost. She said in her remarks that back when
:58:48. > :58:53.the original assessment was made about the cost of opting in to Prum,
:58:54. > :58:57.the cost was 31 million. She now says it is 13 million. We are
:58:58. > :59:03.prepared to accept that now on face value, but she can she say what is
:59:04. > :59:07.acceptable for such a significant reduction in the cost? The business
:59:08. > :59:11.and implementation case say the Testament is based on a high-level
:59:12. > :59:18.requirement. It implies it isn't a fully fledged level of Prum, just a
:59:19. > :59:22.high-level. And what are the downstream operational running costs
:59:23. > :59:29.that the business refers to? How much will it cost every year to run
:59:30. > :59:34.the systems that are bent -- set against the benefits she says it
:59:35. > :59:44.would bring? Can she also say watch the UK will be liable to pay back if
:59:45. > :59:47.the House doesn't back this decision this evening? I understand it is a
:59:48. > :59:54.significant sum of money, maybe it would help the house to know that.
:59:55. > :00:00.We welcome the appointment of the oversight board. There is concern,
:00:01. > :00:05.however, that extradition should not be possible under a European arrest
:00:06. > :00:09.warrant purely on the basis of a DNA or a fingerprint match. I think this
:00:10. > :00:13.was the point that the honourable gentleman for Orkney and Shetland
:00:14. > :00:19.was raising earlier. I understand that other corroborating evidence
:00:20. > :00:23.should also be required before extradition can be granted. I think
:00:24. > :00:26.the Home Secretary was confirming that, but it would be helpful to the
:00:27. > :00:34.House if she could stay a little more on that at some point. I'm
:00:35. > :00:41.reassured that... I apologise to the member for Orkney
:00:42. > :00:47.if I slightly misunderstood the question that he had asked. It'll be
:00:48. > :00:50.my expectation of the European arrest warrant would require more
:00:51. > :00:54.evidence. We have put a number of safeguards in to the way in which
:00:55. > :00:59.European arrest warrant is operated to ensure that we don't see people
:01:00. > :01:03.erroneously being extradited from the UK. I would expect there to be
:01:04. > :01:07.more evidence on the basis of the European arrest warrant being
:01:08. > :01:10.issued. Normally those processes will apply even when there has been
:01:11. > :01:14.a Prum hit. I think the whole house will find
:01:15. > :01:20.that explanation helpful because I have shared concerns with others but
:01:21. > :01:23.if the match could then trigger a European arrest warrant immediately
:01:24. > :01:26.without any other evidence, everybody would find that's
:01:27. > :01:33.worrying. She has reassured the House on that point. It is also
:01:34. > :01:36.reassuring that it's only people convicted of recordable crime that
:01:37. > :01:42.can be searched by another police force. That still doesn't take away
:01:43. > :01:46.the higher level of concern that there would be about the sharing of
:01:47. > :01:49.DNA profiles from named individuals. I think that would be
:01:50. > :01:54.where a lot of concern about this is. Can the Home Secretary say
:01:55. > :01:59.whether she feels the need to be a higher proportionality test in this
:02:00. > :02:03.area links to more serious crime and terrorism, and whether she would
:02:04. > :02:08.favour such a strict test before DNA information can be shared with
:02:09. > :02:12.another police force? That would be something where perhaps a higher
:02:13. > :02:16.safeguard could be introduced. It might limit blanket person to person
:02:17. > :02:20.searches which bring potential for abuse. Could she say who would
:02:21. > :02:27.actually take the decision whether or not to share personal information
:02:28. > :02:30.if a match is made? Would it be a designated individual within a
:02:31. > :02:40.police force, or would all decisions be taken at national level by MCA
:02:41. > :02:43.officials? I think it is important to have clarity about who would be
:02:44. > :02:47.making these decisions. If it is an individual only making one or two in
:02:48. > :02:50.the course of a year as opposed to officials dealing with many of them,
:02:51. > :02:54.people would have more confidence if they were dealing with a good number
:02:55. > :02:59.so they were able to weed out the more frivolous requests. Can she say
:03:00. > :03:06.whether all participating nations will collect DNA profiles from crime
:03:07. > :03:10.scenes using a shared quality assurance standard? That, too, is a
:03:11. > :03:13.cause of concern that there isn't uniformity across Europe on those
:03:14. > :03:20.points and people will want to be reassured on it. Finally, if she
:03:21. > :03:24.could say something about the extent to which the jurisdiction of the
:03:25. > :03:30.European Court of Justice is extended by the Prum decision if we
:03:31. > :03:35.choose to opt into it. As I understand, it is quite a minor
:03:36. > :03:39.extension of their jurisdiction. The fear is not as expressed by some in
:03:40. > :03:47.the motion of this evening. If you could say exactly what it does to
:03:48. > :03:52.extend the jurisdiction. With those caveats, and they are just caveats,
:03:53. > :03:57.I would want to conclude by saying we believe on these benches that the
:03:58. > :04:00.Government has reached the right decision. Albeit in a roundabout
:04:01. > :04:06.way. But they do deserve our support this evening. I hope they will agree
:04:07. > :04:11.with me that this whole issue and the way in which this point has been
:04:12. > :04:17.reached illustrates how our continued membership of the European
:04:18. > :04:22.Union in Hanson is the security of our country in these difficult times
:04:23. > :04:26.-- enhancers. The Home Secretary has made a convincing and powerful case
:04:27. > :04:31.tonight to rejoin the Prum decision and she will have our support in
:04:32. > :04:34.taking an important step to catch more criminals and keep our country
:04:35. > :04:42.safe. Sir William Cash.
:04:43. > :04:48.Thank you. In these troubling times, this debate raises troubling
:04:49. > :04:53.questions in respect of vital matters of policy and of principle.
:04:54. > :04:58.And not only for the United Kingdom as a whole and our Parliament, but
:04:59. > :05:05.also our civil liberties and our common law. First and foremost,
:05:06. > :05:10.before reaching a decision on our participation in Prum, we should
:05:11. > :05:14.weigh carefully the implications for our Parliamentary sovereignty from
:05:15. > :05:20.which all law should ultimately derive. The Government should have
:05:21. > :05:23.clearly set out the areas in which the United Kingdom would be
:05:24. > :05:30.accepting exclusive EU competence by opting into Prum, which means that
:05:31. > :05:39.only the EU could act in those areas and take the decision away from
:05:40. > :05:43.Parliament. How assiduously has the Government considered alternative
:05:44. > :05:49.means of securing the benefits that Prum offers in a way that will be
:05:50. > :05:57.less damaging to our Parliamentary sovereignty? Secondly, in a written
:05:58. > :06:03.act of the EU as a whole, what is so special about our concerns regarding
:06:04. > :06:06.security and the question of terrorism and organised crime, and
:06:07. > :06:10.all these things which we all deplore and wants to control that
:06:11. > :06:17.makes it so special about the European Union itself has compared
:06:18. > :06:21.an example in relation to matters which arise in other parts of the
:06:22. > :06:25.world? What is the real distinction to be drawn in terms of protecting
:06:26. > :06:31.our citizens, whether it is the EU on the one hand or any of the other
:06:32. > :06:34.countries in the world on the other? Secondly, by participating in Prum,
:06:35. > :06:39.the United Kingdom would be compelled to accept the jurisdiction
:06:40. > :06:43.of the Court of Justice. The extension of that court's
:06:44. > :06:50.jurisdiction under the Lisbon and treaty to sense that areas of
:06:51. > :06:54.criminal law was the key factor in the previous government's decision
:06:55. > :07:01.to opt out... Of course. Listen carefully to what he said. He
:07:02. > :07:05.asked what is so special about national security in that it
:07:06. > :07:12.requires... He did. Which means it requires a European dimension. Does
:07:13. > :07:17.he not agree that the Paris attacks were exclusively planned in another
:07:18. > :07:22.member state and says his question? No, it does not. Because the reasons
:07:23. > :07:27.why that terrible carnage took place have a great deal to do with the
:07:28. > :07:32.insecurity and instability as a result of the failure is of border
:07:33. > :07:36.controls, and the manner in which people made their way to Paris. We
:07:37. > :07:41.haven't got time and it's not the subject of this debate to go into
:07:42. > :07:46.all those matters here and now, but I question whether in fact the
:07:47. > :07:50.national security, with respect to the United Kingdom's citizens, which
:07:51. > :07:54.is our prime concern here, will be advanced by surrendering of these
:07:55. > :08:02.powers to the European Court. I shall continue. The question of the
:08:03. > :08:10.Government, even today, arises that the Government concedes itself.
:08:11. > :08:15.Accepting the court's jurisdiction would not be risk-free, the
:08:16. > :08:19.Government should have explained what practical impact the extension
:08:20. > :08:25.of the court's jurisdiction in relation to the UK would be expected
:08:26. > :08:29.to have had. It has not done so. Thirdly, the Government says it
:08:30. > :08:34.intends to put in place extra safeguards to ensure that Prum would
:08:35. > :08:38.operate in a way, and I quote, that respects the civil liberties of
:08:39. > :08:43.British citizens and liberty themselves gave evidence to the
:08:44. > :08:47.House of Lords on a number of matters in this respect. In the
:08:48. > :08:53.report of the European scrutiny committee, which was being
:08:54. > :08:57.published, the other day, we make clear that there is an important
:08:58. > :09:00.balance to strike between law-enforcement cooperation,
:09:01. > :09:04.particularly when it involves the exchange of personal data, and the
:09:05. > :09:08.need to protect individuals against the risk of false incrimination and
:09:09. > :09:14.unwarranted interference in direct depravity. The Government's
:09:15. > :09:20.implementation case is only to provide anecdotal evidence of where
:09:21. > :09:27.Prum has been instrumental in advancing investigation or securing
:09:28. > :09:31.a conviction. The evidence of the value and impact of Prum which we
:09:32. > :09:36.have been given in respect of law enforcement makes it very difficult
:09:37. > :09:41.to measure its added value and to ensure an appropriate balance is
:09:42. > :09:46.being struck. We find this lack of transparency and accountability very
:09:47. > :09:50.troubling. I will give way. I can only assume that I slightly
:09:51. > :09:53.misheard what he said. He appeared to say the only evidence we have
:09:54. > :09:59.given about the benefits of Prum is anecdotal. We have undertaken a
:10:00. > :10:04.pilot with four other member states in the European Union. That was
:10:05. > :10:10.based on the exchange of a certain number of DNA profiles. It led to
:10:11. > :10:14.hits and as in the case of the remaining rapist identified, it led
:10:15. > :10:18.to somebody being charged. That is not anecdotal, it is something that
:10:19. > :10:24.has happened. Somebody being brought to justice as a result of Prum.
:10:25. > :10:30.The Home Secretary used the expression "pilot scheme". That was
:10:31. > :10:35.only a small-scale pilot scheme. It's very small and that is the
:10:36. > :10:40.basis on which we question, or I certainly question, the extent to
:10:41. > :10:45.which the evidence she is referring is sufficiently broad-based to
:10:46. > :10:49.justify this extremely grave extension of powers to the European
:10:50. > :10:55.Court of Justice. The main risks highlighted by the Government are
:10:56. > :11:00.the remaining possibilities of so-called false positives, leading
:11:01. > :11:07.to the false incrimination of innocent individuals. Cost, confirm
:11:08. > :11:12.all of jurisdiction on the court, and a high volume of requests
:11:13. > :11:13.bearing in mind the UK has the largest criminal fingerprint and DNA
:11:14. > :11:28.databases. I appreciate his explanation on this
:11:29. > :11:33.issue. To pick up on the point he made about the lack of scale of the
:11:34. > :11:39.pilot, what does he say about the fact and evidence being that our
:11:40. > :11:45.security and law enforcement services will have access to over 5
:11:46. > :11:49.million fingerprints and DNA profiles, and in the pilot the
:11:50. > :11:55.British police sent out over 2500 profiles. When it comes to scale,
:11:56. > :12:00.surely the evidence is compelling? The scale is to be weighed against
:12:01. > :12:06.the extension into the realm of the court of justice. That is the TSU.
:12:07. > :12:13.The fact is the European jurisdiction is now considered by
:12:14. > :12:20.the Government, which it was refusing to do before. In addition
:12:21. > :12:28.to this, this entire exercise represents the most entire Utah in
:12:29. > :12:33.Government policy since 2013. There has been some focus on the scale of
:12:34. > :12:39.the pilot scheme. Heidi honourable member had a chance to consider page
:12:40. > :12:42.23 of the command paper? Which helpfully outlines the delay with
:12:43. > :12:49.the Interpol system and the very first example indicates someone who
:12:50. > :12:52.after four or five months of Interpol application, having
:12:53. > :12:57.committed more offences from London through to Essex, whereas through
:12:58. > :13:03.Prum he could have been detected much earlier. There are a number of
:13:04. > :13:07.cases with some improvements can be made, but in respect of the
:13:08. > :13:12.difference between what we're doing in the European Union as it affects
:13:13. > :13:16.the UK and what is happening in the EU as compared to other countries,
:13:17. > :13:22.we still have those problems in the other countries, and extending the
:13:23. > :13:27.range of jurisdiction to the European Court of Justice will not
:13:28. > :13:31.deal with the problem. In reaching a decision, parliament is entitled to
:13:32. > :13:37.know which measures the UK would be opting back into by joining Prum.
