Recommendations & Conclusions
11 items
2
Conclusion
Fourth Report - Cross-border co-operati…
Acknowledged
Patterns of behaviour by smugglers and organised crime gangs on the island of Ireland have not changed significantly following the end of the transition period, but there is no room for complacency. We therefore welcome law enforcement and crime agencies’ assurance that the high level of cross-border operational capability has …
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Patterns of behaviour by smugglers and organised crime gangs on the island of Ireland have not changed significantly following the end of the transition period, but there is no room for complacency. We therefore welcome law enforcement and crime agencies’ assurance that the high level of cross-border operational capability has been retained through replacement co-operation mechanisms agreed in the Trade and Co-operation Agreement.
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Government response AI summary
The government confirms that new law enforcement cooperation arrangements with EU Member States, including Ireland, are generally working well since January 1st, and reaffirms its commitment to partnering to counter threats.
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Northern Ireland Executive
Northern Ireland Office
3
Recommendation
Fourth Report - Cross-border co-operati…
Acknowledged
Cross-border arrangements providing for effective security co-operation across the Common Travel Area are to the mutual benefit of all on these islands. The importance of bodies and fora such as the Joint Agency Task Force, the Annual Cross-Border Conference on Organised Crime, the Common Travel Area Forum and where appropriate …
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Cross-border arrangements providing for effective security co-operation across the Common Travel Area are to the mutual benefit of all on these islands. The importance of bodies and fora such as the Joint Agency Task Force, the Annual Cross-Border Conference on Organised Crime, the Common Travel Area Forum and where appropriate the British-Irish Intergovernmental Conference cannot be overestimated in their use in supporting and developing co-operation between law enforcement on both sides of the border countering cross-border criminality and for security co-operation (and other issues) between the UK and Ireland more widely. The Government and the Irish Government must agree to convene the British- Irish Intergovernmental Conference (either virtually or physically) as soon as possible, and no later than the end of June 2021, to discuss security co-operation, as part of wider ongoing efforts to minimise the opportunities for organised crime gangs to exploit the Common Travel Area. The Government and the Irish Government should build on established practice for supporting cross-border co-operation to minimise the opportunities for organised crime gangs. Steps must be intelligence-led and have a clear operational purpose. The Government should also work proactively with the Executive to ensure that the PSNI and the National Crime Agency are fully equipped to identify and address specific organised crime threats.
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Government response AI summary
The government acknowledged the importance of cross-border cooperation and stated it continues to work closely with EU and Irish partners to monitor arrangements, but did not commit to convening the specific British-Irish Intergovernmental Conference or equipping PSNI/NCA as recommended.
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Northern Ireland Executive
Northern Ireland Office
5
Conclusion
Fourth Report - Cross-border co-operati…
Acknowledged
We welcome the Surrender agreement agreed as part of the Trade and Co-operation Agreement. Its introduction will avoid the significant delays that might have occurred if the UK and Ireland had been forced to rely on the cumbersome 1957 European Convention on Extradition.
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We welcome the Surrender agreement agreed as part of the Trade and Co-operation Agreement. Its introduction will avoid the significant delays that might have occurred if the UK and Ireland had been forced to rely on the cumbersome 1957 European Convention on Extradition.
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Government response AI summary
The government acknowledges the committee's welcome of the Surrender agreement, providing further detail on its effectiveness, time limits, and safeguards regarding dual criminality. It expects cooperation to proceed largely as before and commits to monitoring the arrangements.
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Northern Ireland Executive
Northern Ireland Office
6
Conclusion
Fourth Report - Cross-border co-operati…
Acknowledged
The new suspect surrender arrangements agreed between the UK and EU are similar to the EU Surrender Agreement with Norway and Iceland and include many of the features of the European Arrest Warrant. Importantly for co-operation between the UK and Ireland, the new arrangements mean that extradition will continue to …
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The new suspect surrender arrangements agreed between the UK and EU are similar to the EU Surrender Agreement with Norway and Iceland and include many of the features of the European Arrest Warrant. Importantly for co-operation between the UK and Ireland, the new arrangements mean that extradition will continue to be subject to judicial control rather than operating through political channels. The emphasis on the principle of proportionality is welcome and represents an improvement on the European Arrest Warrant.
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Government response AI summary
The government acknowledged the committee's positive observations about the new extradition arrangements and stated they are working well, committing to continued monitoring with partners.
