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Sub-Committee writes to Minister about UK opt-in during transition

14 September 2018

The House of Lords EU Home Affairs Sub-Committee has written to Rt Hon Nick Hurd MP, Minister for Policing and the Fire Service, with questions about how the UK's Justice and Home Affairs (JHA) opt-in will work in practice during the proposed Brexit transition period.


The letter follows the Sub-Committee's two evidence sessions, the first with academics and practitioners on 18 July 2018, and the second with Claude Moraes MEP on 5 September 2018.


The Committee's letter included the following questions:

  • What avenues will be open to the UK to scrutinise or influence JHA measures during transition, once it loses its seats in the European Parliament and Council?
  • What, in your view, is the likelihood that other Member States will take advantage of the provisions in the Withdrawal Agreement to “urge” the UK to opt into JHA measures? How would this work in practice: would there need to be a vote in Council? What would be the European Parliament's role?
  • What discussions has the Government had about the likelihood that the UK will be obliged to take part in JHA measures during the transition period that it had previously opted out of? Has the Government made an assessment of the potential role of the Council and European Parliament in such a decision?

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