:13:38. > :13:42.The relevant factors that have prompted this change of policy in UK
:13:43. > :13:46.participation in Prum and how the concerns expressed by the previous
:13:47. > :13:51.coalition government in July 2013 have been resolved, on which we have
:13:52. > :13:56.heard almost nothing today. The Government motion is far from clear
:13:57. > :14:02.on the measures that the UK will be rejoining if Parliament votes for it
:14:03. > :14:06.today. The motion refers only to the Prum decisions, but there are in
:14:07. > :14:14.fact three measures, to cultural decisions adopted in 2008 and a
:14:15. > :14:22.third adopted in 2009 on the accreditation of forensic service
:14:23. > :14:29.providers. -- Council decisions. Whether it accepts it as an integral
:14:30. > :14:35.part of the Prum package. In July 2013, the previous Government told
:14:36. > :14:41.parliament that Prum would be too costly to implement. The estimate as
:14:42. > :14:44.I understand was ?31 million. Either way, the Government also expressed
:14:45. > :14:49.concern that Prum current technical requirements were out of date and it
:14:50. > :14:53.would be better to see if there was a more modern solution to allow
:14:54. > :14:58.better of exchange of information, for example producing fewer false
:14:59. > :15:02.positives or requiring less human intervention. The Government now
:15:03. > :15:08.suggests implementing Prum would be cheaper, and 13 million and not 31
:15:09. > :15:12.million. How can it back for such a significant reduction in such a
:15:13. > :15:17.short space of time and how credible is the cost assessment on which the
:15:18. > :15:22.revised estimate is based? The Government does not explain what
:15:23. > :15:26.efforts have been made to craft a more modern solution based on more
:15:27. > :15:30.up-to-date technical requirements, which would substantially reduce the
:15:31. > :15:35.risk of false positives, not just in the UK but also in the EU. The
:15:36. > :15:42.Government says it will apply a higher technical standards than are
:15:43. > :15:46.required by Prum for the UK DNA and fingerprint databases. You must
:15:47. > :15:52.recall that DNA profiles and fingerprints of witnesses may also
:15:53. > :15:56.be held on foreign databases and may be made subject to less rigorous
:15:57. > :16:01.standards than those proposed by the Government. All in all, this is not
:16:02. > :16:07.a motion that should be passed for the reasons I have given, it
:16:08. > :16:11.interferes with parliamentary Southern the range of the European
:16:12. > :16:15.courts and the Prime Minister himself up made it clear he does not
:16:16. > :16:21.want an extension of EU jurisdiction and indeed the Home Secretary
:16:22. > :16:26.herself has said as much, I believe. This is not a motion that stands up
:16:27. > :16:36.and we should not opt in to these proposals and as far as many of us
:16:37. > :16:39.are concerned it is a step too far. I would like to thank the Home
:16:40. > :16:43.Secretary for her statement today and also for the captaincy of giving
:16:44. > :16:47.myself and the Scottish Government informed of our planned in advance
:16:48. > :16:52.of today's's motion. May I agree with the Shadow Home Secretary that
:16:53. > :16:57.the Home Secretary has made a powerful and convincing case for
:16:58. > :17:02.participating in the Prum decisions. It seems clear the UK participation
:17:03. > :17:07.in these decisions will give police forces across the UK accelerated
:17:08. > :17:12.access to millions of fingerprints, DNA profiles and car registration
:17:13. > :17:16.records held across Europe. Such cooperation can only be a good
:17:17. > :17:20.thing, provided they are in-built safeguards respecting civil
:17:21. > :17:24.liberties and adherence to the highest of scientific standards. I
:17:25. > :17:29.would like to welcome the UK Government's engagement with 40
:17:30. > :17:33.Scottish Government and police Scotland with the implementation of
:17:34. > :17:39.the case. I and my colleagues at Holyrood are encouraged. On the
:17:40. > :17:43.basis that the necessary civil liberty safeguards and scientific
:17:44. > :17:46.standards will be built into the legislation and that is proper and
:17:47. > :17:51.full involvement of the Scottish Government, the SNP will support
:17:52. > :17:56.this motion today. I would like to thank the Home Secretary for clearly
:17:57. > :18:01.confirming the Scottish Government, Scottish police authority and Police
:18:02. > :18:03.Scotland will be included in the membership of the group the
:18:04. > :18:05.oversight of Prum. And Police Scotland will be included in the
:18:06. > :18:09.membership of the group the oversight of Prum. I would also like
:18:10. > :18:13.to UK Government will continue to make sure the views of the people of
:18:14. > :18:20.Scotland are given due consideration in the implementation of these
:18:21. > :18:24.decisions. Clear benefits of Prum for Scottish policing have already
:18:25. > :18:29.been shorn. The Home Office pilot exercise has already produced two
:18:30. > :18:33.hits for serious historic sexual crimes in Scotland and these are
:18:34. > :18:37.currently being assessed and investigated. Prum clearly offers
:18:38. > :18:42.advantages to police Scotland over the current system, both in terms of
:18:43. > :18:47.the speed of response and the ability to identify perpetrators
:18:48. > :18:51.more quickly and bring them to justice quicker. As we have heard,
:18:52. > :18:53.all international enquiries must be written to justice quicker. As we
:18:54. > :19:00.have heard, all international enquiries must be a response to be
:19:01. > :19:04.received and far less crime requests as we have heard, it can take many
:19:05. > :19:10.days and ended weeks of months for responses to be received. Under
:19:11. > :19:15.Prum, DNA and fingerprint that that will be uploaded from the relevant
:19:16. > :19:18.national databases and this can be automatically searched, with any
:19:19. > :19:26.hits a big north spotted immediately. Father data quality
:19:27. > :19:31.checks are then carried out by member states and on completion of
:19:32. > :19:37.full data exchange can take place and this is going to be much quicker
:19:38. > :19:41.under Prum and under the current system. Equally with vehicle
:19:42. > :19:47.registration checks, an EU wide vehicle registration check can be
:19:48. > :19:51.completed instantly under Prum, compared to several days at present.
:19:52. > :19:56.In relation to the issue of oversight, I think it was originally
:19:57. > :20:00.proposed by the home of is that the information Commissioner and
:20:01. > :20:02.biometrics commissioner would be responsible for auditing UK
:20:03. > :20:06.compliance with Prum and this is problematic for Scotland because
:20:07. > :20:11.their roles in Scotland, although they have a UK wide role, both these
:20:12. > :20:16.officials, limited remote in Scotland. For example, the biometric
:20:17. > :20:23.Commissioner's role is to keep under review the use of DNA samples by the
:20:24. > :20:28.police, but these functions do not in the main extent to Scotland. The
:20:29. > :20:32.collection of DNA profiles and samples in Scottish cases does not
:20:33. > :20:36.fall within the biometric Commissioner's we met at these
:20:37. > :20:41.issues are all the devolved and form part of Scottish criminal procedure.
:20:42. > :20:45.It is against that background I am grateful to the Home Secretary for
:20:46. > :20:50.confirming the oversight group that will be set up will include members
:20:51. > :20:53.of the Scottish Government, police authority and Police Scotland as
:20:54. > :20:58.this will provide a vehicle to feed and any views or concerned about
:20:59. > :21:02.compliance in Scotland. As I have already alluded to, Prum is a
:21:03. > :21:06.mixture of resort and devolved matters and that is why discussions
:21:07. > :21:11.are ongoing between Scottish and UK governments to establish what, if
:21:12. > :21:15.any, legislation will be required to be laid before the Scottish
:21:16. > :21:20.Parliament and I was again thank the Home Secretary for continued
:21:21. > :21:22.cooperation with the Scottish Government in this regard. Coming to
:21:23. > :21:25.civil liberties and safeguards which has been the subject of several
:21:26. > :21:31.interventions today, the Scottish National Party are pleased to read
:21:32. > :21:35.in the business implementation gives the Government recognised that will
:21:36. > :21:38.significant civil liberties concerns about the operation of Prum and I am
:21:39. > :21:42.pleased to see the Government has taken on board some of the key
:21:43. > :21:50.objections previously put forward by civil liberties group 's. I'm not
:21:51. > :21:54.the Home Secretary has also said a statement today she would use her
:21:55. > :21:59.commitment to addressing civil liberties issues in relation Prum. I
:22:00. > :22:04.believe it is crucial if correct balance is struck between preventing
:22:05. > :22:08.crime, protecting national security and individual civil liberties and
:22:09. > :22:12.in particular the right to privacy. The Home Office have proposed a
:22:13. > :22:16.number of safeguards, and the SNP are very pleased to support those.
:22:17. > :22:21.In particular we are happy with the suggestion that any personal data
:22:22. > :22:26.the UK sends to another member state must not be stored permanently on
:22:27. > :22:31.their systems and cannot be stored longer than is legal in the country
:22:32. > :22:33.sending it. We're also pleased that will be oversight and periodic
:22:34. > :22:39.checks of the lawfulness of the supply of data in compliance Prum.
:22:40. > :22:43.We also note it is to be provided that if a foreign member state
:22:44. > :22:46.searches would be any of fingerprints and that search is
:22:47. > :22:51.matched with a UK citizen aged under 18, their personal data can only be
:22:52. > :22:58.accessed if mutual legal assistance channels are used and the UK, as I
:22:59. > :23:00.understand it, will not share the data BOOING
:23:01. > :23:05.Data falls under raking through Prum.
:23:06. > :23:10.I also wondered understand that if the crime is very minor the UK can
:23:11. > :23:16.refuse to send personal data. There is then the higher scientific
:23:17. > :23:24.standard to which the Home Secretary added. Instead of the minimum
:23:25. > :23:26.requirements for Prum, the UK Government will require personal
:23:27. > :23:33.data will not be supplied unless the DNA match is at ten or more and that
:23:34. > :23:37.means the chances of a hit being wrong and less than what any
:23:38. > :23:40.building, which under Scottish criminal procedure is beyond
:23:41. > :23:46.reasonable doubt. Finally, I very much the undertaking that the UK
:23:47. > :23:51.will ensure only those convicted of the crime can be searched in the DNA
:23:52. > :23:54.fingerprint databases. I would applaud this as an line with what
:23:55. > :23:57.has been standard practice in Scotland for some years and they
:23:58. > :24:04.appreciate the coalition government embarked on this route is in recent
:24:05. > :24:08.years. As I said earlier, these safeguards have been welcomed by
:24:09. > :24:11.civil liberties groups, but it is worth mentioning some civil
:24:12. > :24:17.liberties groups, and in particular Big Brother Watch mentioned by the
:24:18. > :24:24.Right honourable member for Ben Shephard earlier have some concerns
:24:25. > :24:29.in relation to some aspects of Prum. They have raised in particular
:24:30. > :24:33.issues in regard to the vehicle registration database. That holds
:24:34. > :24:37.the personal details of all drivers and of course the majority of those
:24:38. > :24:42.are not criminals. We will build into the system safeguards or DNA
:24:43. > :24:48.and fingerprint data to predict the date of innocent people and I wonder
:24:49. > :24:50.if some consideration may be given as to whether similar safeguards
:24:51. > :24:56.should be built in to the recovery of vehicle registration data, at
:24:57. > :25:03.least to some extent, because I know the Home Secretary said the Home the
:25:04. > :25:11.innocent will have nothing to fear. Similar concerns with the EU wide
:25:12. > :25:14.database of asylum seekers and migrants fingerprints. The persons
:25:15. > :25:19.whose fingerprints are on this database are not criminals, not
:25:20. > :25:24.necessarily criminals. Their fingerprints are there because they
:25:25. > :25:29.are asylum seekers. Again, I wonder if the Home Secretary would agree it
:25:30. > :25:33.is at the appropriate we look at putting in safeguards to ensure that
:25:34. > :25:40.database is only accessed in the most serious cases. I'd like to
:25:41. > :25:44.thank the Home Secretary in relation to the issue of the European arrest
:25:45. > :25:52.warrant for confirming a concern I myself had and was raised by Big
:25:53. > :25:55.Brother Watch. Nolan. We wondered where the fingerprint of number
:25:56. > :25:58.plate would be enough to request the extradition of a British citizen or
:25:59. > :26:01.if further evidence would be required I am pleased to get
:26:02. > :26:04.Secretary Secretary confirmed clearly further evidence would be
:26:05. > :26:10.required before a European arrest warrant could be issued or
:26:11. > :26:14.implemented. In conclusion, I would like to see something briefly about
:26:15. > :26:17.the jurisdiction of the Court of Justice of the European Union.
:26:18. > :26:22.Unlike others and this house who we have already heard from today, the
:26:23. > :26:27.SNP does not fear the jurisdiction of the Court of Justice of the
:26:28. > :26:31.European Union. Unlike those who are saying Amendment AA, we believe that
:26:32. > :26:38.far from threatening the civil liberties of British citizens, this
:26:39. > :26:42.will ensure they are upheld. It is of course open to this Parliament to
:26:43. > :26:43.set higher standards in relation to human rights and civil liberties if
:26:44. > :26:53.it wishes to do so. Thank you. I would like to support the
:26:54. > :27:00.government's proposals on this matter, partly from my own
:27:01. > :27:07.experience in fighting criminality and cross-border criminality. In the
:27:08. > :27:12.Home Office. But also because from both sides, we have heard a powerful
:27:13. > :27:16.argument that taking this decision tonight will make our streets safer
:27:17. > :27:22.and citizens safer. And I cannot think of a more good use of
:27:23. > :27:28.Parliamentary time. They did to it at the moment, it could not be more
:27:29. > :27:34.timely than now -- especially at the moment. Given the terrible events
:27:35. > :27:40.not just in European countries but around the world in recent weeks and
:27:41. > :27:42.months. Everything we can do in this House to protect our citizens and
:27:43. > :27:46.give them reassurance that everything is being done to make our
:27:47. > :27:52.streets as safe as possible seems to me well worth doing at the moment.
:27:53. > :27:58.The point I would make is that it is relatively unusual that Home Office
:27:59. > :28:02.can invite the House to take a decision like this on the basis of
:28:03. > :28:07.hard evidence. When you adopt a new policy, inevitably it is often the
:28:08. > :28:11.case you have to assume something is going to work and sometimes it does
:28:12. > :28:17.and sometimes it does not. But we have had the benefit in this case of
:28:18. > :28:20.the pilot that has been much discussed. And it seems to me the
:28:21. > :28:28.arguments from that cannot be... arguments from that cannot be...
:28:29. > :28:33.Even that small scale pilot has made the streets of this country safer.
:28:34. > :28:38.So extending it to the full benefits we would get from the Prum measures
:28:39. > :28:45.seem to me extremely sensible. And that is why this postal is supported
:28:46. > :28:50.by people throughout the common justice system -- puzzle. The Home
:28:51. > :28:53.Secretary has quoted a number of senior police officers, the
:28:54. > :28:58.Commissioner of the Metropolitan police, the director-general of the
:28:59. > :29:04.National Crime Agency. And also, one of the Chief Constables involved a
:29:05. > :29:09.sensitive case. It is interesting that further down the criminal
:29:10. > :29:14.justice pipeline, the Director of Public Prosecutions is also down
:29:15. > :29:20.supporting this, she says it will reduce the number of unsolved crimes
:29:21. > :29:25.such as murder and rape committed by foreign nationals and provide an
:29:26. > :29:32.improved service to the public and victims, which is a group we should
:29:33. > :29:37.always be concerned about. And there are the advantages of doing this
:29:38. > :29:45.spread across a number of areas, it is not just the simplified processes
:29:46. > :29:52.to request information and data. Although they are vitally important.
:29:53. > :29:55.It will be deemed viciously -- the efficiency gains, allowing
:29:56. > :29:58.simultaneous searches in a number of countries at once. That is a
:29:59. > :30:05.significant step forward in practical crab like. Of course.
:30:06. > :30:10.One of the forces of dog was referred to earlier, I do not agree
:30:11. > :30:13.with giving more power to any of the body but I do accept the argument
:30:14. > :30:19.about the international element of this. And it is not just a European
:30:20. > :30:25.element. On that case, a support sharing of data because it does make
:30:26. > :30:28.streets safer. I regret it is framed in this European way but we are
:30:29. > :30:34.where we are, fortunately. I can only say to my honourable
:30:35. > :30:41.friend that it would be absurd to let the best be the enemy of the
:30:42. > :30:44.good. It would be wonderful if 185 states had the technical capacity as
:30:45. > :30:52.the ability to exchange information in this way. But they don't. I think
:30:53. > :30:58.it is true only 21 of the member states of the European Union can do
:30:59. > :31:01.that now. I got the sense from other honourable France they would proceed
:31:02. > :31:08.on that basis to say that we should not sign up to this now seems to be
:31:09. > :31:12.a nonsense -- honourable members. It would continue to leave our streets
:31:13. > :31:19.not as well detected as we would wish. I give way.
