I beg to move,

That this House takes note of European Union Documents No. 17621/13 and Addenda 1 to 3, a draft Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings, No. 17633/13 and Addenda 1...

I beg to move,

That this House takes note of European Union Documents No. 17621/13 and Addenda 1 to 3, a draft Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings, No. 17633/13 and Addenda 1...

I congratulate my right hon. Friend on his absolutely right decision, but can he confirm that it is the intention of Her Majesty’s Government not to opt in at any stage?

I congratulate my right hon. Friend on his absolutely right decision, but can he confirm that it is the intention of Her Majesty’s Government not to opt in at any stage?

I was going to make reference to that. I can confirm that we have agreed that we will not participate in the first and third item at any stage. We have agreed across the coalition that we will take a look at the second item in the discussions that take...

I was going to make reference to that. I can confirm that we have agreed that we will not participate in the first and third item at any stage. We have agreed across the coalition that we will take a look at the second item in the discussions that take...

The process that my right hon. Friend has described raises another problem, and I wonder whether he shares my view on it or approaches it from a different perspective. The proposals open up the possibility of conflicting decisions between the European Union system and the European convention on human rights...

The process that my right hon. Friend has described raises another problem, and I wonder whether he shares my view on it or approaches it from a different perspective. The proposals open up the possibility of conflicting decisions between the European Union system and the European convention on human rights...

That is a very valid point, and my right hon. Friend is right to raise it. As he knows, we have different perspectives on the European Court of Human Rights, but he has highlighted one of the incongruities that will exist if we simply hand over jurisdiction in such crucial...

That is a very valid point, and my right hon. Friend is right to raise it. As he knows, we have different perspectives on the European Court of Human Rights, but he has highlighted one of the incongruities that will exist if we simply hand over jurisdiction in such crucial...

I am grateful for my right hon. Friend’s concluding remarks to the Chair of the Select Committee on Justice, the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith). The difference between the ECHR and the European Court is that according to section 3 of the European Communities Act 1972, when...

I am grateful for my right hon. Friend’s concluding remarks to the Chair of the Select Committee on Justice, the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith). The difference between the ECHR and the European Court is that according to section 3 of the European Communities Act 1972, when...

My hon. Friend highlights an area about which I am concerned, and on which there are perhaps disagreements within the coalition. Although there are democratic checks on the court system in this country—if Parliament does not agree with a Supreme Court ruling, it has the option of changing the law...

My hon. Friend highlights an area about which I am concerned, and on which there are perhaps disagreements within the coalition. Although there are democratic checks on the court system in this country—if Parliament does not agree with a Supreme Court ruling, it has the option of changing the law...

Does the Secretary of State agree that there is a case for minimum standards for the treatment of child defendants, and for people to have the right to appear in court and to be considered innocent until proven guilty? What is wrong with that? Why should other people not share...

Does the Secretary of State agree that there is a case for minimum standards for the treatment of child defendants, and for people to have the right to appear in court and to be considered innocent until proven guilty? What is wrong with that? Why should other people not share...

In some respects, the hon. Gentleman is right, and that is what we do in this country. The question is whether he believes we should hand over future decision making about our judicial process and court process to an international court over which we have no control. He and his...

In some respects, the hon. Gentleman is right, and that is what we do in this country. The question is whether he believes we should hand over future decision making about our judicial process and court process to an international court over which we have no control. He and his...

I applaud my right hon. Friend’s wise and sensible decision, and I am particularly pleased to hear him say that the national interest is paramount in the consideration of such matters. I note his decision, and I say, “Very well done.” Can he do more to ensure that some of...

I applaud my right hon. Friend’s wise and sensible decision, and I am particularly pleased to hear him say that the national interest is paramount in the consideration of such matters. I note his decision, and I say, “Very well done.” Can he do more to ensure that some of...

I will do my best.

Let me touch briefly on the three measures. The first relates to the presumption of innocence. The proposal does not flow directly from the road map; it stems from the invitation in the Stockholm work programme for the Commission to consider whether issues not explicitly included...

I will do my best.

Let me touch briefly on the three measures. The first relates to the presumption of innocence. The proposal does not flow directly from the road map; it stems from the invitation in the Stockholm work programme for the Commission to consider whether issues not explicitly included...

My right hon. Friend will recall that, on the question of the public prosecutor, the threshold was crossed but, even then, the European Commission decided that it would go ahead. Does he not regard that as an extraordinary situation? Does he agree that the yellow card system has been severely...

My right hon. Friend will recall that, on the question of the public prosecutor, the threshold was crossed but, even then, the European Commission decided that it would go ahead. Does he not regard that as an extraordinary situation? Does he agree that the yellow card system has been severely...

I attended the Justice and Home Affairs Council at which this issue was discussed, and I have to say that there was extensive disquiet among member states. If the Commission wishes to be credible, it cannot simply ignore the system that was put in place by the Lisbon treaty in...

I attended the Justice and Home Affairs Council at which this issue was discussed, and I have to say that there was extensive disquiet among member states. If the Commission wishes to be credible, it cannot simply ignore the system that was put in place by the Lisbon treaty in...

rose—

rose—

I give way to the Chairman of the Home Affairs Committee.

I give way to the Chairman of the Home Affairs Committee.

I agree with what the Lord Chancellor has said this evening. Does he know whether we have been able to persuade any of our EU partners to adopt the very sensible practices and procedures that we have adopted in respect of children?

I agree with what the Lord Chancellor has said this evening. Does he know whether we have been able to persuade any of our EU partners to adopt the very sensible practices and procedures that we have adopted in respect of children?

At the moment, this is in the early stages. One reason that we agreed to participate in the negotiations—albeit expressing up front our intention not to opt in—was to allow precisely that kind of discussion to take place. I have nothing to be ashamed of in relation to the way...

At the moment, this is in the early stages. One reason that we agreed to participate in the negotiations—albeit expressing up front our intention not to opt in—was to allow precisely that kind of discussion to take place. I have nothing to be ashamed of in relation to the way...

I am grateful to my right hon. Friend for giving way and I am sorry that I missed the very beginning of his speech. I warmly welcome the course that he has taken today. Is not the point that these matters are part of our arrangements in this country—in England...

I am grateful to my right hon. Friend for giving way and I am sorry that I missed the very beginning of his speech. I warmly welcome the course that he has taken today. Is not the point that these matters are part of our arrangements in this country—in England...

That is the point. We have 800 years of legal tradition in this country. It has evolved in a number of different ways and is subject to change and review in both the courts and our Parliament. I do not really feel that we need to bring a third body...

That is the point. We have 800 years of legal tradition in this country. It has evolved in a number of different ways and is subject to change and review in both the courts and our Parliament. I do not really feel that we need to bring a third body...