(LD):...At a briefing given by
the National Crime Agency lead on Brexit to the APPG on policing in
2017, we were told that the existing legislative framework—that is,
regulatory alignment—and existing EU organisations and mechanisms,
including the European Court of Justice, enabled greater and more
effective co-operation between the UK and the EU when it came to
law enforcement. He said that there were workarounds if we left the
EU, but that these would not be as effective or efficient, and that
the UK would be less safe and less secure as a result. Intelligence
such as counterterrorism information tends to be shared on a
bilateral basis rather than an EU-wide basis and is likely to be
unaffected. What I am talking about here is the ability to act on
that intelligence, bringing people such as terrorists to
justice...
...The NCA lead told us that new extradition treaties were likely
to be needed with each of the 27 remaining EU states. Norway and
Iceland, both within Schengen and the European Economic Area,
applied to be part of a modified form of the European arrest
warrant in 2001. This was agreed in 2006, but they still await
implementation. The NCA lead explained that Europol produces
pan-European action plans, and serious and organised crime threat
assessments, and that a multiagency liaison bureau exists for
each member state. Contrary to the impression given by the
Security Minister yesterday, third-party states have only partial
access to Europol. The UK is one of the top contributors of
intelligence; there was until recently a British director, and
40% of data entries are UK-led...
...The NCA lead went on to say that cross-border surveillance
arrangements enable UK criminals to be kept under surveillance in
other EU countries and EU suspects to be kept under surveillance
in the UK. For every request that EU countries make under this
scheme, the UK makes seven requests of the EU. This, too, is
under threat. There are also joint investigation teams through
the Eurojust process...
(LD):...Regarding the level
playing field, the noble Lord, , advised that there will be
“hard choices” to be made on the extent to which the UK aligns with
EU standards. One could add that there may well be hard
consequences if we do not. My noble friend Lady Bakewell spoke of
the key importance of upholding high environmental standards. One
might cite air pollution, where the UK has been in breach of EU
targets on nitrogen dioxide for a decade. Does anyone honestly
think that Brexit will improve this situation? Last night, I heard
a new Conservative MP, ,
on the BBC’s “Westminster Hour” saying that the EU is not what
keeps us safe. My noble friend cited the National Crime
Agency’s support for EU mechanisms—for example, the European arrest
warrant, or the Schengen Information System—and its warning that
the UK would be less safe if we left or were less than full members
of Europol. This will also be discussed in Committee, as will the
crucial issue of a data adequacy decision...
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