This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/uk/2013/apr/23/eu-policing-justice-opt-out-danger
The article has changed 5 times. There is an RSS feed of changes available.
| Version 2 | Version 3 |
|---|---|
| EU policing and justice opt-out would endanger internal security, Lords warn | EU policing and justice opt-out would endanger internal security, Lords warn |
| (7 days later) | |
| The government's plans to opt out of 130 European policing and criminal justice measures would endanger Britain's internal security, a House of Lords inquiry has concluded. | The government's plans to opt out of 130 European policing and criminal justice measures would endanger Britain's internal security, a House of Lords inquiry has concluded. |
| Peers warn that the move, particularly withdrawing from the European arrest warrant, could attract serious crime suspects from around Europe fleeing to Britain to escape justice. | Peers warn that the move, particularly withdrawing from the European arrest warrant, could attract serious crime suspects from around Europe fleeing to Britain to escape justice. |
| They also warn that the plans, sponsored by the home secretary, Theresa May, could potentially damage existing co-operation between Northern Ireland and the Irish Republic in tackling cross-border organised crime and terrorism. | They also warn that the plans, sponsored by the home secretary, Theresa May, could potentially damage existing co-operation between Northern Ireland and the Irish Republic in tackling cross-border organised crime and terrorism. |
| May announced her intention last October to withdraw from a series of policing and criminal justice measures under the banner of "repatriating British powers from Brussels" as part of a Conservative strategy to deal with the surge in support for Ukip. | May announced her intention last October to withdraw from a series of policing and criminal justice measures under the banner of "repatriating British powers from Brussels" as part of a Conservative strategy to deal with the surge in support for Ukip. |
| The home secretary said she would only opt back into those measures that it was in Britain's interest to rejoin. | The home secretary said she would only opt back into those measures that it was in Britain's interest to rejoin. |
| But so far her talks with the Liberal Democrats have been deadlocked since February over which of the 130 measures – all introduced between the Maastricht Treaty in 1992 and the Lisbon Treaty in 2007 – to opt back into. | But so far her talks with the Liberal Democrats have been deadlocked since February over which of the 130 measures – all introduced between the Maastricht Treaty in 1992 and the Lisbon Treaty in 2007 – to opt back into. |
| The home secretary has also promised to consult and allow a vote in both houses of parliament before a final decision is taken. | The home secretary has also promised to consult and allow a vote in both houses of parliament before a final decision is taken. |
| The damning finding from the cross-party House of Lords European Union committee, which includes two former senior police officers and an ex-Home Office minister, could prove a body blow. | The damning finding from the cross-party House of Lords European Union committee, which includes two former senior police officers and an ex-Home Office minister, could prove a body blow. |
| Danny Alexander, who is leading the negotiations for the Liberal Democrats over which measures to opt back into, made clear that he welcomed the peers' report: "Discussions about the exercise of the mass opt-out are ongoing within government," he said. "However, I am clear that any final package will have to ensure the UK's continued participation in all the key measures which are important for public safety, including the European arrest warrant and Europol. Police co-operation is one area where Britain leads the way in Europe. We should be proud of our achievements and we should preserve and extend them wherever possible." | Danny Alexander, who is leading the negotiations for the Liberal Democrats over which measures to opt back into, made clear that he welcomed the peers' report: "Discussions about the exercise of the mass opt-out are ongoing within government," he said. "However, I am clear that any final package will have to ensure the UK's continued participation in all the key measures which are important for public safety, including the European arrest warrant and Europol. Police co-operation is one area where Britain leads the way in Europe. We should be proud of our achievements and we should preserve and extend them wherever possible." |
| A Home Office spokesman said that any decision would be guided by the national interest: "We have made a commitment to a vote in both houses of parliament before we take a final decision to opt out. That vote will take place in good time before May 2014," he said. | A Home Office spokesman said that any decision would be guided by the national interest: "We have made a commitment to a vote in both houses of parliament before we take a final decision to opt out. That vote will take place in good time before May 2014," he said. |
| The peers say the government has not made a convincing case for going ahead with the move: "Opting out of the policing and criminal justice measures would have significant negative repercussions for the internal security of the United Kingdom and the administration of justice in the United Kingdom," they conclude. | The peers say the government has not made a convincing case for going ahead with the move: "Opting out of the policing and criminal justice measures would have significant negative repercussions for the internal security of the United Kingdom and the administration of justice in the United Kingdom," they conclude. |
| They highlight in particular the dangers of withdrawing from the European arrest warrant, which they say is the single most important criminal justice measure introduced before the Lisbon Treaty: "If the government decides to exercise the opt-out, then it should opt back into the European arrest warrant immediately, so as to avoid any gap in its application," they warn. | They highlight in particular the dangers of withdrawing from the European arrest warrant, which they say is the single most important criminal justice measure introduced before the Lisbon Treaty: "If the government decides to exercise the opt-out, then it should opt back into the European arrest warrant immediately, so as to avoid any gap in its application," they warn. |