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Northern Ireland Executive
Northern Ireland Office
7
Recommendation
Fourth Report - Cross-border co-operati…
Acknowledged
The new extradition arrangements agreed between the UK and EU include some important differences from the European Arrest Warrant. The Trade and Co- operation Agreement introduces a political offence exception and allows states to refuse to extradite their own nationals. There is a requirement to establish double criminality, which can …
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The new extradition arrangements agreed between the UK and EU include some important differences from the European Arrest Warrant. The Trade and Co- operation Agreement introduces a political offence exception and allows states to refuse to extradite their own nationals. There is a requirement to establish double criminality, which can be waived in defined circumstances, although the Government has no plans to do so. Those differences should not significantly affect extradition processes between the UK and Ireland. However, the speed of extradition between the UK and Ireland may be slowed in some cases, if there is a requirement to establish double criminality as part of the process of suspect surrender. The Government must commission a review of the effect of the new extradition arrangements after they have been in force for two years. Research on the effect of the need to establish double criminality on the speed of extradition processes between the UK and Ireland should form part of this review.
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Government response AI summary
The government stated that extradition cooperation with Ireland is expected to proceed largely as before and committed to continuous monitoring of the arrangements, but did not commit to commissioning a formal review after two years as specifically recommended.
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Northern Ireland Executive
Northern Ireland Office
9
Recommendation
Fourth Report - Cross-border co-operati…
Acknowledged
Over the past two decades, the PSNI and the Gardaí have made great progress in developing co-operation mechanisms to tackle cross-border criminality on the island of Ireland. We are assured that this will continue after Brexit. The structures that have been built up to aid UK and Irish law enforcement …
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Over the past two decades, the PSNI and the Gardaí have made great progress in developing co-operation mechanisms to tackle cross-border criminality on the island of Ireland. We are assured that this will continue after Brexit. The structures that have been built up to aid UK and Irish law enforcement agencies in their mutual aim of frustrating cross-border crime will become increasingly important now that the UK has left the EU and lost access to some EU security and justice databases. Cross-border co-operation on policing, security and criminal justice after Brexit 45 There is, though, a risk that the tools and systems used by UK law enforcement agencies for cross-border information sharing will fall behind those that Irish and other EU authorities have access to. We have heard that this is in part due to the European Union’s approach to granting third countries full access to such measures. There is also the risk in the future that any unilateral divergence may have an impact on information sharing. This could lead to an imbalance in capabilities between UK and Irish authorities and inadvertently hand criminals an opportunity to exploit these discrepancies. In doing so, the impact would be felt on the streets of Great Britain, as much as on the island of Ireland. The Government must use the Specialised Committee on Law Enforcement and Criminal Justice Co-operation to, where possible and cognisant of third country limitations, make the case for ongoing and organic alignment between the UK and EU in the development of information sharing systems.
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Government response AI summary
The government acknowledged the importance of bilateral cooperation with EU Member States, including Ireland, and stated it would continue to strengthen these relationships, but did not commit to using the Specialised Committee to advocate for ongoing UK-EU alignment in information sharing systems.
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Northern Ireland Executive
Northern Ireland Office
12
Recommendation
Fourth Report - Cross-border co-operati…
Acknowledged
The PSNI and the Gardaí have developed bilateral mechanisms for sharing operational policing information. The Trade and Co-operation Agreement does not appear to impede the continuing exchange of operational information between UK and Irish law enforcement agencies, but both countries should be ambitious and build on the arrangements already in …
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The PSNI and the Gardaí have developed bilateral mechanisms for sharing operational policing information. The Trade and Co-operation Agreement does not appear to impede the continuing exchange of operational information between UK and Irish law enforcement agencies, but both countries should be ambitious and build on the arrangements already in place. The Government must set out how it plans to support the development of existing bilateral mechanisms for the exchange of operational policing information between UK and Irish law enforcement agencies in line with technological advances to ensure that operational information exchange is as efficient as possible.
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Government response AI summary
The government acknowledges excellent existing bilateral cooperation with Ireland on law enforcement and criminal justice issues, stating it will continue to consider ways to strengthen this and build on strong relationships.
