Criminal Law Debate

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Department: Home Office
Monday 10th November 2014

(9 years, 6 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I recognise the case that the hon. Lady raises and her concern about it. I do not think it would be right for me to comment from the Dispatch Box on an individual case, particularly one that involves certain other matters that are not only relevant to the measures that we are discussing. As she says, they relate to decisions taken some time ago about the issue of on-the-runs.

Michael Ellis Portrait Michael Ellis (Northampton North) (Con)
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May I commend my right hon. Friend and ask her to stick to her guns on this matter? She is delineating the changes that she has caused to be made to the European arrest warrant. It is different from how it was before, and we can and must support it in the interests of justice, because it will prevent this country from becoming a safe haven for terrorists and criminals. Furthermore, does she recall that Keith Bristow, the head of the National Crime Agency, told the Committee that I sit on, the Home Affairs Committee, that he supported the European arrest warrant? He said that it was the best tool to accomplish what my right hon. Friend and the rest of the House want to achieve.

Theresa May Portrait Mrs May
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My hon. Friend makes a good point, and as an assiduous member of the Home Affairs Committee he has looked at the matter in some detail. He is absolutely right that the Committee was clear about the benefits of the European arrest warrant. We have indeed made changes to it, thanks to which the National Crime Agency refuses requests before they even get to our courts in the case of the most trivial offences, freeing up police and court time for more serious matters.

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Theresa May Portrait Mrs May
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If the right hon. Lady is concerned about the operational gap, she is perfectly able to vote for the regulations we have put before the House tonight. She talks about wanting to have time for debate. I say to her that we had time for debate and what has happened is she has raised another motion that is interrupting that time for debate.

Michael Ellis Portrait Michael Ellis
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Does my right hon. Friend agree that this is an example of game-playing by the Labour party on a crucial matter of law and order and the national security of this country? Opposition Members stand up and say at length how they want to debate this matter, how they want to extend the debate and how they want to cover every angle of it, and then they use an arcane procedure, for which we have to look up the precedents in “Erskine May”, to curtail the debate, and they do so with a view only to obstruct the proper business of this House, against the interests of justice and law and order.

Theresa May Portrait Mrs May
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I say to my hon. Friend—

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Theresa May Portrait Mrs May
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My hon. Friend puts it very well. We said that we would bring this debate to the House and enable a vote to take place according to a particular timetable, and we have done so. We have introduced the measures in the form of regulations because these are the only ones that require transposing into UK legislation. It is absolutely clear what the legislative approach would be. I think that Members would be unwilling to accept any decision by the Government not to introduce the regulations or not to show Members before the 1 December cut-off date what those regulations would look like.

I have not been in this House for quite as long as some right hon. and hon. Members but it is clear to me that all hon. Members wanted an opportunity to stand up and put their arguments on a variety of matters, including the European arrest warrant. That option was open to Members tonight, but the shadow Home Secretary is saying that she wants to forget about the timetable and about our need to put the regulations before the House. Instead, she seems to be saying that the Government should not have brought the debate to the House, because she does not happen to think we have done it in the way she wanted. Well, that is not a position that I am willing to accept. I have made it clear why the regulations have been brought forward and why we feel it necessary to do so. We have debated the European arrest warrant and, had she not moved her motion, other Members would have been able to debate it as well. Her motion is not an attempt to ensure that the House has a proper debate. It is not an attempt to ensure that the House votes on these important measures. It is just an attempt to take away—

Michael Ellis Portrait Michael Ellis
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Does my right hon. Friend agree that the motion smacks of political opportunism on the part of the Opposition? Does she also agree that it is ironic, or perhaps just odd, for them to be talking about voting on this matter given that we are in this position as a result of the Lisbon treaty, which the Labour Government negotiated so ineptly and negligently? In the light of the incompetence of the previous Labour Government and of the current Labour Opposition, one might almost think that they were leaderless.

Theresa May Portrait Mrs May
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I thank my hon. Friend for reminding us of the difficulties that the Labour party is having with its leadership. I will make no further comment—[Interruption.] He tempts me to comment on why the shadow Home Secretary has been intervening in the debate in certain ways this evening, but I will not do so. He has made an important point.

Earlier, I asked the right hon. Lady who had negotiated the opt-out, opt-in arrangements in the Lisbon treaty. She was unwilling to answer the question, because it followed on from her complaining about the inadequacies of those arrangements. Those inadequate arrangements were negotiated and introduced by her own Government, of whom she was a Cabinet member. She refused to accept that point, however. She will not accept any suggestion that we are now having to deal with these opt-out, opt-in arrangements as a direct result of the Labour Government’s negotiations on the Lisbon treaty. This situation is not a result of the way in which this Government have been dealing with these matters. I have made it clear that we should have been able to continue the debate tonight. It is quite wrong for the right hon. Lady to have introduced the new motion and I hope that, on that basis, hon. Members will vote against it.