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Judiciary and Fundamental Rights

I have been asked by the Chair of the European Scrutiny Committee to speak on behalf of the Committee. One reason for that is that the position of Opposition Members on this issue is the same as that of Government Members, particularly in the Committee. Some of us do take the trouble to read other Select Committee reports. The Foreign Affairs Committee looked at human rights in the context of enlargement and it made some salient comments that I hope the hon. Member for South Northamptonshire (Andrea Leadsom) has taken the trouble to read. That work feeds in to the work of the European Scrutiny Committee. We do not just live in a Euro-bubble, but look at broader matters. It might be helpful to the House if I put this matter in context by explaining its background and why the European Scrutiny Committee recommended that it should be debated on the Floor of the House, rather than leaving it to go to a European Standing Committee. We have always been concerned about the continuing trend, which the Government, despite their promises, have not reversed, of the European Committees not having permanent memberships. If their memberships were permanent, there would be at least be 13 Members on three Committees—that is 39 people—who would consistently take the trouble to look at European matters and build up a body of knowledge. At the moment, the Committee structure is such that people are put on European Committees randomly. They mostly do not turn up to the debates and do not gather the knowledge that they should have. The concern is that when Romania and Bulgaria joined the EU in January 2007, it was recognised by Members from all parts of the House that a number of good governance issues had not been addressed. The oddest thing was that the European Commission and the European Council decided that if those countries did not get access in 2007, they would automatically get access in 2008 and become full members of the EU. Basically, the incentive to continue progress, particularly in areas of good governance, ceased for Romania and Bulgaria. The European Union therefore had to set up a co-operation and verification mechanism. The Minister has described that as making the Romanians and Bulgarians feel as though they were second-class citizens. The reality is that they should never have been citizens of the EU at all because they were not fit to be members. That is the truth of it. They had to be harried and harassed to take the process seriously, and in fact at one point the EU suspended the financing of one of those countries and refused to allow it to spend any more EU money. It got that bad. Nothing had really been done to improve the situation from 2007. A series of benchmarks were set under the verification mechanism to do with the judicial system—we are talking about the judiciary today. In the case of Bulgaria, there was the benchmark of tackling corruption and massive organised crime at the highest level of the country. There were a number of contract murders—not a couple, but 104 was the figure we heard when the Bulgarian Foreign Secretary came before the Committee. Those were organised killings by organised criminals. Even now, neither country has reached the point at which the European Commission is able to say that it has what was, and still is, required. I will name those requirements for the record. The Commission does not think that they have an"““autonomously functioning, stable judiciary, which is able to detect and sanction conflicts of interest, corruption and organized crime and preserve rule of law””." That is its present position on Romania and Bulgaria, to different degrees in each country. Nor do those countries have"““concrete cases of indictments, trials and convictions regarding high-level corruption and organised crime””." We heard the feeble excuse from the then Foreign Secretary of Bulgaria that Bulgaria had not actually convicted anyone of any of the 104 killings because the criminals had hired hit-men from Russia, who committed the crime, killed people and then went back to Russia, where they could not be found. That is a terrible indictment of Bulgaria. It is in the European Union, but it has a long way to go before it reaches the benchmarks that the European Scrutiny Committee would have set for it. The Commission also believes that those countries do not have a legal system that is capable of implementing the law independently and efficiently. With those mistakes having been made, and with the Committee having followed the process very seriously, we did not want a post-mortem, but we wanted to have assurances that those mistakes would not be repeated in the case of Croatia. That was why the new chapter 23 was introduced into the EU accession process, dealing with the judiciary and fundamental freedoms. In the summer of 2010, Croatia's chapter 23 negotiations were finally opened. As the Minister put it then, agreement was based on"““rigorous benchmarks in the areas we want””." Before the chapter could be closed, that"““comprehensive and robust set of benchmarks””" would need to be met, covering judicial transparency, impartiality and efficiency; tackling corruption; protecting minority rights; resolving outstanding refugee return issues; the protection of human rights; and, crucially, full co-operation with the International Criminal Tribunal for the Former Yugoslavia. Croatia would need to show a track record of implementation across all those areas, to avoid the mistakes of Romania and Bulgaria. The common position that we are discussing tonight is the European Commission's assessment of Croatia's progress. It recommended that no further negotiations were required, and underlined the importance of Croatia continuing to develop a track record of implementation across the board. It was formally adopted—without discussion, I might add—at the July European Council. I find it quite concerning that there was not in fact a fundamental and deep debate at the European Council about that assessment, because it shows that people may once again be taking their eye off the ball. My right hon. Friend the Member for Leicester East (Keith Vaz), the former Europe Minister, pointed out that once countries are in the EU, it seems that the process of vigilance slips away. It is worrying that that might be happening in this case, if the Council cannot even discuss such an important decision at its meeting. In endorsing the common position, the Secretary of State for Justice and the Minister for Europe made much of the irreversibility of the process, and of the monitoring that would be undertaken during the two years before Croatia could accede. I do not think the EU's record is quite so good that we can believe that the process is irreversible. I share the ambition for all the western Balkans to become part of the EU, and all the things that the Minister has said about the benefits of that for trade, democracy and human rights are to be applauded and worked hard for. However, Croatia has a border of about 1,000 km with other parts of the western Balkans. When I met the Serbians recently, and when I have met people from Bosnia-Herzegovina and from Macedonia, where I went with the Committee, they expressed deep fears about what lies on their border and what is going on in the rest of the area. When I met the Serbians, they pointed fingers at other countries, as did the Bosnians. The reality is that this is a serious concern for anyone who is particularly worried about the ability of people to use Croatia as an access to Europe. It is one of the trade routes for human trafficking, for drugs and for other matters that afflict the rest of the EU.