:31:20. > :31:25.I rise because for me, the problem of cross national justice sometimes
:31:26. > :31:29.countries will be very keen to convict foreigners. So you have a
:31:30. > :31:35.propensity to miscarriages of justice, we saw it with the Greek
:31:36. > :31:40.issue. The plane spotters. And he has been in the position of
:31:41. > :31:43.suffering a politically driven miscarriage of justice. What is
:31:44. > :31:47.interesting to me is the Home Office has done a good job here of
:31:48. > :31:52.preventing false positives and the miscarriages of justice. I do often
:31:53. > :31:58.agree with my right honourable friend and he is right. I am not for
:31:59. > :32:04.obvious reasons and on critical admirer of everything the police do.
:32:05. > :32:09.I regard myself as a candid friend of the police. But it is extremely
:32:10. > :32:15.important technical measures that can be taken to minimise false
:32:16. > :32:20.positives and possible miscarriages of justice are taken at all times.
:32:21. > :32:25.And I agree that the reassurances the Home Secretary has been able to
:32:26. > :32:34.give on that matter are extremely important. One of the advantages and
:32:35. > :32:41.would like to refer to before I move on to the potential risks is
:32:42. > :32:43.precisely the access to Eurodac that my honourable friend from
:32:44. > :32:49.Christchurch referred to. The EU wide database of asylum seekers and
:32:50. > :32:55.illegal migrants, that thing the Prince. This change allows that to
:32:56. > :32:59.be used for criminal investigation searching -- fingerprints. It will
:33:00. > :33:03.be aimed precisely at potential criminals and not at innocent people
:33:04. > :33:09.who may have been caught up in something and that I think is a key
:33:10. > :33:14.underpinning safeguard. The overwhelming advantage is
:33:15. > :33:17.straightforward, speed. Anybody who looks at practical for enforcement
:33:18. > :33:22.will know that the speed of response is hugely important in making police
:33:23. > :33:27.operations more effective, especially internationally. It is
:33:28. > :33:32.regrettably topical to say that is especially true when the police
:33:33. > :33:36.attempt to deal with a terrorist outrage. The fact it may take
:33:37. > :33:43.minutes or 24 hours rather than months to get evidence is absolutely
:33:44. > :33:48.vital. So the advantages are clear cut and widespread. There are two
:33:49. > :33:54.areas of risk for people associated with this system. One, I think, is
:33:55. > :33:59.genuine. One, I think, is the result of the application of some
:34:00. > :34:04.wrong-headed ideology. Let me go with the genuine one first. This is
:34:05. > :34:10.the fear this measure will intrude on our privacy, damage data
:34:11. > :34:15.protection and therefore affect adversely our civil liberties. I do
:34:16. > :34:21.take this very seriously. I think it is extremely important that we deal
:34:22. > :34:26.with security alongside other civil liberties. I may have misunderstood
:34:27. > :34:30.the Shadow Home Secretary and I agreed with a lot of what he said
:34:31. > :34:34.but I do not agree that you have security and once you have got
:34:35. > :34:39.that, after that, you worry about Civil Liberties. I think civil
:34:40. > :34:42.liberties is one of the important things governments should guarantee
:34:43. > :34:46.but there are other civil liberties extremely important and we have to
:34:47. > :34:52.defend them all in parallel. And if necessary, strike the right balance.
:34:53. > :34:57.And I do think this is striking the right balance. I think we will have
:34:58. > :35:02.stringent safeguards and the Q1, I return to, is to ensure that
:35:03. > :35:08.convicted criminals get targeted by this -- the key one. When you use
:35:09. > :35:12.these large-scale databases, especially on an international
:35:13. > :35:15.basis, what you want to be doing is targeting people who have been
:35:16. > :35:20.convicted of a crime and not just trawling through the records of
:35:21. > :35:25.innocent people. That is essential at a national level and even more at
:35:26. > :35:30.a European level and I think the proposals before the House this
:35:31. > :35:35.evening passed that test. That is why I imagine the national DNA
:35:36. > :35:43.database ethics group would say they wholeheartedly welcome this. That is
:35:44. > :35:48.quite a goods badge of respectability for the Home Office
:35:49. > :35:52.in this regard. Like other honourable members, I have been
:35:53. > :35:57.reading carefully what Big Brother Watch had to say because this is a
:35:58. > :36:00.good organisation that does a lot of good and it helps to hold
:36:01. > :36:06.governments to account. I was slightly set prized at the tone of
:36:07. > :36:10.the response from Big Brother Watch that they welcomed the safeguards
:36:11. > :36:16.the Home Secretary had introduced -- surprised. He did say they had areas
:36:17. > :36:20.of concern but in terms of a civil liberties group commenting on a Home
:36:21. > :36:25.Office proposal, this is approval by the normal standards. So I think
:36:26. > :36:32.that should be taken seriously. I echo the honourable lady from the
:36:33. > :36:38.SNP benches. I hope the Minister when he winds up can deal with the
:36:39. > :36:41.idea of the vehicle registration database, some of the specific
:36:42. > :36:47.complaints and worries that Big Brother Watch had. Questions, we'll
:36:48. > :36:53.search only be for serious crimes or do they include offences such as
:36:54. > :36:59.speeding and driving through a bass line and whether foreign police
:37:00. > :37:06.forces have access to cameras and other data? -- in slain. The House
:37:07. > :37:11.should be reassured on that point. The civil liberties issues, they are
:37:12. > :37:15.a genuine risk and have to be dealt with. There is another criticism we
:37:16. > :37:19.here in the amendment before the House that says we should not use
:37:20. > :37:24.these procedures because they are procedures of the European Union.
:37:25. > :37:29.This is what I believe is a damaging ideology. These measures help the
:37:30. > :37:34.police catch, and also. Perhaps prevent terrorist attacks. -- catch
:37:35. > :37:40.criminals. Save lives and keep streets safer. It is irresponsible
:37:41. > :37:45.to say we should not sign up for reasons of anti-European ideology
:37:46. > :37:49.and a fear of the European Court of Justice. The British people know
:37:50. > :37:51.that we live in a dangerous world. And they will not forgive
:37:52. > :37:57.politicians who make it more dangerous by Intel drink in and
:37:58. > :38:02.European gesture politics in this field. -- indulging. It has been
:38:03. > :38:05.argued there have been other ways of doing with this and it has been
:38:06. > :38:10.demonstrated in this debate nothing is available as efficient as this
:38:11. > :38:14.measure. I will give way to my honourable friend.
:38:15. > :38:21.Would he assist me by saying whether for instance Iceland should be
:38:22. > :38:24.encouraged to join? Iceland is not a member of the European Union. If it
:38:25. > :38:31.wishes to sign a deal with the European Union, I assume it would be
:38:32. > :38:34.open to Iceland to do it, I see no sign Iceland wants to do that. It
:38:35. > :38:38.seems to be not within the purview of this House to dictate to the
:38:39. > :38:44.Icelandic government and people what they should do. I imagine they want
:38:45. > :38:46.to keep our streets safe as well. I will give way to my right honourable
:38:47. > :38:51.friend again. I wanted to take him up slightly on
:38:52. > :38:59.this point about the European Court. I take his point. But the real area
:39:00. > :39:05.of war are you might want to address some of the protections -- worry.
:39:06. > :39:10.Whether in the extreme the database is used for speeding offences. The
:39:11. > :39:15.is something like the European Court could change the borderline of the
:39:16. > :39:18.guideline outside our own control. I do not think it is true in this case
:39:19. > :39:28.but he should address that rather than just dismiss it. I do not
:39:29. > :39:32.dismiss it in the sense of that, but it is not true, the Prum measures
:39:33. > :39:37.say whether European Court of Justice has jurisdiction and it is
:39:38. > :39:41.quite limited as a result of these measures. And one of the things the
:39:42. > :39:47.European Court of Justice is looking to do is to defend citizens against
:39:48. > :39:53.over mighty states as my right noble friend knows. So the idea everything
:39:54. > :39:58.the Court of Justice does is add or somehow against the bulk liberties
:39:59. > :40:04.and freedoms is simply wrong, as I am sure he would acknowledge --
:40:05. > :40:09.Civil Liberties. It might be were putting on record the Prum decisions
:40:10. > :40:14.are protected by national law and of the House were to look at the
:40:15. > :40:20.specific position -- provision, Article 12, it does say searches
:40:21. > :40:27.have to be conducted in accordance with the member states national
:40:28. > :40:32.laws. I hope that reassures those with doubts on that score. It has
:40:33. > :40:38.become fashionable in this House in recent days to quote communist
:40:39. > :40:46.caters! And would remind... Dictators. I am sure I will not be
:40:47. > :40:53.the last on this side. I would refer to a useful concept Lenin
:40:54. > :40:58.introduced, that is the concept of the useful idiot. People who do
:40:59. > :41:04.something that gives comfort to those who they normally oppose by
:41:05. > :41:08.accident. And I am afraid some of the arguments used against this
:41:09. > :41:14.proposal tonight for under that category. And I know that those of
:41:15. > :41:18.my honourable and right honourable France with these arguments, they
:41:19. > :41:24.are not idiots so I would encourage them to think hard about withdrawing
:41:25. > :41:30.the amendment. Because this kind of European cooperation and fighting
:41:31. > :41:34.serious crime and terrorism is absolutely essential in today's
:41:35. > :41:39.dangerous world. It is to the credit of the EU they have devised a
:41:40. > :41:43.practical system to help keep people safe and to the credit of the
:41:44. > :41:46.British government it has agreed to sign up and I hope tonight the House
:41:47. > :41:49.agrees as well on the significant step forward in fighting terrorism
:41:50. > :42:01.and serious international crime. Madam Deputy Speaker, it is a
:42:02. > :42:04.pleasure to follow the Right Honourable member for Ashford. I
:42:05. > :42:08.woke up reading his article in the Daily Telegraph on the subject and
:42:09. > :42:13.here he is, live this afternoon quoting from Lenin which I'm sure is
:42:14. > :42:18.required reading for all of his electors in Ashford. I am not going
:42:19. > :42:26.to quote Lenin, Madam Deputy is bigger. But I am going to quote the
:42:27. > :42:31.Home Secretary from 2014, who we revere on this side of the House, as
:42:32. > :42:36.you know and she said, we have neither the time nor the money to
:42:37. > :42:44.implement Prum by December the 1st. I have said it would be senseless
:42:45. > :42:47.for us to rejoin and risk being fractured and despite pressure from
:42:48. > :42:53.the commission and other member states, that remains the case. I was
:42:54. > :42:57.delighted to see her conversion. Based, of course, on strong evidence
:42:58. > :43:04.of the pilot that the Government has put in place. A powerful case to
:43:05. > :43:09.join in to this very important part of the European Union. She has
:43:10. > :43:13.obviously thought about it very carefully in the last 12 months and
:43:14. > :43:16.I appreciate the courtesy of the Minister of State for immigration
:43:17. > :43:21.telling me that this is what the Government planned. All the
:43:22. > :43:27.arguments has been made. And I can say that I agree and sits down. But
:43:28. > :43:37.it would not be Parliament if I did that. It is rare but maybe a feature
:43:38. > :43:41.of European debate to come that the front benches, the Shadow Home
:43:42. > :43:44.Secretary and the Home Secretary speaking eloquently both in support
:43:45. > :43:51.of the motion. I will give way to the honourable member. The one thing
:43:52. > :43:54.I particularly disagreed with was the Shadow Home Secretary said he
:43:55. > :43:59.felt that people wanting to vote in favour were expressing their delight
:44:00. > :44:05.at ever closer union. I did disagree. I felt the useful idiot
:44:06. > :44:12.bit was losing it at that point. She is right. Voting for this does not
:44:13. > :44:16.mean ever closer union. This issue is still under negotiation by the
:44:17. > :44:21.Prime Minister and the rest of the European Union. It means helping us
:44:22. > :44:26.fight terrorism and helping to fight serious and organised crime. I hope
:44:27. > :44:31.she will vote with the Government on this occasion, as I am sure she has
:44:32. > :44:37.done on many others since she got into the House. I will give way to
:44:38. > :44:40.the honourable member. I thank my honourable friend for giving way and
:44:41. > :44:45.he is making a very compelling argument. We all want the issues to
:44:46. > :44:51.do with cross-border crime dealt with and eliminated. Nonetheless so
:44:52. > :44:56.than us representing Northern Ireland constituencies. But would he
:44:57. > :45:03.agree with me that with respect to Civil Liberties, there must be,
:45:04. > :45:08.protection must not be sacrificed and we must have protection of civil
:45:09. > :45:13.liberties in relation to that particular issue. I am reassured by
:45:14. > :45:17.what the Home Secretary said with the oversight board and the fact
:45:18. > :45:21.that those on the database that have not committed criminal offences,
:45:22. > :45:28.their information will not be shared. She brings me onto an
:45:29. > :45:30.important point. I asked the library, because I'm getting
:45:31. > :45:36.confused with these databases, which ones are available concerning, no
:45:37. > :45:41.and terrorist acts which could possibly be shared with the rest of
:45:42. > :45:45.the EU? And they came up with an awesome list of a number of
:45:46. > :45:49.databases with hundreds of thousands, indeed millions of names
:45:50. > :45:55.on them. The police National computer holds a number of pieces of
:45:56. > :46:03.information, 11,000,500 59000 and 137 names. -- over 11 million names.
