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EU: Justice and Home Affairs

My Lords, you will be aware that the previous Administration made a commitment to this House to table an annual report on the application of the protocols to the treaties relating to EU justice and home affairs matters. This Government have maintained that pledge and duly presented the first such report to Parliament in January 2011, covering the period from 1 December 2009, when the Lisbon treaty came into force, to 30 November 2010. The Committee will be aware that the report covers some opt-in decisions undertaken by the previous Administration as well as those taken by the coalition. I propose to focus on the latter. Under the current Government, 13 decisions were taken during the period of the report. Two of these were Schengen-building measures subject to the Schengen protocol. This means that we had the right to opt out rather than opt in. Of the 11 remaining measures subject to the opt-in protocol, this Government opted in to six and chose not to opt in to five. The Government have since that period requested a post-adoption opt-in to the directive on trafficking in human beings. Since coming to office, this Government have considered all opt-in decisions concerning justice and home affairs measures on a case-by-case basis. When making an opt-in decision, we consider factors such as the impact of the measure on our internal security, civil liberties, preserving the integrity of our criminal justice and common law systems and the security of our borders. At the heart of it all is a commitment to keep the national interest at the forefront of our thinking. We will opt in only where we believe it is in the UK’s interests to do so. For this reason we have decided not to participate in legal migration measures on seasonal workers and intra-corporate transferees, which would have impacted on our right to decide who enters the country from outside the EU. As I mentioned, this report forms part of the package of measures to scrutinise the JHA opt-in brought in by the previous Administration. This Government are committed to those measures and to finding ways to enhance them. On 20 January, the Minister for Europe made a Written Statement to Parliament setting out how we intend to do this. The noble Lord, Lord Howell, made the same Statement to your Lordships’ House on 21 January. Under these new arrangements the Government have committed to set aside government time for a debate on opt-in decisions where there is a strong parliamentary interest. There will be a vote in both Houses on a government Motion on such issues. The Government must also now report each opt-in decision that we make by a Written, or where appropriate Oral, Ministerial Statement. As with any new process, the key is in finding practical ways to make these arrangements work. The Government have been consulting business managers and EU committees to discuss the detail of these new arrangements. We hope that they will be embedded in a code of practice in the coming months. As I said, these arrangements build on and strengthen the rigorous procedures already in place known as the Ashton commitments. This and future annual reports are an important part of how we engage with Parliament. The Government are aware that there are debates to be had not just about individual opt-in measures but about the applicability of the opt-in more generally. Accordingly, the report considers some of these issues. I do not plan to dwell on the opt-in decisions taken after this report was tabled as we will present an end-of-year report for December 2010 to November 2011 early next year, but I wish to note briefly that since 1 December 2010 the Government have opted in to a further five measures and chosen not to opt in to two measures. I commend the report to the Committee and look forward to engaging in a debate on its content.