HL Deb 10 November 2004 vol 666 cc884-5

2.45 p.m.

Lord Tomlinson asked Her Majesty's Government:

Whether, in the light of the proposal in the draft Hague programme to begin work on the establishment of a European public prosecutor's office, they now consider that such an office should be established; and what arrangements they have made for parliamentary scrutiny of this and other proposals contained in the draft programme.

The Minister of State, Home Office (Baroness Scotland of Asthal)

My Lords, the Hague programme makes no reference to a European public prosecutor's office. The Government's position on a European public prosecutor remains unchanged. They see no reason to create the post and remain opposed to its establishment. The programme was agreed by the Prime Minister on Friday last and, therefore, will not be submitted for scrutiny. However, we shall write to both Houses outlining the Government's views on it. Any proposals stemming from the programme will be scrutinised as and when they are proposed.

Lord Tomlinson

My Lords, I thank my noble friend for that Answer. Does she agree that this is a rather daft proposal that refuses to lie down and die? At the time of the draft Hague programme the proposal for a European public prosecutor's office was in the programme, but the fact that it has disappeared from that draft and does not now apply is very welcome. Can my noble friend give me an assurance that the position of Her Majesty's Government remains exactly as stated by Caroline Flint, the Home Office Minister, in her letter to the chairman of the European Select Committee in which she said: The Hague Work Programme should not pre-empt the Constitutional Treaty by proposing contentious measures that can only be brought forward under that Treaty"?

Baroness Scotland of Asthal

My Lords, I agree with my noble friend. The fact that many other countries joined with us to remove the proposal from the programme caused us considerable satisfaction.

Lord Renton

My Lords, hearing in mind that the lawyers and other officers of a European public prosecutor's office would not be British—they will come from various foreign countries—they would have some jurisdiction within the United Kingdom, would they not? Will the noble Baroness bear in mind that that may not be popular among the British people?

Baroness Scotland of Asthal

My Lords, not only do I bear that in mind, but it is for that reason that it will not happen.

Lord Goodhart

My Lords, while we agree that there is no need for a European public prosecutor's office, does the Minister agree that it is extremely important for member states to co-operate as closely as possible on cross-border crime, particularly drug trafficking, people trafficking and international fraud?

Baroness Scotland of Asthal

My Lords, I agree with the noble Lord. We have been able to do that very successfully. Through that co-operation we have had a number of successes, not least our joint action on European-wide paedophilia. We have managed to catch a number of people who would not otherwise have been brought to justice.

Viscount Ullswater

My Lords, does the Minister consider that the work of OLAF is sufficiently robust to enable member countries to prosecute fraud against the Community? Does she believe that the role of a public prosecutor might have assisted in that regard?

Baroness Scotland of Asthal

My Lords, there has been, as the noble Viscount rightly says, much discussion as to whether OLAF is as efficient and/or as effective as it should be. Noble Lords will know that much work is now being done with Eurojust. I hear the argument that the European prosecutor may have been able to fulfil that role, but I merely say that any such post would be reliant upon the nation states' prosecutors doing their job. That is why we do not believe that it adds any value. The work that we are undertaking on Eurojust, and through Eurodat, in which we participate fully and which we applaud, adds value.

Lord Stoddart of Swindon

My Lords, may I take this opportunity to thank the Government for resisting the application for a European prosecutor so successfully?

Baroness Scotland of Asthal

My Lords, I celebrate that congratulation. It will rest long in my memory and in my heart.