Written question asked by Naomi Long (Alliance) on Wednesday, 14 December 2011, in the House of Commons. It was due for an answer on Monday, 19 December 2011. It was answered by Lord Clarke of Nottingham (Conservative) on Tuesday, 10 January 2012 on behalf of the Ministry of Justice.

Rights of Accused: EU Action

Question: To ask the Secretary of State for Justice what recent progress has been made in the negotiations on the Draft Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings; and if he will make a statement.

Answer: The UK did not opt in to this proposed directive although we support the principle behind it because the Government considered that some of the provisions in the Commission's proposals would have an adverse impact on our ability to investigate and prosecute offences effectively. Good progress has been made in negotiations, but the Government still have some concerns about the content of the draft directive. The relevant Committee of the European Parliament is yet to publish a draft report in response to the Commission's proposal. On 13 December, the right hon. the Lord McNally wrote to the European Scrutiny Committees to update them about the progress of the negotiations.The Government will continue to engage in the negotiations. In the event our concerns about the initial draft of the directive are satisfactorily dealt with, we will consider whether we should apply to opt in to it once it has been adopted, as our protocol to the Treaty on the Functioning of the European Union allows. A well-drafted directive could be of considerable benefit to British subjects arrested in other member states. We will consult Parliament about any decision to apply to opt in.

Secondary information