Transposing European Union Criminal Justice and Data Protection Measures into UK Law — If to make Decision — 10 Nov 2014 at 20:01

The majority of MPs voted to move straight to a decision on if the UK should actually opt-out of eleven European Union criminal justice and data protection measures. The majority of MPs were voting to reject the alternative option before them which was to stop considering the matter completely, without taking a decision on it.

The motion rejected by the majority of MPs taking part in this vote was:

• That the Question be not now put.

Once that motion was moved the choice before MPs was to either cease debating, and not decide on, if the UK should actually opt-out of eleven European Union criminal justice and data protection measures or to move straight to a decision.

Just by moving the motion one MP had ruled out the possibility of the debate continuing as the previously approved timetable motion would have permitted.

The rejection of the proposal the question be not now put was interpreted by the Speaker, according to precedent and inline with statements the Speaker had made on the consequences of such a vote^[1][2], as MPs expressing a wish that the question be put straight away.

The motion under consideration when the motion which was the subject of this vote was moved was

• That the draft Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, which were laid before this House on 3 November, be approved.

The regulations would transpose eleven European Union criminal justice and data protection measures into UK law. These measures were among those the UK had earlier in the year decided to opt out of by 1 December 2014.

The eleven measures the regulations transpose relate to the following schemes^[3]:

• Confiscation and Freezing Orders
• "ECRIS" which requires Member States to inform each other about convictions of EU nationals in another Member State
• European Supervision Order - which enables a suspect or defendant subject to a pre-trial non-custodial supervision measure (such as supervised bail) in a Member State in which they are not resident, to be supervised in their home, or other, Member State un til such time as their trial takes place.
• Joint Investigation Teams (“JITs”) - to prevent and combat crime (especially drug trafficking, people trafficking and terrorism) by providing for closer cooperation between police forces, customs authorities and other competent authorities in Member States.
• Mutual Recognition of Financial Penalties scheme which requires Member States to collect financial penalties (of over £55.31 or €70) transferred by other Member States, as they would a domestic financial penalty.
• Prisoner Transfer Framework which provides for the compulsory transfer of foreign national offenders between Member States without the consent of the prisoner
• Swedish Initiative which seeks to simplify the exchange of information and intelligence between law enforcement authorities in Member States for the purposes of conducting criminal investigations or criminal intelligence operations.
• Trials in absentia several measures relate to this scheme which deals with the issue of judgements in absentia and require mutual recognition of such judgements.
• Data Protection Framework Decision which establishes a common level of protection and an appropriate level of security when Member States exchange personal data within the framework of police and judicial cooperation in criminal matters.

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• [1] John Bercow (Speaker), House of Commons, 10 November 2014
• [2] John Bercow (Speaker), House of Commons, 10 November 2014
• [3] Draft explanatory memorandum to the The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

Debate in Parliament | Source |