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Proceeding contribution from Baroness Smith of Malvern (Labour) in the House of Commons on Tuesday, 29 January 2008. It occurred during Debate on treaty on Lisbon Treaty (No.1).


Lisbon Treaty (No.1)

My hon. Friend makes an important point about the route through which women are often trafficked, and she is absolutely right. In negotiating the justice and home affairs chapter, the Government made clear their absolute determination to protect our common law system and police and judicial processes. We were clear that EU co-operation in this area should not affect fundamental aspects of our criminal justice system. We have achieved that outcome. The extended opt-in arrangements that we have secured mean that we have a complete choice as to whether to participate in any JHA measure. We have also ensured that the jurisdiction of the ECJ cannot be imposed on the UK in this area—it will apply only to the extent that we have chosen to participate in a JHA measure. As each proposal for new EU legislation on JHA comes forward, we will have the right to decide whether we participate in it. In many cases, given the importance of the issues in question, some of which we have touched on today, it will clearly be in the UK's interests to do so, but in others we have secured the right not to participate and not to have the resulting legislation apply to the UK. I have already explained the position with respect to the existing body of EU law on police and criminal judicial co-operation and the jurisdiction of the ECJ. The deal is significantly better than that under the defunct constitutional treaty and represents a huge negotiating success.


Secondary information

Type
Proceeding contribution
Reference
471 c183 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
Crime Asylum Arrests Borders Cross border cooperation Extradition Immigration Jurisdiction EU law European Union EU action EU justice and home affairs Sovereignty Treaties Treaty of Lisbon European arrest warrants
Link
View this Proceeding contribution on www.publications.parliament.uk