:46:04. > :46:14.The police database and the DNA database, which currently holds over
:46:15. > :46:19.5 million and semaphore which I know is about to be improved because the
:46:20. > :46:25.Home Office has announced an extra 25 million, or has announced next 25
:46:26. > :46:29.million to improve capability. The warnings index, I will make
:46:30. > :46:35.reference to this, is also capable of improvement. We recently heard it
:46:36. > :46:40.was in fact not as effective as it ought to be in tracking those coming
:46:41. > :46:44.to this country. We do not know how many are on the index because it is
:46:45. > :46:49.confidential. Watch lists, we do not know the numbers. But it is still a
:46:50. > :46:57.database of interest. And for the European Union, the sharing of that
:46:58. > :47:00.information system, the second generation, the Europe all
:47:01. > :47:05.information system, again, we do not know Hani names are on that
:47:06. > :47:09.database, and the integral database, again, we do not know Hani
:47:10. > :47:17.are on that database. There are unlawful lot of databases we are
:47:18. > :47:24.talking about. -- how many. -- an awful lot of databases. We would
:47:25. > :47:28.like to ask which UK databases will be subject to this decision and
:47:29. > :47:31.which European ones, maybe all of them, and the international
:47:32. > :47:37.databases, will they also be part of the decision that we make today? I
:47:38. > :47:41.support what the Government is doing but it is nice to have clarity for
:47:42. > :47:46.those that think every single piece of information ever collected about
:47:47. > :47:52.a British citizen will be made available. My concern is the
:47:53. > :47:57.security of the border. Especially after events in Paris. I think the
:47:58. > :48:01.decision of the Government will help us to track people that lead this
:48:02. > :48:06.country and end up in the European Union. People like Trevor Brooks and
:48:07. > :48:09.Simon Callow, who on Wednesday November the 18th were arrested at
:48:10. > :48:14.the Hun Guerin border with Romania. One was subject to a Home Office
:48:15. > :48:20.travel ban but left the country, records the borders and wet into the
:48:21. > :48:26.rest of the European Union. And the Telegraph reported that the senior
:48:27. > :48:31.fund raiser for Daesh, who was under a strict counterterrorism order,
:48:32. > :48:42.fled the United Kingdom and joined jihadist in Syria. As we have heard
:48:43. > :48:45.in the media, one of the Paris attackers was wanted for previous
:48:46. > :48:51.offences in Europe but managed to travel to Syria and back without
:48:52. > :48:54.detention. I think the problem is, and I put this to the Home
:48:55. > :49:01.Secretary, your opinion colleagues are not putting these names --
:49:02. > :49:05.European colleagues are not putting these names on the database as soon
:49:06. > :49:09.as they become of interest. It is important they do. If they cross
:49:10. > :49:12.borders and we want to know where they are it is important they are
:49:13. > :49:17.put onto the database in the first place. The Greek ambassador came to
:49:18. > :49:21.give evidence to the select committee two weeks ago and lamented
:49:22. > :49:26.the fact that in the case of one of those involved in Paris, even though
:49:27. > :49:30.the French decided this individual was a person of interest, they did
:49:31. > :49:37.not put his name on the database. When he crossed the border between
:49:38. > :49:43.Turkey and Greece, it was not possible for his name to be flanked
:49:44. > :49:48.on their system and they could not then alert the French. We need to be
:49:49. > :49:53.sure it happens as quickly as possible. We welcome the speed with
:49:54. > :49:57.which the new arrangements, I think the Home Secretary said double-macro
:49:58. > :50:03.and a half months as opposed to 15 minutes, which sounds -- two and a
:50:04. > :50:08.half months, which is incredible as opposed to 15 minutes. The head of
:50:09. > :50:13.Europe all yesterday said that there was a black hole of information
:50:14. > :50:18.which hampered the one operation on counterterrorism. He mentioned the
:50:19. > :50:23.fact that less than half of the foreign fighters identified by
:50:24. > :50:27.national counterterrorism authorities are registered in our
:50:28. > :50:35.system, which is supposed to provide a basic cross European data check.
:50:36. > :50:40.As we know, 18 million or so people are able to, not avoid, but they are
:50:41. > :50:45.not part of the passenger name recognition system, which the Home
:50:46. > :50:49.Secretary has been battling away and for all the years I think she has
:50:50. > :50:54.been in office, with the rest of the European Union, to get everybody
:50:55. > :50:59.signing up to this. If we have just one person coming into our country
:51:00. > :51:03.and we do not know who that person is, it does actually affect the
:51:04. > :51:08.security of our borders. I think we should take the head of Europe whole
:51:09. > :51:15.at his word and try and help those organisations. The committee some
:51:16. > :51:20.years ago suggested creating an international counterterrorism
:51:21. > :51:25.platform as part of the database because we felt that, we do not have
:51:26. > :51:30.too reinvent the wheel, we have a database, we have organisations
:51:31. > :51:34.which have a lot of information and data and we should build on what
:51:35. > :51:42.they have got and that is why I am very pleased that on the 1st of
:51:43. > :51:45.January it will be launching, it will be launching a European union
:51:46. > :51:51.counterterrorism centre. It will help enormously in the fight against
:51:52. > :51:54.terrorism. Finally I will say this about the European arrest warrant,
:51:55. > :51:58.which is not the subject of the debates today but it has been
:51:59. > :52:05.referred to by a number of Right Honourable members. The Home Affairs
:52:06. > :52:07.Select Committee in our successive reports have pointed to real
:52:08. > :52:14.problems with the European arrest warrant. It is a great idea but
:52:15. > :52:18.there are technicalities which within can cause problems to British
:52:19. > :52:24.citizens. We should be extremely careful whenever we take a view that
:52:25. > :52:28.signing up to these agreements means everything will be all right. We
:52:29. > :52:33.must monitor carefully what is being suggested. And if for any reason we
:52:34. > :52:37.need to change any of the involvement that we have, we should
:52:38. > :52:41.do so. I will give way to the honourable member. Talking about the
:52:42. > :52:46.European arrest warrant, which we are not actually debating, as he
:52:47. > :52:53.said, we have touched on it, my constituents, I know he is aware,
:52:54. > :52:56.one of them was sent to jail in Hungary for four months without
:52:57. > :53:00.trial. We fought very hard and the Government assured as it would be
:53:01. > :53:03.looked at. I'm afraid I have no confidence at all in European
:53:04. > :53:07.jurisdiction and this movement concerns me, despite the fact we
:53:08. > :53:14.want to fight terrorism, and despite what my friend said, not very
:53:15. > :53:19.hopefully, I thought. He is right. He fought very hard for his
:53:20. > :53:22.constituents, Michael Turner. He gave evidence to the Home Affairs
:53:23. > :53:27.Select Committee because of the honourable gentleman and was let
:53:28. > :53:29.down by the system. It is wrong that somebody completely innocent should
:53:30. > :53:35.be arrested and held in another country for that length of time
:53:36. > :53:37.because the damage to reputation and the personal integrity as well as
:53:38. > :53:42.the other things going with it is enormous. There are problems with
:53:43. > :53:46.the European arrest warrant which we do need to look at. But as an idea
:53:47. > :53:50.it is the right thing to do to be able to trace people throughout
:53:51. > :53:55.Europe. But the actual implementation and at a county
:53:56. > :54:00.causes hardship to people like Michael Turner, the constituent of
:54:01. > :54:05.the honourable gentleman. The Home Secretary's conversion is welcome.
:54:06. > :54:09.The case she makes is very powerful. And I hope that we can use this
:54:10. > :54:14.system in order to make sure that criminals do not escape without
:54:15. > :54:19.being brought to justice. And that those that seek to enter our country
:54:20. > :54:23.in order to undermine the values of our country through terrorism are
:54:24. > :54:29.caught at the border and sent back to where they belong.
:54:30. > :54:36.Thank you, Madam Deputy Speaker. With a heavy heart I stand to speak
:54:37. > :54:40.in this debate as I am one of the Home Secretary's most ardent
:54:41. > :54:42.supporters. We are lucky indeed to have someone so entirely committed
:54:43. > :54:45.to protecting our citizens and doing everything in their power to make
:54:46. > :54:50.home office functions work as effectively as possible. I have been
:54:51. > :54:56.more than a bit but used by these proposals for the UK to sign up by
:54:57. > :55:01.the 31st of December 2015 to data sharing of databases with other
:55:02. > :55:06.member states that have already signed up to Prum. Before I came to
:55:07. > :55:09.this House I was under the impression we opted out of all
:55:10. > :55:13.police and criminal justice wishes agreed before the Lisbon treaty came
:55:14. > :55:18.into force, which included the Prum decisions. There was a lot of noise
:55:19. > :55:22.about this up to the 21st of December 2014. The Gutmann said we
:55:23. > :55:25.would rejoin 35 measures in the national interest and I understand
:55:26. > :55:30.it might have been smaller had we not been in Coalition but we did not
:55:31. > :55:33.seek to rejoin Prum. It seems the reason for not opening up the
:55:34. > :55:37.database at the time was not one national interest or protection of
:55:38. > :55:40.citizens from different jurisdictions but simply we would
:55:41. > :55:43.have been fined because we could not build the computer system in time.
:55:44. > :55:48.The deadline would have been at risk of infraction. I would commend that
:55:49. > :55:51.decision on financial prudence and data perfection, but I am abused
:55:52. > :55:54.because I remember the Home Secretary said the European Court of
:55:55. > :55:59.Justice should not have final say on matters like criminal law and her
:56:00. > :56:04.Majesty's government should be able to renegotiate as they see fit. This
:56:05. > :56:10.is why I have been confused, because while there is an opportunity for
:56:11. > :56:15.this window which closes to sign up to Prum, we could easily not sign up
:56:16. > :56:18.now and go into Prum under the Lisbon Treaty with the intendant
:56:19. > :56:24.risk of putting personal data and management under European
:56:25. > :56:27.jurisdiction. We could instead build R.N. Portal for other countries
:56:28. > :56:30.including those with the European Union and not just European Union to
:56:31. > :56:35.access records under our own legal framework and control. Criminals and
:56:36. > :56:42.those wishing us harm come from all over the world and the simply
:56:43. > :56:47.European Union countries. -- and not simply European union countries.
:56:48. > :56:51.Surely it would be sensible to build a database which we use to help
:56:52. > :56:52.police forces around the world and with whom bilateral agreements can
:56:53. > :57:06.be unharmed by data sharing. Safeguards must be absolutely
:57:07. > :57:09.watertight. I commend ministers for the detailed specification may have
:57:10. > :57:13.set out in the paper about when a positive hit on a biometric should
:57:14. > :57:18.be addressed to handing over personal information and only
:57:19. > :57:24.biometrics of adults convicted of crimes should be shared. In the UK,
:57:25. > :57:28.we hold biometrics for juveniles convicted, those arrested and
:57:29. > :57:32.charged but not convicted of many serious offences and for those whose
:57:33. > :57:37.cases have not yet been concluded. My concern remains where we intend
:57:38. > :57:45.to safeguard most of the UK data held in Prum, by concern is that is
:57:46. > :57:49.an easy day jurisdiction -- ECJ jurisdiction with lines moving,
:57:50. > :57:56.where we have other options available for assessing records when
:57:57. > :58:00.trying to track down records. 15% of crimes committed by foreigners, half
:58:01. > :58:05.of those at EU citizens and the other half not. Any police force in
:58:06. > :58:08.the world will always want more tools to fight crime and solve
:58:09. > :58:13.serious offences and I was more than a little concerned by the comments
:58:14. > :58:17.by the Shadow Home Secretary that security will trump Civil Liberties,
:58:18. > :58:22.I do not agree. We must appoint determine the security of citizens
:58:23. > :58:27.and the most important biometrics must not be released. We must
:58:28. > :58:32.contrarian -- control our data records. I am concerned about the
:58:33. > :58:39.proposed cost of ?30 million to build this portal to access
:58:40. > :58:43.fingerprints and vehicle data. I have sat in here is since I was
:58:44. > :58:47.elected to listen to the justifications as to why projects
:58:48. > :58:51.have not gone according to plan and budget. The reality is any new IT
:58:52. > :58:55.programme is fraught with challenges but to build one with so many
:58:56. > :59:05.safeguards will be the cause of many Arab balloons -- problems and cost
:59:06. > :59:08.increases. We should be building a Portal to gain faster access to data
:59:09. > :59:13.in the same way we can see the benefits of accessing others within
:59:14. > :59:16.the EU states. I am not convinced bring the Green light to this under
:59:17. > :59:21.the pressure from the states signed up to Prum to get into our databases
:59:22. > :59:26.is the way forward. But Deputy Speaker, I hope ministers will be
:59:27. > :59:30.able to persuade my anxieties on this matter for my constituents and
:59:31. > :59:35.I thank the Minister for giving me time to discuss the matters in
:59:36. > :59:40.detail. We have choices about how we increase biometrics sharing and I do
:59:41. > :59:43.not understand why a rush to sign up to Prum before the New Year is the
:59:44. > :59:48.right way to go. I will listen to the debate and the considered
:59:49. > :59:51.positions and Prum in the hope my fears about IT cost and potential
:59:52. > :59:56.failures and my hope the government might see commonality extends beyond
:59:57. > :00:04.some EU states in this complex global network we live in today.
:00:05. > :00:09.It is a pleasure to follow the honourable member for
:00:10. > :00:16.Berwick-upon-Tweed. The first questions I posed were, do we want
:00:17. > :00:21.to ensure we are tough against terrorism? Do we want to insure that
:00:22. > :00:24.the United Kingdom takes every action possible to combat terrorism?
:00:25. > :00:30.And do we want the public to feel safer by our actions in combating
:00:31. > :00:38.terrorism? We would all say, yes, we do. Of course we do. I did notice a
:00:39. > :00:42.number of members have indicated today they are concerned about Civil
:00:43. > :00:49.Liberties protection for all our citizens. And I have heard the Home
:00:50. > :00:53.Office Minister indicating the protections and safeguards in place.
:00:54. > :00:58.And I agree there needs to be Civil Liberties protection. But what about
:00:59. > :01:02.the Civil Liberties protection for the victims of our society as well?
:01:03. > :01:09.We need to realise that are a huge amount of victim is within our
:01:10. > :01:14.society requiring that protection. Not just those who will go on to the
:01:15. > :01:18.database and their information. We need to be absolutely clear this is
:01:19. > :01:22.about protection for our citizens, not just the citizens of the United
:01:23. > :01:29.Kingdom but those of our near neighbours as well. I have to say to
:01:30. > :01:35.those opposing this, I am not the greatest European Union person, I am
:01:36. > :01:39.not the greatest supporter of the European Union and indeed on many
:01:40. > :01:46.occasions, I would be supportive of the actions of the honourable
:01:47. > :01:51.member. But on this occasion, I disagree with some of the aspects he
:01:52. > :01:54.is bringing forward. Especially around the Civil Liberties because I
:01:55. > :02:01.have heard of the safeguards being put in place. I do want to say that
:02:02. > :02:05.for many years in Northern Ireland, we have been subject to that
:02:06. > :02:12.terrorism. Subject to the terrorism of people being murdered, bombs in
:02:13. > :02:17.our society and shootings in analysis IT. And we have all so
:02:18. > :02:20.suffered because of the lack of information from our near
:02:21. > :02:25.neighbours. A lack of information from the Republic of Ireland
:02:26. > :02:31.authorities. And I'd do understand they have not signed up to these
:02:32. > :02:34.proposals either and hopefully being the stronger European Union
:02:35. > :02:39.supporters they are, that they will sign up in the near future and
:02:40. > :02:42.realise that it may be helpful to their neighbours in the United
:02:43. > :02:50.Kingdom or France or anywhere else close by. Happy to give way.
:02:51. > :02:54.I hear what he says and does he knows, I am a very strong supporter
:02:55. > :03:01.of most matters from Northern Ireland. In the shape of the DUP.
