In June 2018 Brexit negotiations were seeming to make slow progress and at an address to the European Union Agency for Fundamental Rights the EU’s chief Brexit negotiator, Michel Barnier threw a cat among the pigeons by stating post Brexit the UK will be locked out of the EU’s policing and security databases, lose access to the European Arrest Warrant (EAW) and no longer have a role in managing agencies such as Europol and Eurojust. Barnier added that security cooperation is based on trust, a trust that is founded on an ecosystem and that cooperation between the UK and EU on crime and security would be conditional on the UK remaining subject to the European Court of Human Rights. In relation to the latter, Barnier should have no concerns as there are no moves in the short term for the UK to leave the Council of Europe and thereby withdraw from the European Convention on Human Rights, a document that in 1953 was written primarily by British lawyers!
If Barnier’s threat come to fruition what the UK will lose includes:
- Access to the Prum Treaty on the exchange of DNA profiles;
- Access to the second generation of the Schengen Information System (SIS II);
- Europol’s other databases related to terrorist and criminal activity;
- Use of the EAW.
At the EU Summit in Brussels on the 29th June 2018 the UK’s Prime Minister, Theresa May warned the EU that should the UK be frozen out of cooperation on security and criminal activity related to serious crime this would put not just the UK but citizens in the other 27 EU Member States at risk. This raises the question if the UK is denied access to important databases will it compromise UK security? In essence I do not think it will, but it could slow down progress in investigations into terrorism and serious crime.
Firstly I think it is totally wrong of Barnier and his team to even to contemplate having the issue of cooperation related to terrorism and security on Brexit negotiations’ agenda. The key issues in those negotiations should focus on freedom of movement of trade and persons, trade and customs tariffs and so on, not security. Of course by leaving the EU both the UK and the EU should have separate negotiations on issues related to cooperation on terrorism and serious crime, but one where negotiations are carried out with a great desire to reach an agreement without any politicking that benefits citizens in the whole of Europe, not just those in the EU. There appears to be an arrogance with the EU in thinking of itself as Europe, but there are many European nations that are not in the EU and have no intention of doing so. Of course post Brexit the UK will be come a third country (that is one not in the EU), but please note that also post Brexit the UK will still be a European state! As such intelligence sharing and cooperation between the UK and EU Member States will still be important. Terrorists and criminals to not take into account national state borders when carrying out their activity. Both terrorist acts and serious crime like the trafficking of persons, drugs and firearms have a devastating affect on its victims. In short this is simply about nothing more than keep all European citizens safe be they in or out of the EU.
In saying this the non-EU states of Iceland, Norway, Lichtenstein and Switzerland have limited access to EU terrorism and criminal databases through the Schengen Aquis, so why can’t the UK have the same access? It might be the EU is taking a hard line stance against the UK because the UK does not want the Court of Justice of the European Union to have any form of governance over UK law. It could also be because post-Lisbon Treaty 2009 no EU Member State has wanted to leave the EU with its many unelected bureaucratic bodies (hence the democratic deficit that has been seen with the EU). As such it can be argued that the likes of Barnier is using Brexit and its hard line stance with the UK as a lesson to other EU Member States should they wish to leave the EU in the future. At the time of writing my recent travels has revealed how widespread is the desire of many citizens in EU Member States for their home state to leave the EU. In part this could be down to how the EU has developed from the European Economic Community based solely on trade to a quasi-federalist state post Treaty of Union and Treaty of Lisbon.
If asked I see the hard line Barnier is adopting would more detrimental to the EU and the citizens in its remaining Member States than the UK. The UK has what is termed a ‘gold standard’ in relation to intelligence gathering and sharing among its security services and the police and it is a model that is constantly developing and improving. GCHQ’s Director, Jeremy Fielding recently came out saying that in 2017 GCHQ and the UK played a critical role in foiling a least four attacks on mainland Europe. Fielding’s statement came out following Barnier’s threats and it is very rare for a security service director or senior police officers to feel the need to come out and get involved in a political issue. The UK’s intelligence model is one that other EU Member States want to emulate. Also the UK is part of the Five Eyes, which is an intelligence sharing agreement between the UK, the US, Canada, Australia and New Zealand and as such currently vital intelligence can be rapidly fed in to the EU systems by the UK, something the EU would lose if Barnier’s threats are realised. The EU should be grateful to the UK as Europol’s former director, Sir Rob Wainwright, who left the post earlier this year, shook up Europol by introducing and improving its intelligence and cooperation structures, all based on the UK’s model. He is currently assisting the UK’s Parliamentary Home Affairs Committee on the status of Brexit negotiations on security and the options available for future policing and security cooperation between the UK and the EU. In relation to EAW’s, there is a possibility that the UK and the EU can negotiate a similar extradition procedure that is as rapid as the EAW because the use of EAW’s has been a two-way process as just as many EAW’s have been carried out by UK policing agencies on behalf of Member States as the UK has made requests. I am confident that as such the UK and the EU can agree on a form of swift extradition. This is important as many EU Member States’ constitutions prohibit extradition of its citizens to third countries, for example Germany.
While in my opinion it is wrong for the EU to use security and serious crime as a political football I am confident pressure will be put on the EU by the Member States and its security services and policing agencies to maintain close cooperation with the UK. As I said the UK is not leaving Europe, it is leaving the EU and the EU is not Europe. Should the EU maintain a hard line on these issues I think the biggest loser with be the citizens of the remaining 27 member States.
I discuss these issues in greater detail in my interview with Radio Sputnik