European Union (Croatian Accession and Irish Protocol) Bill

Mark Durkan Excerpts

Tuesday 27th November 2012 Commons Chamber

[Mr Lidington]

Indeed, Mr Crausby. I welcome the outbreak of bipartisanship.

Finally, one of the lessons is the importance of building alliances with other member states on these issues, because we are far from being the only country that has these concerns.

[Mark Durkan (Foyle) (SDLP)]

I thank the Minister for giving way, as I know he wants to conclude. He said he did not want to go through the clause subsection by subsection, but will he take the opportunity to clarify the different applicable maximums between England and Wales, on one hand, and Scotland and Northern Ireland on the other? Some of his hon. Friends may feel that those of more dodgy intent could be motivated to stay in England and Wales, rather than Scotland or Northern Ireland.

[Mr Lidington]

This boils down to differences in the legal systems operating in different parts of the United Kingdom. I presume that the hon. Gentleman is referring to subsections (4) to (6).

Subsection (4) provides that an offence by virtue of these regulations will be a summary offence and that any fines or prison sentences imposed will not exceed the applicable maximum levels or terms on the relevant scale. Subsections (5) and (6) provide clarity on the maximum prison terms applicable for these offences and the differences between maximum terms of imprisonment in England and Wales, and Scotland and Northern Ireland. For England and Wales, the maximum possible prison term is 51 weeks. For Scotland and Northern Ireland, the maximum possible prison term for an employee or a deception offence is three months, whereas for an employer this stands at six months.

Subsection (6) further clarifies that if the offences were committed in England and Wales before the commencement of section 154(1) of the Criminal Justice Act 2003, they will be liable for the same penalties previously outlined for Scotland and Northern Ireland—three and six months respectively—but, as the Committee will know, section 154(1) has not yet commenced, so the applicable maximums for the whole United Kingdom will remain at three and six months respectively for the time being. I hope that that provides the hon. Gentleman with the assurance he seeks.

We have had an interesting debate on some of the concerns in the Committee and the country about the freedom of movement, but I think there has also been a consensus in support of transitional regulations. I therefore commend the clause to the Committee.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.



Clause 5

Orders under section 4: Parliamentary control.