:03:02. > :03:06.Does he also except there are other ways of dealing with this problem
:03:07. > :03:10.rather than to surrender to the European Court of Justice? That is
:03:11. > :03:14.the key issue for most in this matter, it is not that we do not
:03:15. > :03:17.want to restrain terrorism and exchange information. It is the
:03:18. > :03:22.manner in which it is being done, at the expense of Parliament and in our
:03:23. > :03:27.view those who wish to leave the European Union. I thank the
:03:28. > :03:31.honourable member for his intervention. And his position. I do
:03:32. > :03:36.accept his position around the European Court of Justice as well. I
:03:37. > :03:40.accept that. However, there is a balance to be struck here and
:03:41. > :03:44.decisions to be made. And when you put people's safeguards and lives on
:03:45. > :03:49.the line here, we have to take a balanced view and my balanced view
:03:50. > :03:53.is that we are better trying to protect the citizens of the United
:03:54. > :03:58.Kingdom and the citizens of other parts of Europe in this respect as
:03:59. > :04:05.well. I have to say whenever the Provisional IRA were putting bombs
:04:06. > :04:08.in Germany and the Netherlands, maybe just if these databases had
:04:09. > :04:13.been in place, people could have been apprehended before those bombs
:04:14. > :04:19.went off or at least be brought to justice whenever the explosions dig
:04:20. > :04:23.take place. -- did take place. If the Republic of Ireland were
:04:24. > :04:26.involved in this, I think within the UK, especially Northern Ireland,
:04:27. > :04:30.part of the UK, that indeed, we could have a much better cooperative
:04:31. > :04:37.position and we could share that information much easier than is
:04:38. > :04:39.possible at the present time. And I know that cooperation between the
:04:40. > :04:43.Republic of Ireland as Northern Ireland has improved to some degree
:04:44. > :04:49.between security services. There is still a lack of that stream of
:04:50. > :04:59.information and I just think it would be helpful to all our citizens
:05:00. > :05:03.if that information was shared. So what I am clearly saying is if you
:05:04. > :05:08.have nothing to hide and society, then you have nothing to fear from
:05:09. > :05:12.these proposals. I don't mind if my information goes on a database if I
:05:13. > :05:18.have nothing to hide around it. I have even heard of the safeguards
:05:19. > :05:23.people's information not going on if they not criminals. But it is not
:05:24. > :05:28.just about terrorism, it is about wider organised crime as well. Human
:05:29. > :05:34.trafficking, drugs trafficking. All of those are a scourge to society
:05:35. > :05:40.throughout Europe. And we do see the public aspect of terrorism in the
:05:41. > :05:43.likes of Paris and other areas. And how many people have been killed and
:05:44. > :05:50.murdered. I can tell you other organised crime of drugs and human
:05:51. > :05:55.trafficking brings equally as much devastation to society and
:05:56. > :06:01.individuals. As many individuals are affected and have their lives ruined
:06:02. > :06:06.by drugs and she went trafficking is through terrorism as well -- and
:06:07. > :06:10.human trafficking. We need to be ever mindful of that. I have a
:06:11. > :06:14.question for the Minister in relation to Northern Ireland. Will
:06:15. > :06:19.this take a legislative consent motion in Northern Ireland or will
:06:20. > :06:23.it take the approval of the Northern Ireland Executive or is it
:06:24. > :06:27.automatic? Just a simple question which requires a fairly easy answer
:06:28. > :06:31.I assume because I would not like to see the aspects, the positive
:06:32. > :06:38.aspects, being delayed in Northern Ireland. That could be helpful to
:06:39. > :06:43.our society as well. Finally, I would say, Mr David is beaker, that
:06:44. > :06:49.the databases is only as good as what is put on -- deputies beaker.
:06:50. > :06:54.We need a proper system for putting that information in so it is
:06:55. > :07:04.available to all in our society, thank you. A pleasure to follow the
:07:05. > :07:13.honourable member for Fermanagh and the. I rise briefly in this debate
:07:14. > :07:15.because I am someone who is a great believer in cooperation between
:07:16. > :07:20.member states and all countries on an international basis. If the aim
:07:21. > :07:26.of that is to eliminate terrorism and fear and improve national
:07:27. > :07:33.security. But there are a couple of things that I think needs to be
:07:34. > :07:37.said. It is not necessarily about the detail of the database and how
:07:38. > :07:41.the data is held, what is on the database, how it is populated, how
:07:42. > :07:46.many databases there might be. Whether they are a good thing or a
:07:47. > :07:50.bad thing. There is a tiny bit of principle I want to check we have
:07:51. > :07:57.covered that underlies all of these points. When the honourable member
:07:58. > :08:03.for Lee made his opening remarks for the opposition, it reminded us of
:08:04. > :08:07.the job he had in 2005, he was given a job I Tony Blair to bring in the
:08:08. > :08:13.European Arrest Warrant. At that time, I was a member of the European
:08:14. > :08:18.Parliament. I participated in debates on the floor of that House,
:08:19. > :08:25.talking about the extensions of powers this might bring. There was a
:08:26. > :08:28.genuine concern from the opposition, the major opposition
:08:29. > :08:32.party here, the Labour Party, about the direction of travel in European
:08:33. > :08:40.criminal justice system. Hence the big opt out which came about. In
:08:41. > :08:45.fact, if I can quote someone who does not get quoted much in this
:08:46. > :08:51.House any more, Tony Blair, the former Prime Minister. On June 25,
:08:52. > :08:54.2007, he was talking about criminal justice and this element and he
:08:55. > :09:03.said, it is precisely the ability, talking about the opt out, it is
:09:04. > :09:06.precisely the ability to pick and choose policy that is often
:09:07. > :09:12.advocated. It gives us a complete freedom to protect our common law
:09:13. > :09:21.system. And that was why I asked the honourable member about whether
:09:22. > :09:24.security trumps common law. I will challenge him I've been maybe over a
:09:25. > :09:31.pint later as to his response. We have to understand that, more
:09:32. > :09:38.underpins our structure of law in general in this country and we must
:09:39. > :09:42.hold that. And security is super important but we must uphold, more
:09:43. > :09:45.principles. I was in the European Parliament at the same time is a
:09:46. > :09:51.great gentleman, Professor Neil McCormick, an SNP member of the
:09:52. > :09:58.European Parliament. He chastised me when I was letting with the idea of
:09:59. > :10:03.how a European system of common justice might look going forward --
:10:04. > :10:09.flirting. He reminded me a European system goes against corpus jurists
:10:10. > :10:15.and could undermine, more. And he kept reminding that Parliament that
:10:16. > :10:19.we must be very wary when we look forward at measures in the emerging
:10:20. > :10:27.European criminal justice system that while there might be, and many
:10:28. > :10:32.of them are, sensible progressions of policy, we must make sure none of
:10:33. > :10:37.them undermine our system of, more. In fact, a former Labour Home
:10:38. > :10:44.Secretary Jacqui Smith put it as well as I will ever be able to --
:10:45. > :10:49.common law. In negotiating, she said, the Justice and Home Affairs
:10:50. > :10:53.chapter, the government made clear its determination to protect our
:10:54. > :11:00.common law system and police and judicial processes. We are clear EU
:11:01. > :11:04.cooperation should not neglect fundamental principles of our
:11:05. > :11:09.system. We need to know to this point today. She said, the extended
:11:10. > :11:15.optimum arrangements we have secured and we on this side of the House, we
:11:16. > :11:22.now have this ability to opt in. -- opt out. The extended arrangements
:11:23. > :11:27.mean we have a complete choice as to whether to participate in any
:11:28. > :11:33.measure. We have also ensured the jurisdiction of the ECJ cannot be
:11:34. > :11:37.imposed on the United Kingdom in this area, it will only apply to the
:11:38. > :11:44.extent that we have chosen to participate in this measure.
:11:45. > :11:51.I think the Government should be commended in certain aspects of how
:11:52. > :11:56.they have gone about this measure. Instead of opting in without
:11:57. > :12:00.thought, the Home Secretary and the Minister responsible will understand
:12:01. > :12:04.I have real reservations about how it will work when it comes to our
:12:05. > :12:11.system of common law. But at least we have had a sensible pilot, a
:12:12. > :12:17.sensible assessment and indeed put in safeguards to ensure data
:12:18. > :12:22.transfer is more on our terms. As I have said, I like it when we
:12:23. > :12:27.corporate with European Union partners. And indeed international
:12:28. > :12:37.partners on these matters. -- cooperate. In this case, Parliament
:12:38. > :12:41.has squared off opting in to things like this against the continuing of
:12:42. > :12:45.element of a European system of criminal justice based on a legal
:12:46. > :12:51.code directly challenging our common-law system. On that basis I
:12:52. > :12:53.hope the Home Secretary will understand and hopefully the
:12:54. > :12:59.minister answering can cover the points I made, and give a reflection
:13:00. > :13:09.upon which he has been able to assess whether the risk of going in
:13:10. > :13:17.deeper into ECJ jurisdiction is worth paying the price for these
:13:18. > :13:22.measures going forward. Thank you very much, Mr Deputy Speaker. There
:13:23. > :13:30.was not much choice left on this side of the tamer. -- chamber. You
:13:31. > :13:34.have a distinct advantage over many members because when you entered
:13:35. > :13:39.some ten minutes ago at least you knew the subject matter. I have sat
:13:40. > :13:43.through this debate for almost two hours and I think some of the
:13:44. > :13:48.country B shows would lead you to think this was a much more dangerous
:13:49. > :13:50.proposition -- some of the cons B shows would lead you to think this
:13:51. > :13:59.was a more dangerous proposition which would threaten our country. --
:14:00. > :14:02.contributions. I'm grateful to the Minister for conversations we have
:14:03. > :14:08.had in the last number of weeks. For their willingness to address any
:14:09. > :14:14.concerns we do have and indeed for the preparation and publication of
:14:15. > :14:19.the command paper. If Prum was about the United Kingdom government
:14:20. > :14:28.sending shared data to 27 other member states I would be voting
:14:29. > :14:31.against. If Prum was about asking 27 other member states to come to the
:14:32. > :14:39.United Kingdom and have full access, unfettered access to our data, I
:14:40. > :14:45.would similarly vote against. But that, Mr Deputy Speaker, is not this
:14:46. > :14:48.proposal. I think the indications from the Home Secretary and the
:14:49. > :14:55.command paper has been significantly reduced from 31 million in cost and
:14:56. > :15:00.it is to be welcomed. I would welcome the intervention if the Home
:15:01. > :15:05.Secretary could help me with a small level of confusion arising from the
:15:06. > :15:10.contribution from my honourable friend, the member for Leicester. He
:15:11. > :15:17.suggested we need to put information on a database. My understanding was
:15:18. > :15:22.that we have got three databases for vehicle registration, DNA and
:15:23. > :15:28.fingerprints and it is through the existing databases such information
:15:29. > :15:33.would be shared. I am grateful to have the opportunity to confirm what
:15:34. > :15:37.he has just said. There are databases for DNA and we will
:15:38. > :15:39.restrict information available in relation to the Prum checks, vehicle
:15:40. > :15:45.registration and finger prints databases. The chairman of the Home
:15:46. > :15:50.Affairs Select Committee mentioned a variety of databases. There are some
:15:51. > :15:55.issues in the European Union about collectivity of certain databases to
:15:56. > :15:58.catch terrorists but in the Prum decision, the gentleman is
:15:59. > :16:02.absolutely correct. It is those three databases we are talking
:16:03. > :16:10.about. I am incredibly grateful for that indication. It satisfies my
:16:11. > :16:23.confusion as to any error on the part of the select committee. He is
:16:24. > :16:28.a nice man! And I did not mean it! Mr Deputy Speaker, I am a
:16:29. > :16:35.Eurosceptic. But I am pragmatically a Eurosceptic. I have heard some
:16:36. > :16:38.laughter from across the chamber. I think it is important that for those
:16:39. > :16:44.of us when we agree on certain constitution issues, we will unite
:16:45. > :16:47.around them. But I have a difference of opinion with those named on the
:16:48. > :16:54.amendment and I think it is important to outline. I will give
:16:55. > :16:58.way to the honourable member. I am glad to hear the honourable
:16:59. > :17:01.gentleman is a Eurosceptic. I take it from what he said that he would
:17:02. > :17:06.be inclined to leave the European Union. Does the accent that in fact
:17:07. > :17:12.if he did accept this motion... Order. We are definitely not going
:17:13. > :17:18.to go into that debate at this stage! You do not need to save me,
:17:19. > :17:26.Mr Deputy Speaker. But we can talk about that outside the chamber. As a
:17:27. > :17:31.pragmatic Eurosceptic I had to look at the paper and assess the details.
:17:32. > :17:34.I think the important details reckon as the police service of Northern
:17:35. > :17:38.Ireland is part of the scheme and recognises that there were instances
:17:39. > :17:45.of a successful hit involving a rape case with a German national. When I
:17:46. > :17:49.read statistics, it indicated in this paper that one third of crimes
:17:50. > :17:53.carried out in the city of London are carried out by foreign national
:17:54. > :17:57.offenders and that one third of them representing 33,000 individuals are
:17:58. > :18:02.EU nationals and these figures are from 2013-14. I think we do need to
:18:03. > :18:08.look at ways in which we can speed up the investigation process but not
:18:09. > :18:15.hamstring the authorities in this country today. That is why when I
:18:16. > :18:19.intervened I made reference to page 23 of the command paper. I made
:18:20. > :18:26.reference to the inherent delays associated with Interpol and how it
:18:27. > :18:28.will continue to operate in the system for those 34,500 foreign
:18:29. > :18:32.national offenders not from the European Union. Here we have the
:18:33. > :18:37.opportunity to protect citizens in this city, in this country, today
:18:38. > :18:43.with this decision. I think it is an important one. There was reference
:18:44. > :18:47.earlier to the Republic of Ireland. They have not yet taken this
:18:48. > :18:50.decision. I hope they do. The Secretary of State for Northern
:18:51. > :18:56.Ireland was present at the select committee this afternoon. 16
:18:57. > :19:01.terrorist attacks carried out in Northern Ireland this year of
:19:02. > :19:04.national security concern. Many of those involved in dissident
:19:05. > :19:07.republican circles will be operating across the UK and the Republic of
:19:08. > :19:12.Ireland borders. I will give way to the honourable member. I thank him
:19:13. > :19:17.for giving way. Would he agree that we are sending a strong message of
:19:18. > :19:20.support and it would send a message to the parliament in the Republic of
:19:21. > :19:23.Ireland that it is time for them to join us and therefore make it easier
:19:24. > :19:28.to tackle cross-border fuel crimes we have been talking about in other
:19:29. > :19:33.contexts in Northern Ireland? I am very grateful for that intervention.
