Fourth Report - Cross-border co-operation on policing, security and criminal justice after Brexit

Select Committee
Northern Ireland Affairs Committee HC 766 28 April 2021
Report Status Government responded
Conclusions & Recommendations 18 items (11 recs)
Source View on Parliament website
Government Response (AI assessment · 18 of 18 classified)
Accepted 4
Accepted in Part 1
Acknowledged 11
Deferred 1
Rejected 1
Government response
First Special Report - Cross-border co-operation on policing, security and criminal justice after Brexit Government Response to the Committee’s Fourth Report of Session 2019–21 · published 5 Jul 2021
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Recommendations & Conclusions

18 results
1 Conclusion Accepted
Para 18
We welcome the fact that the UK and EU have agreed a new security partnership...
Conclusion
We welcome the fact that the UK and EU have agreed a new security partnership as part of the agreement of the Trade and Co-operation Agreement. At the time of the inquiry hearings, Brexit had had no discernible operational impact … Read more
Government Response Summary
The government reports that cooperation with EU Member States, including Ireland, under the new security arrangements is working well in practice, and it continues to monitor and strengthen existing relationships.
Northern Ireland Executive Northern Ireland Office
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2 Conclusion Acknowledged
Para 28
Patterns of behaviour by smugglers and organised crime gangs on the island of Ireland have...
Conclusion
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’ … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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3 Recommendation Acknowledged
Para 29
Cross-border arrangements providing for effective security co-operation across the Common Travel Area are to the...
Recommendation
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 … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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4 Recommendation Accepted in Part
The Specialised Committee on Law Enforcement and Criminal Justice Co-operation will have a crucial role...
Recommendation
The Specialised Committee on Law Enforcement and Criminal Justice Co-operation will have a crucial role in developing and monitoring the law enforcement, security and criminal justice arrangements in the Trade and Co-operation Agreement. This important work would benefit from the … Read more
Government Response Summary
The government values the Northern Ireland Executive's perspective and aims for constructive engagement, but states that the final discretion for attendance at the Specialised Committee rests with the UK co-chair, depending on the discussion.
Northern Ireland Executive Northern Ireland Office
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5 Conclusion Acknowledged
Para 44
We welcome the Surrender agreement agreed as part of the Trade and Co-operation Agreement.
Conclusion
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 … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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6 Conclusion Acknowledged
Para 50
The new suspect surrender arrangements agreed between the UK and EU are similar to the...
Conclusion
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 … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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7 Recommendation Acknowledged
Para 57
The new extradition arrangements agreed between the UK and EU include some important differences from...
Recommendation
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. … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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8 Recommendation Accepted
The UK’s loss of access to SIS II has the potential to create delays in...
Recommendation
The UK’s loss of access to SIS II has the potential to create delays in UK law enforcement agencies receiving arrest warrant notices when the location of the suspect is not known, if partner agencies in EU Member States do … Read more
Government Response Summary
The government accepted the recommendation, outlining current use of Interpol and bilateral channels, ongoing efforts to encourage EU Member States to use Interpol, and investment in longer-term technical capabilities to enhance Interpol connectivity and expedite information access.
Northern Ireland Executive Northern Ireland Office
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9 Recommendation Acknowledged
Para 72
Over the past two decades, the PSNI and the Gardaí have made great progress in...
Recommendation
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 … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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10 Conclusion Accepted
Para 76
We are heartened to see an agreement providing for reciprocal transfers of Passenger Name Record...
Conclusion
We are heartened to see an agreement providing for reciprocal transfers of Passenger Name Record (PNR) data. That agreement will help to protect people in Northern Ireland against serious crime and terrorism by allowing UK law enforcement agencies to exchange … Read more
Government Response Summary
The government states it has excellent bilateral cooperation with EU Member States, including Ireland, on law enforcement and criminal justice, and will continue to consider ways to strengthen these existing relationships and cooperation.
Northern Ireland Executive Northern Ireland Office
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11 Recommendation Accepted
Para 81
It is positive that the Government has negotiated successfully an agreement with the EU to...
Recommendation
It is positive that the Government has negotiated successfully an agreement with the EU to provide for reciprocal access to biometric data (and in the future vehicle registration data) of suspected criminals. That will help UK law enforcement agencies and … Read more
Government Response Summary
The government details that it already cooperates on biometric data sharing with Ireland via the Prüm mechanism, with DNA data exchanges in place since March 2020, and is working on implementing vehicle registration data exchanges under the TCA.
Northern Ireland Executive Northern Ireland Office
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12 Recommendation Acknowledged
Para 87
The PSNI and the Gardaí have developed bilateral mechanisms for sharing operational policing information.
Recommendation
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 … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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13 Recommendation Rejected
Para 94
The establishment of UK-CRIS to replace the UK’s participation in the European Criminal Records Information...
Recommendation
The establishment of UK-CRIS to replace the UK’s participation in the European Criminal Records Information System (ECRIS) is welcome. Effective policing of the open border on the island of Ireland is assisted by efficient and reliable assessment of criminal records. … Read more
Government Response Summary
The government states the Trade and Co-operation Agreement (TCA) allows fast and effective exchange of criminal records and that the 20-day deadline is a limit, not a target. It does not commit to working towards shorter time limits or reporting on performance as recommended.
Northern Ireland Executive Northern Ireland Office
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14 Conclusion Acknowledged
UK law enforcement agencies will continue to have access to Europol through the third-country arrangement...
Conclusion
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 … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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15 Recommendation Acknowledged
Para 111
It is welcome that the UK has successfully obtained draft data adequacy decisions from the...
Recommendation
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 … Read more
Government Response 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 the European Commission.
Northern Ireland Executive Northern Ireland Office
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16 Conclusion Acknowledged
The Committee supports fully the European Convention on Human Rights.
Conclusion
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 … Read more
Government Response 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.
Northern Ireland Executive Northern Ireland Office
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17 Recommendation Acknowledged
Para 122
The work of the cross-border Joint Agency Task Force to tackle cross-border crime remains important.
Recommendation
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 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.
Northern Ireland Executive Northern Ireland Office
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18 Recommendation Deferred
The PSNI told us that the creation of a bespoke Northern Ireland centre of excellence...
Recommendation
The PSNI told us that the creation of a bespoke Northern Ireland centre of excellence for law enforcement co-operation and co-ordination would integrate operational and investigative collaboration across law enforcement agencies. Bringing the agencies together under one roof should facilitate … Read more
Government Response Summary
The government expresses keenness to encourage cross-agency cooperation and states it looks forward to reviewing any proposed plans from the PSNI, Department of Justice, and other agencies for establishing a Northern Ireland centre of excellence.
Northern Ireland Executive Northern Ireland Office
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