| Lord Hannay, a crossbencher and former British ambassador, backed up a recent warning from the Association of Chief Police Officers that withdrawing from the European arrest warrant could make Britain a safe haven for organised criminals and traffickers from across Europe: "There would be a practical attraction in criminals coming to this country to get away from the jurisdiction that is pursuing them," he said, responding to a question. | Lord Hannay, a crossbencher and former British ambassador, backed up a recent warning from the Association of Chief Police Officers that withdrawing from the European arrest warrant could make Britain a safe haven for organised criminals and traffickers from across Europe: "There would be a practical attraction in criminals coming to this country to get away from the jurisdiction that is pursuing them," he said, responding to a question. |
| He said the home secretary's move would have far-reaching implications for Europe as a whole: "Cross-border co-operation on policing and criminal justice matters is an essential element in tackling security threats such as terrorism and organised crime in the 21st century and we need to ensure that the UK police and law enforcement agencies continue to have the tools they need to tackle these increasing threats." | He said the home secretary's move would have far-reaching implications for Europe as a whole: "Cross-border co-operation on policing and criminal justice matters is an essential element in tackling security threats such as terrorism and organised crime in the 21st century and we need to ensure that the UK police and law enforcement agencies continue to have the tools they need to tackle these increasing threats." |
| Hannay, who chaired one of the sub-committees that carried out the inquiry, said that it would be possible for Britain to make alternative arrangements, including bilateral measures, but this route would raise legal complications and result in more cumbersome and expensive and less effective procedures. | Hannay, who chaired one of the sub-committees that carried out the inquiry, said that it would be possible for Britain to make alternative arrangements, including bilateral measures, but this route would raise legal complications and result in more cumbersome and expensive and less effective procedures. |
| The Conservative peer Lord Bowness, who chaired the second sub-committee, added that such alternative arrangements would inevitably put public safety at risk by rendering the extradition process much more cumbersome and protracted. | The Conservative peer Lord Bowness, who chaired the second sub-committee, added that such alternative arrangements would inevitably put public safety at risk by rendering the extradition process much more cumbersome and protracted. |
| The peers say that it is wrong of ministers to assume that the process of opting back into any of the measures would be either automatic or straightforward: "Watertight transitional arrangements would have to be agreed, and there is a clear risk that gaps and legal uncertainties would arise." They also severely criticise the home secretary for failing to provide parliament with a list of the 130 measures that they would seek to opt back into. | The peers say that it is wrong of ministers to assume that the process of opting back into any of the measures would be either automatic or straightforward: "Watertight transitional arrangements would have to be agreed, and there is a clear risk that gaps and legal uncertainties would arise." They also severely criticise the home secretary for failing to provide parliament with a list of the 130 measures that they would seek to opt back into. |
| The peers add that in the case of Ireland, a UK decision to opt out of the European arrest warrant would mean primary legislation having to be passed by the Dublin Dáil and the possible reintroduction of a political element in decisions to send suspects back to Belfast. | The peers add that in the case of Ireland, a UK decision to opt out of the European arrest warrant would mean primary legislation having to be passed by the Dublin Dáil and the possible reintroduction of a political element in decisions to send suspects back to Belfast. |
| Ministers told the peers that a major factor behind the move was the fact that mass opt-out would avoid the European court of justice being given jurisdiction in this area from December 2014. But their report concludes that there is no evidence it would undermine Britain's common law tradition and says that they "failed to identify any significant, objective justification" for avoiding the court's jurisdiction. | Ministers told the peers that a major factor behind the move was the fact that mass opt-out would avoid the European court of justice being given jurisdiction in this area from December 2014. But their report concludes that there is no evidence it would undermine Britain's common law tradition and says that they "failed to identify any significant, objective justification" for avoiding the court's jurisdiction. |
| Stephen Booth of Open Europe, which has been urging May to make the move, said: "No one is saying the UK should stop co-operating with police authorities across the EU but, at a time when the population is more sceptical about EU integration than ever before, it makes absolutely no sense to hand more power to the EU court and the European commission over the British justice system when there's now an opportunity to evaluate which measures are absolutely vital." | Stephen Booth of Open Europe, which has been urging May to make the move, said: "No one is saying the UK should stop co-operating with police authorities across the EU but, at a time when the population is more sceptical about EU integration than ever before, it makes absolutely no sense to hand more power to the EU court and the European commission over the British justice system when there's now an opportunity to evaluate which measures are absolutely vital." |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe. |
| Our editors' picks for the day's top news and commentary delivered to your inbox every weekday. |