:19:34. > :19:36.It is crucially important. I want engagement with the police service
:19:37. > :19:38.of Northern Ireland and we would like colleagues and friends and I
:19:39. > :19:43.would be grateful for an indication from the Minister in response that
:19:44. > :19:45.the discussions are ongoing with the Republic of Ireland and we can share
:19:46. > :19:52.information, data and experience with them... So that they can
:19:53. > :19:59.similarly benefit from... I will give way. I thank my honourable
:20:00. > :20:05.friend for giving way. When we look at the facts and figures, Mr Deputy
:20:06. > :20:16.fuel and oil boundaries in Northern Ireland I the PSNI, over 50,000
:20:17. > :20:23.seizures, over 500 seizures of cigarettes and 25.5 euros, that is
:20:24. > :20:26.what they can do, the police service of Northern Ireland and with the
:20:27. > :20:31.help from companies they could do even more. I do not disagree. I
:20:32. > :20:34.never could with my honourable friend! I think that is the 10th
:20:35. > :20:39.time he has contributed to proceedings in this chamber. And
:20:40. > :20:43.there will be many more, indeed. I will not labour the point. We
:20:44. > :20:48.support this from a pragmatic perspective. I want to conclude with
:20:49. > :20:54.two Gentle points for the shadow home secretary if I may. First, I
:20:55. > :20:57.agree with the member for Ashford and others in this chamber who have
:20:58. > :21:01.taken issue with the suggestion that if you look after national security,
:21:02. > :21:07.Civil Liberties look after themselves. There are countless
:21:08. > :21:10.examples of Draconian societies in this world where national security
:21:11. > :21:15.is so much at the behest of civil liberties. And I think the
:21:16. > :21:20.considered point about the balance between the two is much more
:21:21. > :21:27.appropriate. It is not my role, as you know, to stand up and come to
:21:28. > :21:34.the rescue of the Home Secretary. But I see no U-turn. I see no U-turn
:21:35. > :21:38.in this whatsoever. The point made by the shadow Home Secretary and
:21:39. > :21:42.with a smile on his face, the chairman of the Home Affairs Select
:21:43. > :21:47.Committee, I think this is the point. The Home Secretary was quite
:21:48. > :21:53.clear in July in 2014 for the reasons for delay. They wish to
:21:54. > :21:58.avoid infraction proceedings from the European Union. I would go one
:21:59. > :22:01.step further. There is one point in this paper which I think has been
:22:02. > :22:06.missed by many. At that time, Northern Ireland represented is --
:22:07. > :22:11.representatives were standing against the decision to close
:22:12. > :22:17.Coleraine and DVLA. That is the licensing registration. A key
:22:18. > :22:22.component of Prum was it had to have a centralised collection of data for
:22:23. > :22:28.vehicle registration. Government could not proceed until they close
:22:29. > :22:33.the facility we had in Coleraine. They may not be honest enough about
:22:34. > :22:36.it. Because the decision to centralise services only became
:22:37. > :22:44.operative on the 21st of June in 2014, the decision had to be made
:22:45. > :22:49.that Prum needed to be delayed. I take no enjoyment in highlighting
:22:50. > :22:53.that fact. I think it does serve to save the Home Secretary could not,
:22:54. > :22:57.when it was centralised, they did not have it, they did not have it
:22:58. > :23:03.until they close the vehicle licensing centre in Coleraine. With
:23:04. > :23:08.that point, and perhaps nodding to those unhappy today, I indicate our
:23:09. > :23:13.support, pragmatic support for the proposal which I think will reassure
:23:14. > :23:16.and reinforce the security efforts and the safety of citizens in this
:23:17. > :23:21.country and throughout the European Union as well.
:23:22. > :23:27.This is becoming something of an annual event that the Home Office
:23:28. > :23:31.brings forward a further passing of powers to the European Union, just
:23:32. > :23:36.over one year ago we had the arrest warrant and all that went with that.
:23:37. > :23:43.Now we have got Prum. Whatever your pronunciation. We have had briefings
:23:44. > :23:47.in the press that my honourable friend the Home Secretary was going
:23:48. > :23:52.to become the Queen Boadicea of the league campaign and was going on a
:23:53. > :23:55.winged chariot to be putting the case for why we should have less
:23:56. > :24:00.Europe instead of more. Instead we get this today. We get this brought
:24:01. > :24:04.before us on the grounds of necessity. That it is the only way
:24:05. > :24:09.we can cooperate with our friends in Europe. Countries that wish to have
:24:10. > :24:13.arguments put for it are arguments put for it are
:24:14. > :24:18.superficially very attractive. There is nobody in this House who would
:24:19. > :24:22.want to stop terrorists being arrested and rapists going three and
:24:23. > :24:26.petrol smuggled between northern and southern Ireland. We want the
:24:27. > :24:31.wrongdoers to be arrested. We want them to be caught and put in prison.
:24:32. > :24:35.That is true. We want efficient systems put in place that make sure
:24:36. > :24:40.it happens. There is absolute unanimity in this House. We probably
:24:41. > :24:46.accept among the criminal fraternity in the country at large these facts.
:24:47. > :24:49.Then we hear it can only be done one way and the only way is more Europe.
:24:50. > :24:55.The only way is with the commission and court of justice. But Interpol,
:24:56. > :24:58.according to my right honourable friend, the Home Secretary and
:24:59. > :25:03.others who have spoken, sounds like it is run by Inspector Clouseau,
:25:04. > :25:08.using sticks to carry messages between countries. That it is so
:25:09. > :25:13.slow and in, didn't it is hard to understand why Interpol exists at
:25:14. > :25:16.all. If it is quite so incompetent and lazy and idle at passing
:25:17. > :25:22.information around the world, why are we contributing to keeping it
:25:23. > :25:25.up? Is there a case for a form for Interpol to do something about it to
:25:26. > :25:29.make sure internationally and not just in the narrow European sphere
:25:30. > :25:33.we have got a means, method and ability to transmit information
:25:34. > :25:38.relating to these dangerous criminals? No, we will not bother
:25:39. > :25:42.with that. It might be hard work. Something has to be done. It might
:25:43. > :25:47.upset the nice expanding imperial European Union, which of course has
:25:48. > :25:52.to have more powers gathered for itself. The only thing that can be
:25:53. > :25:55.done is it must be done with the full mechanism of the European
:25:56. > :26:01.Union. There is no other way. And we assumed that if we were to offer
:26:02. > :26:05.bilateral agreement, intergovernmental agreement, it
:26:06. > :26:09.would be refused. The Home Office said it would be refused. It would
:26:10. > :26:13.be too difficult. Because there is another mechanism in the European
:26:14. > :26:18.Union. That makes the assumption that our friends, partners and
:26:19. > :26:22.allies in Europe are so wedded to the idea of the European Union that
:26:23. > :26:27.they will not do something they themselves wish to do because we
:26:28. > :26:32.will not agree to their specific structures for doing it and
:26:33. > :26:36.therefore we must be the ones to accept the structures instead of
:26:37. > :26:44.having a negotiation with them over what they may be. This strikes me as
:26:45. > :26:49.perverse. We know our friends in France are keen to have this
:26:50. > :26:53.exchange of information. Is the Home Secretary saying the French would
:26:54. > :26:56.not agree to an intergovernmental bilateral agreement that we would
:26:57. > :27:02.give them information and they would give information to us, because it
:27:03. > :27:05.does not meet the European ideal? Is that really what her Majesty 's
:27:06. > :27:10.government is saying? Is that the case with Germany, Italy and Spain?
:27:11. > :27:13.Are they saying we attach so much in importance to the European Union
:27:14. > :27:17.that even though we wish to share in the nation with you, even though we
:27:18. > :27:21.think it is important, that it would cut crime, we are not willing to do
:27:22. > :27:30.so? I will give way to the honourable member.
:27:31. > :27:38.There is also the decision taken by Denmark a few days ago in this
:27:39. > :27:42.enormous description of the kaleidoscope of European unity. My
:27:43. > :27:45.honourable friend is quite right, the Danish question is one of
:27:46. > :27:49.importance because Denmark, having had a referendum and having trusted
:27:50. > :27:52.their people, which we may do soon but not on this because this is so
:27:53. > :27:56.instrumental to catching terrorists and people cannot be trusted to
:27:57. > :27:59.decide whether they want to do that or not, no, this must be done by the
:28:00. > :28:07.government after a three-hour debate, although we are lucky to get
:28:08. > :28:10.a debate which we did not get on the European arrest warrant. What he
:28:11. > :28:13.appears to be suggesting is that we have a series of bilateral
:28:14. > :28:17.agreements with 20 other member States and the European Union. Isn't
:28:18. > :28:24.that what is being proposed tonight but in a more efficient way? The
:28:25. > :28:29.honourable gentleman is only party -- partly right. A curate 's egg if
:28:30. > :28:35.I may say so. It is regrettably rotten in parts. The point at which
:28:36. > :28:39.it is rotten is that is it is -- if it is done in this way comes under
:28:40. > :28:43.the competence of the European Court of Justice and proceedings can be
:28:44. > :28:49.brought by the commission. Why is this important? I accept there are
:28:50. > :28:52.protections built into Prum, that there are limits on the application
:28:53. > :28:57.of what the European Court of Justice can do, but it needs to be
:28:58. > :29:02.seen in a whole package. What we are agreeing to today is that the
:29:03. > :29:06.investigatory function should be centralised at European level, the
:29:07. > :29:10.investigatory function in relation to data held by governments, we're
:29:11. > :29:19.agreed a year ago that the arrest function should be centralised with
:29:20. > :29:22.European competence so we have an investigation, we have a rest, we
:29:23. > :29:27.have a proposal from the European Commission for a European public
:29:28. > :29:31.prosecutor. So far resisted, but this was resisted a year ago and the
:29:32. > :29:34.European arrest warrant was not Conservative Party policy until a
:29:35. > :29:39.year ago, so I wonder at the honourable gentleman sees where I am
:29:40. > :29:43.going? This is part of a package of creating European criminal justice
:29:44. > :29:49.system, and it comes, one by one, bit by bit, on every occasion it is
:29:50. > :29:52.said to be essential and that there is no opportunity of doing it
:29:53. > :29:57.differently, but if there is no opportunity of doing it differently,
:29:58. > :30:03.why is my right honourable friend, the Prime Minister, racing around
:30:04. > :30:06.European capitals, trying to reorganise -- organiser
:30:07. > :30:09.re-negotiation. Is that not banging our heads against a brick wall?
:30:10. > :30:15.Surely we should be saying in the re-negotiation, as was intimated
:30:16. > :30:18.year ago and there has been no delivery on at all, that we would
:30:19. > :30:23.make the European arrest warrant and all that goes with it part of the
:30:24. > :30:28.re-negotiation, so that we would go back to the status quo, the status
:30:29. > :30:32.quo ante from where we were prior to the Lisbon Treaty, that we do these
:30:33. > :30:42.things on an intergovernmental basis. Denmark, as my right
:30:43. > :30:45.honourable friend, my honourable friend, the member for Stone,
:30:46. > :30:48.pointed me in the direction of Denmark. Denmark has said no.
:30:49. > :30:52.Denmark will want to make arrangements with fellow European
:30:53. > :30:59.Union States to ensure that with our friends and our allies, they with
:31:00. > :31:03.their friends and allies have a means of exchanging data, of doing
:31:04. > :31:07.all of these sensible things that everybody in this house is in favour
:31:08. > :31:12.of and that must be the right thing for us also to do. But actually, it
:31:13. > :31:15.is better than that because if we were to do it on an
:31:16. > :31:20.intergovernmental basis we may decide that there are some member
:31:21. > :31:24.States of the European Union whose criminal justice systems we do not
:31:25. > :31:29.think are up to it, and I think this is an important point. My honourable
:31:30. > :31:33.friend for South Dorset referred to his constituents and the disgraceful
:31:34. > :31:37.way in which it was treated, and that was in a country where we do
:31:38. > :31:41.not have the same confidence that we have in the criminal justice
:31:42. > :31:46.processes as we do in a country like Germany or France or the United
:31:47. > :31:49.States or Canada. I think that gives us greater flexibility and there are
:31:50. > :31:53.a number of ways in which it could be done. We could have
:31:54. > :31:56.intergovernmental agreements with the European Union as a body. The
:31:57. > :32:00.European Union has a legal personality and it is therefore
:32:01. > :32:04.possible to do it on that basis but maintain control of it, maintain the
:32:05. > :32:11.rights we enjoy already and stop this rush, rush is perhaps an
:32:12. > :32:17.exaggeration. The last debate was one year ago! It is a rush in
:32:18. > :32:23.European terms to establishing a single criminal justice system. It
:32:24. > :32:30.is worrying that a government that portrays itself in election
:32:31. > :32:34.campaigns, in propaganda, in statements, as Eurosceptic, whenever
:32:35. > :32:38.it comes to the details of what it is doing turns out to think the
:32:39. > :32:44.answer is more Europe. It then says that this has to be done because we
:32:45. > :32:50.are at danger if we do not do it. The only reason we are at danger is
:32:51. > :32:54.because we assume that the European Union and its member States will not
:32:55. > :33:01.themselves be rational in their dealings with us, so that we must
:33:02. > :33:05.always give in to them. One of the greatest prime ministers this
:33:06. > :33:12.country ever saw, William Pitt, said that a necessity was the plea for
:33:13. > :33:21.every infringement of human freedom. It was the play of tyrants and the
:33:22. > :33:25.creed of slaves. This argument is dependent on necessity. I do not
:33:26. > :33:32.wish this government to be tyrannosaur, nor do I wish to be a
:33:33. > :33:36.slave. My right honourable friend, the Home Secretary, has made a very
:33:37. > :33:42.strong case for the functions which this measure would deliver and that
:33:43. > :33:46.is because there is a very strong case for the functions that would be
:33:47. > :33:48.delivered and I am astonished that Interpol does not make such
:33:49. > :33:53.functions available to the whole world and we seem to have given up
:33:54. > :33:56.on making Interpol fit for the 21st century and a world of global crimes
:33:57. > :34:01.in which we ought to be able to pursue people wherever they come
:34:02. > :34:07.from, not merely in the European Union. The key problem at stake here
:34:08. > :34:12.is actually rehearsed in the government's business case for Prum.
