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This morning, @CommonsNIAC is taking oral evidence as part of its 'Cross-border co-operation on policing, security and criminal justice after Brexit' inquiry from @Gemmadavies456, @StevePeers, Prof. Valsamis Mitsilegas and PI's own Colin Murray
A live summary
:
A live summary
:
. @ClaireHanna asks first qtn - is the TCA a good deal on law enforcement and criminal matters?
. @Gemmadavies456:
It was never going to be able to replicate the level of cooperation the UK enjoyed as part of the EU. But this doesn't mean it's a bad deal. No deal would have been worse in this regard. Are areas where cooperation can be enhanced in the future
It was never going to be able to replicate the level of cooperation the UK enjoyed as part of the EU. But this doesn't mean it's a bad deal. No deal would have been worse in this regard. Are areas where cooperation can be enhanced in the future
Colin Murray:
Deal was never going to be able to replicate what was previously there. We have a deal which is in line with precedent with other third country arrangements. It is a 'keeps the lights on' deal in terms of justice and security. Compromises and trade offs are built in
Deal was never going to be able to replicate what was previously there. We have a deal which is in line with precedent with other third country arrangements. It is a 'keeps the lights on' deal in terms of justice and security. Compromises and trade offs are built in
Prof. Mitsilegas:
Deal was always going to be an exercise in damage limitation in this area. Aspects of it where both sides have demonstrated ambition in terms of closeness of cooperation. Mutual assistance is an area where more could have been done
Deal was always going to be an exercise in damage limitation in this area. Aspects of it where both sides have demonstrated ambition in terms of closeness of cooperation. Mutual assistance is an area where more could have been done
. @StevePeers:
Both UK and EU have both preserved and lost and lot that would not have been possible if a deal had not been secured
Both UK and EU have both preserved and lost and lot that would not have been possible if a deal had not been secured
. @ClaireHanna asks qtn re uniform application of provisions. @Gemmadavies456 confirms they apply uniformly, but there are consequences that will have to be specifically considered for NI. Colin notes mutual assistance as an example where there are specific routes available in NI
Gregory Campbell @duponline:
If our deal is similar to Norway, what has the Norwegian experience been?
If our deal is similar to Norway, what has the Norwegian experience been?
Colin: Initially struggled, but working more smoothly now. 2 issues that might arise for UK: getting used to the new way of doing things, and complexity of TCA. Can hope there is a scenario the relationship will be enriched, but there are potential areas where this could collapse
Bob Stewart asks question about extradition - has this been slowed down or is it much the same?
@StevePeers:
Possible in some cases. Suspects in some cases there might be some general human rights areas which can be explored. Defence lawyers are going to try and explore these complex avenues in the time ahead.
Possible in some cases. Suspects in some cases there might be some general human rights areas which can be explored. Defence lawyers are going to try and explore these complex avenues in the time ahead.
. @Gemmadavies456
re speed of extradition, TCA sets out same time limits as EAW did in terms of arrest. Dual criminality likely to be most relevant area for UK/Ire. Not clear that arrest will occur as quickly; UK+Ire will have to be very clear about how they share arrest warrants
re speed of extradition, TCA sets out same time limits as EAW did in terms of arrest. Dual criminality likely to be most relevant area for UK/Ire. Not clear that arrest will occur as quickly; UK+Ire will have to be very clear about how they share arrest warrants
Prof. Mitsilegas:
Number of key practical concerns which all will potentially impact on this. Prioritisation of UK arrest warrants will be a potential challenge
Number of key practical concerns which all will potentially impact on this. Prioritisation of UK arrest warrants will be a potential challenge
Colin Murray:
Already a relationship there between Ireland and PSNI. The ecosystem exists where it shouldn't be a problem with the new suspect surrender arrangements. Development of jurisprudence over time has been key in this.
Already a relationship there between Ireland and PSNI. The ecosystem exists where it shouldn't be a problem with the new suspect surrender arrangements. Development of jurisprudence over time has been key in this.
Gregory Campbell asks qtn on EAW and extradition
Prof. Mitsilegas: Emphasises importance of proportionate responses.
Colin Murray: EAW a robust law enforcement tool. Will there be a big practical change? Not likely in reality
Prof. Mitsilegas: Emphasises importance of proportionate responses.