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Northern Ireland Executive
Northern Ireland Office
14
Conclusion
Fourth Report - Cross-border co-operati…
Acknowledged
UK law enforcement agencies will continue to have access to Europol through the third-country arrangement negotiated in the Trade and Co-operation Agreement. Access to Europol is important for law enforcement agencies when co-ordinating Europe-wide investigations, particularly when more than two countries are involved in an operation. However, the loss of …
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UK law enforcement agencies will continue to have access to Europol through the third-country arrangement negotiated in the Trade and Co-operation Agreement. Access to Europol is important for law enforcement agencies when co-ordinating Europe-wide investigations, particularly when more than two countries are involved in an operation. However, the loss of full membership of Europol reduces, but does not eliminate, the ability of the UK to shape the future development of the organisation through its management board. There is clear benefit in the Government advancing proactively the case for the UK’s involvement in Europol through the Specialised Committee on Law Enforcement and Criminal Justice Co-operation. (Paragraph 103) Data adequacy and the EHCR
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Government response AI summary
The government acknowledges ongoing cooperation with EU member states and a commitment to working with European partners. However, it does not specifically address advancing the UK's involvement in Europol through the Specialised Committee on Law Enforcement and Criminal Justice Co-operation.
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Northern Ireland Executive
Northern Ireland Office
15
Recommendation
Fourth Report - Cross-border co-operati…
Acknowledged
It is welcome that the UK has successfully obtained draft data adequacy decisions from the European Commission. The UK maintaining data adequacy status is key for the continuation of efficient data sharing between the PSNI and the Gardaí, as well as other UK and Irish crime agencies, and the finalising …
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It is welcome that the UK has successfully obtained draft data adequacy decisions from the European Commission. The UK maintaining data adequacy status is key for the continuation of efficient data sharing between the PSNI and the Gardaí, as well as other UK and Irish crime agencies, and the finalising of data adequacy decisions is therefore critical. If granted, the UK’s data adequacy status will be reviewed periodically, and it may be subject to legal challenge as previous EU data adequacy decisions on third countries statuses have been. The Government must explain how it plans to ensure that the UK’s data protection regime continues to clear the necessary bar to maintain the country’s data adequacy status. The Government must proactively engage with the European Commission on this as part of efforts to ensure that data adequacy decisions are reached in good time, ahead of deadlines for their adoption, and to avoid uncertainty about the future of data sharing arrangements.
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Government response AI summary
The government states its firm commitment to maintaining high data protection standards and notes that the UK and EU will regularly review each other’s data protection regimes. It does not, however, explain specific plans to ensure data adequacy is maintained or detail proactive engagement with …
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Northern Ireland Executive
Northern Ireland Office
16
Conclusion
Fourth Report - Cross-border co-operati…
Acknowledged
The Committee supports fully the European Convention on Human Rights. We welcome the Government’s assurance, stated at the dispatch box and to this Committee in November 2020 and in March 2021, that it remains “absolutely committed” to the European Convention on Human Rights. The Trade and Co- operation Agreement is …
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The Committee supports fully the European Convention on Human Rights. We welcome the Government’s assurance, stated at the dispatch box and to this Committee in November 2020 and in March 2021, that it remains “absolutely committed” to the European Convention on Human Rights. The Trade and Co- operation Agreement is based on the UK continuing to apply the ECHR. The Government’s ongoing application of the ECHR is important in facilitating continued data sharing and effective extradition arrangements between the UK and Ireland. Robust human rights and legal safeguards both for accused persons and for victims of crimes are critical to providing a base from which effective and efficient co-operation can be facilitated. There is no room for doubt about the UK’s commitment to the ECHR or to its domestic effect. We welcome the fact that the Government will continue to uphold the European Convention on Human Rights in full, as successive Governments have done since 1950, when the UK was one of its founding signatories. (Paragraph 115) Cross-border co-operation on policing, security and criminal justice after Brexit 47 Future innovations in UK-Irish cross-border security co-operation
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Government response AI summary
The government affirms its commitment to maintaining high data protection standards, agreeing this underpins international law enforcement cooperation, and states that both the UK and EU will regularly review each other’s data protection regimes.
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Northern Ireland Executive
Northern Ireland Office
17
Recommendation
Fourth Report - Cross-border co-operati…
Acknowledged
The work of the cross-border Joint Agency Task Force to tackle cross-border crime remains important. At a strategic level, the Task Force should meet quarterly rather than biannually, or as operational necessities warrant.
Government response AI summary
The government expresses its keenness to encourage cross-agency cooperation and looks forward to reviewing any proposed plans from relevant agencies to advance the work of the Joint Agency Task Force, but does not commit to the specific recommendation for quarterly meetings.
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Northern Ireland Executive
Northern Ireland Office