:34:13. > :34:19.It says on page 51, the current government would not have ceded CJ
:34:20. > :34:22.your restriction over policing and criminal justice over negotiation of
:34:23. > :34:28.the Lisbon Treaty. We see immediately where the
:34:29. > :34:32.governmenthearties. It is clear that accepting the Court of Justice in
:34:33. > :34:39.the EU jurisdiction is not risk free. This is because they can rule
:34:40. > :34:43.in unexpected and unhelpful ways. It goes on to talk about how difficult
:34:44. > :34:52.it is to overturn decisions that have made by that court and it goes
:34:53. > :34:56.on to say the government considers that the risk of CJEU jurisdiction
:34:57. > :34:59.is at its greatest in matters to substantive criminal law and this is
:35:00. > :35:02.a matter that should be determined by our sovereign parliament,
:35:03. > :35:06.particularly given the relative measures are often open to wide
:35:07. > :35:12.interpretation. This also reduces the risk of the EU obtaining
:35:13. > :35:15.exclusive competence in relationship to such matters. The government
:35:16. > :35:20.expresses concern about the prospect of third country agreements and this
:35:21. > :35:26.is the problem. If we hand over control over this area, we will be
:35:27. > :35:29.in a position where the EU is able to enter into third country
:35:30. > :35:33.agreements and we will not be able to do anything about it because we
:35:34. > :35:37.will be under the jurisdiction about European Court. This is the heart of
:35:38. > :35:41.the matter. Again and again and again the government is a foot
:35:42. > :35:46.dragon and a reluctant participant in these European men -- measures
:35:47. > :35:49.and yet we go ahead anyway, despite all of our misgivings. This is
:35:50. > :35:53.something which we really ought not be going ahead and doing. Despite
:35:54. > :35:57.how other members have played it down it is a serious matter that we
:35:58. > :36:03.should, as my honourable friend for North Somerset has explained, we
:36:04. > :36:06.should be progressively surrendering our own system of justice and
:36:07. > :36:10.criminal affairs. I do not think it is right that we should constantly
:36:11. > :36:15.be positioning ourselves as judging on merits moment after moment and be
:36:16. > :36:20.continuing down a path to this position of integration. My
:36:21. > :36:23.honourable friend, the Prime Minister, and the Home Secretary,
:36:24. > :36:28.has made similar remarks at points in the past. I will not torture them
:36:29. > :36:32.by putting them onto the record now but it seems to me there is at work
:36:33. > :36:36.here a clash between heart and head. In our hearts we want our parliament
:36:37. > :36:40.to be sovereign and we want to cooperate in pragmatic and
:36:41. > :36:44.reasonable ways. Of course we all do. Then our pragmatism takes over,
:36:45. > :36:48.the government 's pragmatism takes over. It seems that incorporate an
:36:49. > :36:53.intergovernmental basis the right to bring issue such a treaty rise with
:36:54. > :36:57.the European Commission. They are not interested in bringing forward
:36:58. > :37:01.such a treaty because there is already the Prum arrangements before
:37:02. > :37:05.us, so what do we do? Instead of asking the Prime Minister to
:37:06. > :37:08.re-negotiate this particular set of powers in his renegotiation which is
:37:09. > :37:12.outstanding and which would be consistent with what he said before
:37:13. > :37:17.and consistent with the tone of what is in the report. Instead of asking
:37:18. > :37:20.to re-negotiate, instead we do what is easy and we opt in because there
:37:21. > :37:25.it is before us. I think we should go another way, Mr Deputy Speaker, I
:37:26. > :37:29.think we should vote to leave the European Union, we should take
:37:30. > :37:35.control back to our Parliament and of course deliver these practical,
:37:36. > :37:38.sensible measures with safeguards which at this Parliament can have
:37:39. > :37:43.authority over and go forward on a different basis of trading
:37:44. > :37:51.Corporation and act to deliver it as we mean it. I am glad we have had
:37:52. > :37:55.the opportunity to debate the business and implementation of the
:37:56. > :37:59.Prum decisions. It has been a very wide range of debate and I
:38:00. > :38:03.appreciate that. I am pleased to say that I support the conclusion in
:38:04. > :38:08.favour of rejoining. I also welcome the government's change of heart
:38:09. > :38:12.relating to these decisions, even if it has taken over a year to reach
:38:13. > :38:16.this point. I am glad they are now listening to the evidence, rather
:38:17. > :38:19.than just their backbenchers fears about the E. They recognise these
:38:20. > :38:24.measures improved policing capability in the United Kingdom and
:38:25. > :38:28.across the house. I would like to pay tribute to the Right Honourable
:38:29. > :38:32.members of Lee and Ashford who made reference to the fact that our
:38:33. > :38:52.freedoms, civil liberties and laws are built on the foundations of
:38:53. > :38:55.security and safety for all of our citizens and I believe that Prum
:38:56. > :38:56.seeks to enhance that. The recent attacks in Paris have again
:38:57. > :38:59.demonstrated the importance of working closely with other member
:39:00. > :39:01.States, to ensure that our police forces have the best possible means
:39:02. > :39:03.at their disposal for combating crime and ensuring the protection of
:39:04. > :39:07.our citizens. I thank the shadow minister for giving way. Interpol
:39:08. > :39:14.has a motto that says, connecting police for a safer world. I do
:39:15. > :39:18.actually accept the point that Interpol could do this very well if
:39:19. > :39:24.it was to get its act together. Not just in Europe, but across the
:39:25. > :39:28.world. I thank the honourable member for his intervention and for me,
:39:29. > :39:32.personally, I think we should use all measures and all tools at our
:39:33. > :39:36.disposal because what I am seeing, particularly in my field of abuse,
:39:37. > :39:39.is that the criminals are working internationally now and we must do
:39:40. > :39:46.all that we can to try and prevent that. I am aware that opting into
:39:47. > :39:51.Prum may seem like a technical matter but it speaks to a deeper
:39:52. > :39:54.issue, that we can and do achieve more by cooperation with our
:39:55. > :39:57.European partners family can individually. On this side of the
:39:58. > :40:00.house with firmly believe that by working with our European partners
:40:01. > :40:06.on matters such like this we are more than just the sum of our parts.
:40:07. > :40:12.As we heard these decisions have requirements are sharing data on DNA
:40:13. > :40:17.profiles and fingerprint images. These are vital needs for improving
:40:18. > :40:21.policing across the EU. However, in an attempt to appease Eurosceptic
:40:22. > :40:26.backbenchers this government opted out of them in 2013, with this
:40:27. > :40:32.taking effect on the first December 2014. Although the government opted
:40:33. > :40:36.back into 35 justice measures the Prum decision was not amongst them.
:40:37. > :40:39.Labour was opposed to this decision at the time and we are pleased that
:40:40. > :40:45.the government has come to its senses and now sees the benefit of
:40:46. > :40:48.these measures. Before I come onto why we support rejoining Prum and
:40:49. > :40:52.bring forward some outstanding questions for the minister, it is
:40:53. > :40:56.important that we set the original opt out in context. The Right
:40:57. > :41:00.Honourable member for Leicester East reminded that house that in
:41:01. > :41:03.justifying the decision not to rejoin Prum in July last year the
:41:04. > :41:07.Home Secretary stated that they had neither the time nor the money. I'm
:41:08. > :41:12.glad to see that they now have the time and the money to devote to this
:41:13. > :41:18.important issue. It is hard to shake the suspicion that as well as time
:41:19. > :41:22.and money, the government were lacking the inclination last year,
:41:23. > :41:25.due to the need to appease their backbenchers. We all remember the
:41:26. > :41:29.pressure they were under in regard to the European arrest warrant and
:41:30. > :41:33.we have seen today there are divisions within the party regarding
:41:34. > :41:37.Prum. I welcome the change in stance and the willingness of the Tory
:41:38. > :41:41.party to now stand up to their backbenchers but I do wish there had
:41:42. > :41:45.not been the need for a delay of over a year. The demonstrated
:41:46. > :41:48.benefits of Prum mean there is likely to have been a negative
:41:49. > :41:52.impact on British policing caused by this delay so it is important
:41:53. > :41:54.legislation is now brought forward as soon as possible. I would now
:41:55. > :42:08.like to turn to the benefits. And outlined. The business case
:42:09. > :42:12.clearly showed there would be public protection benefits, there is a need
:42:13. > :42:16.for balance and safeguards. I have a number of questions relating to this
:42:17. > :42:22.and I would appreciate it if their minister could answer. It is right
:42:23. > :42:29.and proper if we only send information abroad about people
:42:30. > :42:34.convicted in the UK. The risk of positive matches is another serious
:42:35. > :42:39.issue. While it is promising that the government business case find
:42:40. > :42:45.there was increased convergence in DNA testing across member states, we
:42:46. > :42:51.would like to see a requirement that DTP collected using quality
:42:52. > :42:59.assurances. On this issue, handmade minister confirmed prior to chance
:43:00. > :43:03.feeding -- transcending information there will be more than the minimum
:43:04. > :43:11.of six local I required by Prum Decisions. Can the Minister give an
:43:12. > :43:14.example of when the Minister thinks the test would prevent personal
:43:15. > :43:19.information being sent abroad due to the offence being investigated being
:43:20. > :43:25.insufficiently serious. The test for proportionality is not included in
:43:26. > :43:28.the government's draft legislation, can the Minister clarify whether it
:43:29. > :43:33.would be on the face of any legislation and to be be responsible
:43:34. > :43:39.for taking his decisions? In additions to these concerns, I have
:43:40. > :43:44.another -- a number of other outstanding issues I would like
:43:45. > :43:47.clarified. The cost of Prum Decisions will be ?13 million and
:43:48. > :43:53.there will be additional downstream costs, can the Minister clarify how
:43:54. > :43:58.the is eating millions are being made from the previous estimate of
:43:59. > :44:03.13 million? What are the annual costs for the rest of this
:44:04. > :44:07.Parliament? It is important that is ongoing transparency and scrutiny to
:44:08. > :44:11.make sure the measures are operating effectively. Minister tell the House
:44:12. > :44:14.what plans that are to publish details of the number of number of
:44:15. > :44:20.pieces of information being sent abroad from the UK as well as the
:44:21. > :44:24.number being denied due to feelings of their proportionality test? Can
:44:25. > :44:29.the Minister also tell the House about the time frame of bringing
:44:30. > :44:34.forward the legislation to rejoin Prum Decisions and how long until
:44:35. > :44:38.the system is operational? Given the delay caused by the initial opt out
:44:39. > :44:44.of Prum Decisions, preventing further delays should be a matter of
:44:45. > :44:47.priority for the government. Labour supported them Prum Decisions when
:44:48. > :44:52.they were in government and supported the opt out, we are
:44:53. > :44:59.therefore happy to support the motion to de-authorising the
:45:00. > :45:06.government to rejoin. -- authorising the government. Thank you, Mr Deputy
:45:07. > :45:12.Speaker, can I thank all those who took part in the debate. We have
:45:13. > :45:15.listened carefully to their range of opinions expressed and the different
:45:16. > :45:24.views which were provided by the honourable gentleman of the front
:45:25. > :45:32.bench, the Member for Southwest, Ashford, Berwick-upon-Tweed,
:45:33. > :45:37.Belfast, Somerset and rather. It has been good we have had a debate
:45:38. > :45:44.representing all of the different aspects of their views. -- and
:45:45. > :45:51.rather run. It is right we underline the benefits which are given through
:45:52. > :45:56.the Prum Decisions. Before I respond to some of the specific points which
:45:57. > :46:01.have been raised, I would like to make some opening comments and
:46:02. > :46:09.observations. Firstly, the evidence gathered both with our pilot and the
:46:10. > :46:13.already operating system, shows that overwhelmingly signing up to Prum
:46:14. > :46:18.Decisions will benefit our police and help keep the country safe. This
:46:19. > :46:23.is not a case of guessing what will happen. We actually have the
:46:24. > :46:29.evidence. As the Leader of the House of Lords us in July last year, we
:46:30. > :46:34.want to participate in measures which contribute to the fight
:46:35. > :46:38.against international crime, that remains the position now and in our
:46:39. > :46:42.judgment Prum Decisions is clearly in that category. When I see a
:46:43. > :46:48.foreign national walking around free in the UK is now Langbaurgh is
:46:49. > :46:56.because of our pilot, I can only conclude that that is a good thing.
:46:57. > :47:04.-- is now behind bars. I hope this is a view which is shared across the
:47:05. > :47:09.House and shared by the public. Its use in investigating and identifying
:47:10. > :47:14.at least one of the Paris attackers seems particularly pertinent at this
:47:15. > :47:18.time. From my time as security minister, I know how important it is
:47:19. > :47:25.we get the police the tools they need to do the vital job of keeping
:47:26. > :47:29.us safe. Keeping the public sees is the most important task entrusted to
:47:30. > :47:35.us as members of this House. -- the public safe. We already exchange
:47:36. > :47:41.information with other countries. Prum Decisions is about automating
:47:42. > :47:45.and speeding up that cooperation. Making it business as usual thorough
:47:46. > :47:52.police and increasing their capabilities to solve crime. When my
:47:53. > :47:55.right honourable friend spoke earlier, she quoted various senior
:47:56. > :48:01.law-enforcement officers who support joining Prum Decisions. When you
:48:02. > :48:09.think it can take months for the Interpol system to work, but under
:48:10. > :48:14.Prum, DNA and fingerprints would be available within ten seconds, 15
:48:15. > :48:21.minutes and 24-hour is respectively so you can see why they support it.
:48:22. > :48:24.When the heads of the Metropolitan Police, and the crime prosecution
:48:25. > :48:30.service are unequivocal about that fact, it is therefore important that
:48:31. > :48:35.we be attention. If I can finish this point, it is worth repeating
:48:36. > :48:40.that the director of public prosecutions has said the existing
:48:41. > :48:44.process, the lack of response times, often leads to delay and can take
:48:45. > :48:48.many months for a response to be processed which provides the
:48:49. > :48:55.assailant with time to leave the UK or even commit further offences,
:48:56. > :49:01.both of which are unacceptable. She added that the automated search for
:49:02. > :49:06.data provided by the Prum Decisions is more likely to lead to the
:49:07. > :49:09.earlier detection of claims and detention of those responsible.
:49:10. > :49:12.Prosecutions will be able to take place with evidence which is
:49:13. > :49:16.otherwise unavailable which will in turn reduce the number of unsolved
:49:17. > :49:21.crimes such as murder and rape committed by foreign nationals and
:49:22. > :49:25.provide an improved service to the public and victims and their
:49:26. > :49:30.families. It is not only about locking up foreign criminals but
:49:31. > :49:35.about justice for victims. Thank you. I'm grateful to the Minister.
:49:36. > :49:39.He will know from the comments made by a number of members that there
:49:40. > :49:44.has been criticism of the fact that the Irish government has not signed
:49:45. > :49:50.up this convention. I am curious to know when any minister in the Home
:49:51. > :49:55.Office has spoken to a minister in the Irish government about improving
:49:56. > :49:59.cooperation in fighting terrorism and policing, it is important that
:50:00. > :50:04.is that cooperation between the British Government and the Irish
:50:05. > :50:09.government on this serious issue. I can assure her that we actually have
:50:10. > :50:17.regular discussions with the Republic of Ireland government.
:50:18. > :50:22.About issues of security, safety, the operation of Common travel
:50:23. > :50:28.areas, recognising the sheared risks and beans so it is something I can
:50:29. > :50:31.assure her that the most recent discussion took place last week when
:50:32. > :50:37.I had a conversation with the Irish Justice Ministry. These are things
:50:38. > :50:41.we take seriously. We recognise the specific issues and challenges we
:50:42. > :50:49.need to keep in mind of why that is an open dialogue. I will give way.