Colin Murray: EAW a robust law enforcement tool. Will there be a big practical change? Not likely in reality
Fay Jones qtn - what scope is there for UK/Ire to build on current arrangements for extradition?
Prof. Peers: EU states free to reach agreements within their competence as MS, but the TCA is an EU deal. Not clear what the implications of this might be for UK/Ire further talks
Prof. Peers: EU states free to reach agreements within their competence as MS, but the TCA is an EU deal. Not clear what the implications of this might be for UK/Ire further talks
Colin: Risk of duplication of EAW if UK/Ire were to build other forms of cooperation. Any new arrangements would have to respect Ireland's EU law obligations. Scope for strengthening current arrangements, but won't change short-term
. @Simon4NDorset - Stemming from citizenship complexities, is there anything UK should be worried about in terms of Ire extradition of citizens?
Prof. Mitsilegas: Political dynamics in this make it complex
Colin: Not an analogous comparison
Prof. Mitsilegas: Political dynamics in this make it complex
Colin: Not an analogous comparison
Responding to @StephenFarryMP qtn:
Dr. Davies: There are outlines for sharing of PNRs and data. UK technically lose access to ECRS, but UK can continue to use the same software. Time changes also (20 days from 10). Is an area where UK/Ire could further cooperate
Dr. Davies: There are outlines for sharing of PNRs and data. UK technically lose access to ECRS, but UK can continue to use the same software. Time changes also (20 days from 10). Is an area where UK/Ire could further cooperate
. @StephenFarryMP - Are we in sphere of having to make requests rather than automatic sharing?
Dr. Davies - UK has lost access to the databases providing real-time information like this. Size of the gap has been known for some time.
Dr. Davies - UK has lost access to the databases providing real-time information like this. Size of the gap has been known for some time.
How dependent are the arrangements on data adequacy?
Dr. Davies: Data adequacy complex. UK can do very little at this stage. Data protection important to criminal cooperation. Without a data adequacy decision, it might be possible for parts of the TCA to become more cumbersome
Dr. Davies: Data adequacy complex. UK can do very little at this stage. Data protection important to criminal cooperation. Without a data adequacy decision, it might be possible for parts of the TCA to become more cumbersome
Situation not as bad as we once thought it would be, but an agreement would be needed to 'grease the wheels' of Part 3.
Colin Murray:
With different databases and modes of data sharing, the picture is complex. On data adequacy, the transitional window is extended by the TCA for 4-6 months. Are some potential roadblocks e.g. CJEU ruling on investigatory powers.
With different databases and modes of data sharing, the picture is complex. On data adequacy, the transitional window is extended by the TCA for 4-6 months. Are some potential roadblocks e.g. CJEU ruling on investigatory powers.
But UK is committed to retaining GDPR as retained law. Without this, a 'dizzyingly high bar' would be set for achieving data adequacy.
Prof. Peers: Already cases pending on PNRs. Litigation of a different nature to criminal trials likely going forward
Prof. Peers: Already cases pending on PNRs. Litigation of a different nature to criminal trials likely going forward
Robert Goodwill - qtn on SIS II and Ireland joining
Colin: This will become an important hub on the island of Ireland. In terms of Joint Task Force, Ireland likely to take the lead on extracting information and deciding on what's necessary to share. Not a workaround solution
Colin: This will become an important hub on the island of Ireland. In terms of Joint Task Force, Ireland likely to take the lead on extracting information and deciding on what's necessary to share. Not a workaround solution
Ireland part of SIS II on a probationary period, and how Ireland uses this will determine whether it continues to get access to it. Unlikely 'off the cuff' use will be encouraged.
. @Simon4NDorset - what one thing would you like to see movement on?
Colin: Need to see the detail of how the UK is going to operate its association with Europol. Need to see this before we can make any assumptions.
Prof. Peers: Need to see where the information gaps are first
Colin: Need to see the detail of how the UK is going to operate its association with Europol. Need to see this before we can make any assumptions.
Prof. Peers: Need to see where the information gaps are first
Dr. Davies: Extent of relationship between UK and Europol is not yet known. No reference to UK taking part in joint investigatory teams. Need for an express agreement on this.
Prof. Mitsilegas: UK needs to show a clear vision and commitment to what it wants to do. UK needs concrete solutions to the most pressing problems as soon as possible.
