EU Justice and Home Affairs Measures Debate

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Department: Home Office

EU Justice and Home Affairs Measures

Michael Ellis Excerpts
Wednesday 19th November 2014

(9 years, 5 months ago)

Commons Chamber
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Michael Ellis Portrait Michael Ellis (Northampton North) (Con)
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We have seen Labour at its most opportunistic and cynical. The shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) complained vociferously about the lack of time given to this matter, but it was the Labour Government who negotiated the infamous Lisbon treaty, and did not call for any debate on the Floor of the House. If it had been left up to Labour, there would have been no time at all for a debate on the Floor of the House, and the matter would have been dealt with by an obscure Committee upstairs over a 90-minute period. Yet Labour Members now cynically suggest that there is not enough time, despite having had six opportunities here in the Chamber.

Labour Members have also complained that there has not been enough time for this debate. Last Monday, they used an arcane procedure—it can be found on page 404 of “Erskine May”—to curtail debate. They attempt to convince people that there has been insufficient debate when they have cut hours of it short using an archaic procedure.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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Will my hon. Friend give way?

Michael Ellis Portrait Michael Ellis
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In a moment, if I may.

This is not a debate about Europe; it is a debate about law and order. I spoke out in the Home Affairs Committee and in the Chamber against the European arrest warrant’s earlier manifestations, but there have been changes, which make a significant difference. For 15 years, before I came to this House, as a barrister in criminal practice, I fought for justice for individuals. It is my hope and intention to continue to do so from this place, but the reality is that the changes that have been made are significant.

Under Labour, British citizens were extradited for disproportionately minor offences. We have changed the law to allow an arrest warrant to be refused in respect of minor offences. Under Labour, people could be extradited for conduct in the UK that was not against the law of this country. We have changed that, too, so that that can no longer happen.

Under Labour, people were detained for long periods overseas before they were charged or stood trial. That was wrong. We have changed the law again to stop that unfairness. Under Labour, people were worried about arrest warrants being issued purely for investigatory purposes, rather than for prosecutions, so we have changed that. Under Labour, people were concerned about the prospect of being charged with offences over and above those specified in their arrest warrant if they chose to consent to extradition, and we have changed that, too. So it is a different creature. It is a different matter altogether.

Many issues have been raised by hon. Members, including eloquently by my hon. Friend the Member for Esher and Walton (Mr Raab), but they must bear it in mind that over 95% of those extradited are foreign nationals. There are miscarriages of justice, about which it is painful to hear and which I have spent my life fighting against, but there are miscarriages everywhere. It is not the European arrest warrant that is being objected to in those remarks; often, it is extradition itself that people are unhappy with. I remind hon. Members that the Home Secretary has made changes to the extradition process as well—I cite the forum bar in that respect. Therefore, we are talking about different creatures.

Did my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) wish to intervene?

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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indicated dissent.

Peter Bone Portrait Mr Bone
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Will my hon. Friend give way?

Michael Ellis Portrait Michael Ellis
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I will.

Peter Bone Portrait Mr Bone
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Does my hon. Friend share the concern that this is a slippery slope to a pan-European judicial system?

Michael Ellis Portrait Michael Ellis
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I consider myself a Eurosceptic and I do not wish to see such a slippery slope. I wish to see criminals brought to justice. Like my hon. Friend, I do not wish to see people being allowed to use this jurisdiction as though it were a safe haven for criminals and people at large.

As a consequence of those issues, I have been satisfied that the European arrest warrant in its current manifestation provides safeguards. They are never going to be perfect. Sadly, we do not have a perfect system. No such system exists where it is operated by human beings because we are not perfect. There will occasionally be miscarriages of justice, but to wipe out the whole process of expedition that now exists, because of the arrangements that have been made, seems illogical, unnecessary and not to be in the wider interests of justice. Therefore, I support the Government and their measures on this matter.