:50:50. > :50:54.Thank you. I thank the Minister for giving way. I'm still confused as to
:50:55. > :51:04.why Interpol would take months to provide such information when this
:51:05. > :51:09.Prum can do it in minutes, seconds, something is wrong. Why is Interpol
:51:10. > :51:19.so incompetent? I think my honourable friend is talking about
:51:20. > :51:26.two different things. The process with Prum is an automatic process, a
:51:27. > :51:30.portal by which member states and third information against other
:51:31. > :51:35.member states. The processes through Interpol are much more manual and
:51:36. > :51:41.therefore intensive which explains the differences in time. We have
:51:42. > :51:44.considered these issues carefully. The Interpol arrangements remain
:51:45. > :51:49.valid and we continue to work to seek further improvement but I do
:51:50. > :51:53.not think that stands in the way of what is proven to be an effective
:51:54. > :51:59.system which will help us in the fight against Crewe banality. The
:52:00. > :52:04.further point I would make is that security, public station and civil
:52:05. > :52:10.liberties only to be balanced. -- criminality. I was clear about this
:52:11. > :52:14.from the outset which is why I insisted that only the DNA and
:52:15. > :52:19.fingerprints of those convicted should be searched against and we
:52:20. > :52:25.insisted we apply UK scientific standards before we release personal
:52:26. > :52:31.data. We also insisted that we have both biometric and information
:52:32. > :52:34.Commissioners through this process and the oversight arrangements draw
:52:35. > :52:38.in representation throughout the United Kingdom and that will remain
:52:39. > :52:44.valid. I do believe we have the balance correct here. Prum will help
:52:45. > :52:50.us protect the public and I believe we will do so in a way which is
:52:51. > :52:53.respectful of civil liberties, so does the independent DNA ethics
:52:54. > :52:57.board and that is why we are bringing this motion before the
:52:58. > :53:03.House today. To respond to a number of themes which were outlined,
:53:04. > :53:09.especially in relation to the issue of the European Court of Justice's
:53:10. > :53:15.jurisdiction. I want to outline clearly to the House that the UK is
:53:16. > :53:23.clear that it cannot support and EU criminals to systems. Prum Decisions
:53:24. > :53:25.is about making existing cooperation work more efficiently rather than
:53:26. > :53:31.creating criminal procedural rules. To respond to the -- to the point
:53:32. > :53:40.made by my honourable friend from Daventry, when we look at issues it
:53:41. > :53:43.is on a case-by-case basis. We put the national interest at the heart
:53:44. > :53:49.of our decision-making. We will consider each opt in decision
:53:50. > :53:55.whether to maximising our country's security, protecting civil liberties
:53:56. > :54:00.and the integrity of her criminal system and control of immigration. I
:54:01. > :54:05.see to their member for Somerset, this government will not opt in to a
:54:06. > :54:14.proposal concerning our European public prosecutor. On the issues of
:54:15. > :54:16.oversight and the role of the European Court of Justice
:54:17. > :54:21.jurisdiction and whether this has some impact on the operation of our
:54:22. > :54:30.DNA database for example, I underline that the Prum decisions
:54:31. > :54:36.are all about the exchange of data. Article 72 of the treaty makes it
:54:37. > :54:41.clear about how we deal with DNA for our own security is a matter for
:54:42. > :54:48.member states. Equally, on the broader themes of European Court of
:54:49. > :54:53.Justice jurisdiction, I repeat what the Home Secretary said, it is clear
:54:54. > :54:59.we are allowed to limit searching to conviction only profiles. The
:55:00. > :55:03.articles make it clear we only have to make it clear to the general
:55:04. > :55:08.secretary about which protocols will be made available for searching
:55:09. > :55:13.under Prum and imposing a higher scientific standard before releasing
:55:14. > :55:17.personal data is covered under Article five and makes it clear that
:55:18. > :55:25.the process is subject to National Mall, not EU law. -- national law.
:55:26. > :55:30.Whether there was evidence and the benefits were shown, the reference
:55:31. > :55:35.was anecdotal, I would highlight from our pilot there were around
:55:36. > :55:43.2500 pilot crime scene profiles which were sent to the four member
:55:44. > :55:49.states which yielded 71 person matches which relates to hits for a
:55:50. > :55:54.wide range of crimes, including sexual assault as well as domestic
:55:55. > :56:02.and commercial burglaries. It highlights the real benefits which
:56:03. > :56:08.were shown. I will give way. I think in forgiving away -- way. What is
:56:09. > :56:16.the difference once we are in the system, in Prum, in relation to the
:56:17. > :56:25.European Court? In deciding to opt into the Prum Decisions becomes
:56:26. > :56:30.subject to the jurisdiction of the European Court. Many other European
:56:31. > :56:35.countries... Have been subject to this number of years but it is the
:56:36. > :56:40.interpretation of the decision and that is about the practical
:56:41. > :56:44.operation and that is why I make the distinction about the safeguards
:56:45. > :56:47.which are contained in the Prum Decisions themselves about how we
:56:48. > :56:53.hold data and how that is subject to national law. About the decisions
:56:54. > :56:58.which are then taken about what actions are taken about their hits
:56:59. > :57:02.which is again subject to national law. It is national law which will
:57:03. > :57:09.determine those decisions and why it is expressed in the manner it is.
:57:10. > :57:15.The extent of European Court of Justice relates to the process which
:57:16. > :57:19.is put in place but our judgments, to reflect his point, it is in the
:57:20. > :57:22.best interests of this country to opting because of the very tactical
:57:23. > :57:33.cooperation measure that this provides two eyes. -- to us.
:57:34. > :57:38.There is no requirement arising from this motion directly but there are
:57:39. > :57:44.ongoing discussions in regards to the implementation with respect to
:57:45. > :57:48.there has been a draft and whether it requires legislative consent or
:57:49. > :57:56.not. There are ongoing discussions in relation to that specific point.
:57:57. > :58:04.The question was raised by the honourable lady from Edinburgh. The
:58:05. > :58:10.regulations state that searches should only take place in relation
:58:11. > :58:15.to serious crime like terrorism. I hope that is reassuring. The
:58:16. > :58:20.honourable member for Ashford highlighted a NPR and there will be
:58:21. > :58:25.no access to historic AMP are data through Prum and any requests for
:58:26. > :58:27.that would have to be made through a judicial mutual assistance request
:58:28. > :58:32.and I hope that will be helpful to him because the vehicle data
:58:33. > :58:36.information is very basic, it is keep us details about the vehicles
:58:37. > :58:40.itself, which may be very relevant in seeing and establishing whether
:58:41. > :58:47.you actually have the authorised person driving the vehicle has been
:58:48. > :58:51.used in respect of serious crime. The honourable lady from Edinburgh
:58:52. > :58:55.South West asked about the nature of the database that we use our map. We
:58:56. > :58:59.do not split the DVLA database into those convicted of an offence and
:59:00. > :59:03.those who are not so practically it would be very difficult to do and
:59:04. > :59:08.why pragmatically we take the view that it is appropriate to allow that
:59:09. > :59:12.search. Indeed maybe you have a vehicle registered to keep and it
:59:13. > :59:17.may be relevant as to who was driving that, and therefore why we
:59:18. > :59:20.judge that balancing it in this way is the appropriate thing. I would
:59:21. > :59:26.also underline the separate process, and this is a separate process, in
:59:27. > :59:29.relation to what further steps may happen. The European arrest warrant
:59:30. > :59:33.was highlighted and that is a separate process from this. This is
:59:34. > :59:37.about identifying whether there is a hate and whether there is further
:59:38. > :59:41.investigation that should happen and then what actions will follow
:59:42. > :59:45.through and that will be determined by those separate processes. I will
:59:46. > :59:52.underline the steps this government has taken to put further protections
:59:53. > :59:54.in place around the European arrest warrant and pre-trial detention and
:59:55. > :59:59.proportionality and various other steps. Ultimately the choice before
:00:00. > :00:02.this house this evening is a straightforward one. Do we want to
:00:03. > :00:06.give our police the tools they need to do their job? The tools that will
:00:07. > :00:09.let them solve crimes and lock up foreign criminals, the tools that
:00:10. > :00:13.have been shown to work, the tools that will keep the British public
:00:14. > :00:17.safe but will do so in a way consistent with our values and which
:00:18. > :00:21.protect the rights of British citizens. Mr Deputy Speaker, I
:00:22. > :00:33.believe that we should do so and that is why this government supports
:00:34. > :00:35.signing up to Prum and why we judge that these measures are appropriate
:00:36. > :00:38.and they are bounded by safeguards that we judge will be effective but
:00:39. > :00:39.will make the difference in the fight against crime, the fight
:00:40. > :00:41.against terrorism, ensuring law enforcement agencies have the
:00:42. > :00:44.information they need in keeping our country and our citizens safe and I
:00:45. > :00:51.commend this resolution to the house. The question is the amendment
:00:52. > :00:54.be made, as many that opinion it say I, to the contrary, no. Clear the
:00:55. > :02:27.lobbies. The question is the amendment be
:02:28. > :02:29.made, as many are of that opinion say aye, as many to the contrary say
:02:30. > :17:10.no. The question is as on the order
:17:11. > :17:14.paper, as many of that opinion is the yes.
: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 is
:17:35. > :17:37.The question is as on the order paper, as many of that opinion
:17:38. > :18:10.We now come to petitions, Fiona Bruce. Can everybody just wait, let
:18:11. > :18:19.us clear the chamber. Order. Fiona Bruce. Thank you. I present a
:18:20. > :18:25.petition on behalf of my constituents, signed by 621
:18:26. > :18:32.individuals, it can -- it opposes the introduction of a car park
:18:33. > :18:39.charging system and ask is that this proposal be reversed since my
:18:40. > :18:45.constituents are aware that such a charging system used elsewhere, at
:18:46. > :18:50.Macclesfield General Hospital, has resulted in severe distress to
:18:51. > :18:54.patients and visitors at highly vulnerable moments in their lives.
:18:55. > :18:58.The position request that the House of Commons urges the government to
:18:59. > :19:06.put pressure on Cheshire School is to fully remove charges for parking
:19:07. > :19:22.at Congleton War Memorial Hospital. Hear, hear. Petition, car parking
:19:23. > :19:31.charges at Congleton War Memorial Hospital. Petition, Sir William
:19:32. > :19:38.Cash. Thank you. I present this petition on behalf of the residents
:19:39. > :19:41.of the constituency in Staffordshire relating to the reopening of
:19:42. > :19:46.Barlaston railway station in Stoke-on-Trent which has been put
:19:47. > :19:53.together by many people, including the chairman of the real promotion
:19:54. > :19:58.group. The petition to clear is that residents of Barlaston request the
:19:59. > :20:03.reopening of Barlaston railway station and that the station was
:20:04. > :20:09.taken out of service as a consequence of the West Coast
:20:10. > :20:13.mainline upgrade in 2003. Further, at present anyone wishing to travel
:20:14. > :20:19.by train from Barlaston must first take one or two MAC buses and or
:20:20. > :20:27.undertake journeys on food to real replacement buses which is a
:20:28. > :20:32.significant inconvenience and means access to the railway network is
:20:33. > :20:39.considerably difficult. The success of the reopening of stored railway
:20:40. > :20:44.station in 2008 has demonstrated the potential for local stations to
:20:45. > :20:50.thrive. Further, since stone railway station reopened which I supported,
:20:51. > :20:55.Stone has seen a remarkable growth in its annual passenger figures
:20:56. > :21:06.which have more than doubled from 48,000 in 2009 up to 100,020 14. The
:21:07. > :21:09.London Euston crew trained already runs through Barlaston station
:21:10. > :21:16.without stopping. The petitioners request that the House of Commons
:21:17. > :21:21.urges the department of transport to reopen Barlaston railway station.
:21:22. > :21:44.There are 906 signatures to the petition. The petitioners remain
:21:45. > :22:00.except trust. -- remain. Petition, reopening of Barlaston railway,
:22:01. > :22:05.Stoke-on-Trent. I beg to move this House should now adjourn. The
:22:06. > :22:13.question is this how should now adjourn. Thank you, Mr Deputy
:22:14. > :22:18.Speaker, I first raised this issue at business questions asking for a
:22:19. > :22:22.debate on the topic. Can I thank the Speaker for granting me the
:22:23. > :22:26.opportunity of raising the issue of disabled parking permits in the
:22:27. > :22:33.London Borough of Harrow. There are two MAC aspects I want to cover
:22:34. > :22:38.tonight. The first is the abuse of disabled parking permits which is a
:22:39. > :22:44.scourge but also the system that Harrow has introduced which is
:22:45. > :22:48.preventing a large number of disabled constituents from actually
:22:49. > :22:55.receiving a permit when they should be in receipt of such a permit. The
:22:56. > :22:59.blue badge scheme was created to give a free and dedicated parting --
:23:00. > :23:06.parking close to amenities for drivers and passengers with mobility
:23:07. > :23:12.difficulties or those who are blind. They are allowed to park for up to
:23:13. > :23:16.three hours and are exempt from the Central London congestion charge,
:23:17. > :23:25.the pass is valid from maximum of three is. I would stress that the
:23:26. > :23:30.various different individual cases I will quote are people who wear in
:23:31. > :23:36.receipt of a disabled badge and have had them removed. -- three years.
:23:37. > :23:41.We're all an annoyed when they see abuses of the system, such as those
:23:42. > :23:49.individuals who are perfectly able-bodied who borrow blue badges
:23:50. > :23:52.and then park in controlled parking zone is unlawfully, especially
:23:53. > :23:57.around football grounds and supermarket car parks and other
:23:58. > :24:04.areas. We must condemn those people that do that. We have had in Harrow
:24:05. > :24:10.a situation where abuses have been a problem. The general misuse of a
:24:11. > :24:20.blue badge can carry a fine of up to ?1000. Stool and or fake badges
:24:21. > :24:24.using a pass from the diseased -- deceased person can result in
:24:25. > :24:30.imprisonment or a ?5,000 fine. -- stolen. I congratulate Harrow and
:24:31. > :24:38.their fraud team for their efforts to tackle this issue. In June 2010,
:24:39. > :24:48.and operation cactus, 15 badges were seized. In July 2010, operation
:24:49. > :24:52.daffodil, 16 were seized. In December 2010, operation
:24:53. > :24:59.elderflower, 16 further badges were seized. In May 2011, operation
:25:00. > :25:08.foxglove, 13 were seized. You may see the dressed dear, different
:25:09. > :25:17.types of operations. -- the dressed dear. 16 further badges were seized.
:25:18. > :25:21.Six -- 76 badges were seized overall, there were two
:25:22. > :25:27.prosecutions, 32 cautions issued and one warning. Operations continued in
:25:28. > :25:32.2013 and more than 60 blue badges were seized. It is clear there were
:25:33. > :25:38.a number of abuses of the system. It dates back many years. When
:25:39. > :25:43.relatives borrow our past, that is taking away a piece -- a space which
:25:44. > :25:48.should be used by genuine disabled people. There is no doubt a
:25:49. > :25:53.crackdown was necessary. It is no surprise Harrow Council made efforts
:25:54. > :25:55.to toss in the entire system which I applaud. Spot checks have continued
:25:56. > :26:01.and they are still finding people and they are still finding people
:26:02. > :26:07.abusing the system. However, the problem is this has gone too far the
:26:08. > :26:12.other way. With genuine blue badge holders being denied and the process
:26:13. > :26:16.for getting one need far too difficult. I have the privilege of
:26:17. > :26:22.representing an area of London which has the demographic of people living
:26:23. > :26:34.for longer than any other parts of London. Therefore there are
:26:35. > :26:40.individuals who are... Order, order. Subtitles will resume the later.