Joint
Report from the European Scrutiny, Home Affairs and Justice Committees
Background
1. Whether EU measures covered by the so-called '2014
block opt-out decision' continue to apply to the United Kingdom
and become subject to the jurisdiction of the Court of Justice
from 1 December 2014 is a profoundly significant issue. Someincluding
the European Arrest Warrantraise questions affecting public
safety and security, as well as the protection of individual rights.
2. Following publication of the Government's Responses[1]
to the Reports produced by the European Scrutiny, Home Affairs
and Justice Committees,[2]
the Chairs of the Committees sent a joint letter to the Home and
Justice Secretaries raising two issues of common concern: the
role of Parliament in scrutinising the Government's approach to
the 2014 block opt-out decision, and the need for an early debate
and vote on the measures the Government proposes to rejoin.
3. We publish the letter we sent to the Home and
Justice Secretaries alongside this Report. It sought confirmation,
in particular, that the Government would make time available for
a debate and vote on the floor of the House (on a substantive,
amendable Motion) as soon as possible. We requested a response
by the end of January.
The response from the Home and
Justice Secretaries
4. The Home and Justice Secretaries responded on
31 January. Their joint letter, which is also published with this
Report, rejects the call for an early debate, stating:
"We believe that, in order for the [second]
vote to be as informed as possible, the correct approach to this
process is to hold the second vote once we have reached 'in principle'
agreement with the EU institutions and the other Member States."
The Committees' view of the response
5. We are taking the unusual step of agreeing
a Joint Report because we are deeply disappointed by the Government's
position. Put simply, the House should have an opportunity to
have a debate - and vote - on which measures the UK should seek
to rejoinbefore negotiations begin. Presentation
of a 'done-deal', once the negotiation process has been completed,
is a poor substitute.
6. The Government's intransigence leaves us with
no option but to take this matter to the floor of the House through
other means. But the fact that there could be multiple motions
and amendments means that Backbench Business Committee time could
not realistically be used for the debate we seek. We will therefore
be seeking a debate on this Joint Report in Backbench Business
Committee time, to enable all Members of this House to debate
the Government's resistance to full parliamentary involvement
in this complex and highly significant decision.
1 European Scrutiny Committee, Second Special Report,
HC 978; Home Affairs Committee, Fourth Special Report, HC 954;
Justice Committee, Third Special Report, HC 972 Back
2 European
Scrutiny Committee, Twenty-first Report, The UK's block opt-out
of pre-Lisbon criminal law and policing measures, HC 683; Home
Affairs Committee, Ninth Report, Pre-Lisbon Treaty EU police and
criminal justice measures: the UK's opt-in decision, HC 615; Justice
Committee, Eighth Report, Ministry of Justice measures in the
JHA block opt-out, HC 605 Back
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