Committees

Why is Government stalling on improving European Counter-terrorism measures?

15 December 2017

Despite a positive assessment of proposed improvements to European counter terrorism measures, the UK Government seem unwilling to confirm that they intend to seek participation in vital police cooperation procedures post-Brexit. So says the European Scrutiny Committee in their published report.

At the end of 2016, the European Commission presented a package of three proposed Regulations to improve the functioning of the Schengen Information System - SIS II - and strengthen border control and counter-terrorism efforts across the EU. The proposals are intended to close information gaps and enhance the exchange of information on terrorism, cross-border crime and irregular migration so that "in the future, no critical information should ever be lost on potential terrorist suspects of irregular migrants crossing our external borders".

Chair's comment

Chair of the European Scrutiny Committee, Sir Bill Cash, says:

"We can see no justification for this reticence. We expect the Government to be far more forthcoming about their intentions in relation to SIS II during the upcoming Floor of the House debate."

Third country access to SIS II data

The Committee is similarly perplexed by the Government's apparent lack of engagement on the provision of the proposed police cooperation Regulation prohibiting third country access to SIS II data. There seems to be confusion over whether changes to this provision would be necessary to accommodate any agreement on UK access to SIS II data post-Brexit.

The Government is asked whether the overarching agreement they intend to seek on security, law enforcement and criminal justice cooperation with the EU post-Brexit would establish bespoke structures and procedures associating the UK with parts of the EU's justice and home affairs rule book without requiring changes to third country provisions in EU secondary legislation.

Furthermore, the report asks whether, in the absence of  such an agreement with the EU, it would be possible for the UK to obtain the same information contained in SIS II alerts on a bilateral basis with individual Member States.

Proposed police cooperation Regulation

The proposed police cooperation Regulation includes an introductory recital stating that it "respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union". The Committee has been told by the Government that "matters such as complying with the EU Charter on Fundamental Rights" will need to be addressed during the UK's exit negotiations. Since clause 5(4) of the WU (Withdrawal) Bill envisages that the Charter will not form part of domestic lay "on or after exit day", the Committee asks the Government to explain how they intend to address they Charter as part of the UK's exit negotiations. Will it be necessary to identify equivalent Charter-type protections in UK law in order to secure continued UK participation in SIS II and other similar EU justice and home affairs measure post-Brexit?

Further information

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