Dismore questions Mayor over post Brexit police and security arrangements

At Mayor’s Question Time today, Andrew Dismore AM, Labour London Assembly member for Barnet and Camden questioned the Mayor, Sadiq Khan, about European police and security co-operation, after Brexit.

The Mayor has previously set out six ’red lines’ on post Brexit security, including the need for the UK to be in the Schengen Information System II, EU Name Passenger Records, the European Criminal Records Information System and Prüm. Assistant Commissioner Martin Hewitt told Police and Crime Committee that he broadly agreed with these, but now EU chief negotiator Michel Barnier has said the UK cannot remain in Europol, post Brexit. In response to Mr Dismore’s questioning, the Mayor said ‘Hard Brexit benefits criminals and terrorists.’

Mr Dismore put to the Mayor:

‘EU chief negotiator Michel Barnier, in his recent Berlin speech on 29th November, said: “…Defence and Security Union will have to be developed without the British, since on 30 March 2019 the United Kingdom will, as is its wish, become a third country when it comes to defence and security issues…The UK …..will no longer be a member of …. Europol … Everything I have just said is the logical consequence of the sovereign choice made by the British.” What does this mean for security for Londoners, against organised crime and terrorism?

Do you agree that Europol (as indeed do all your six security red lines) provide a way for member states to cooperate and enable vital intelligence sharing to help combat serious crimes including terrorism, money laundering and human trafficking. Michel Barnier is right in law isn’t he, that non-EU member states cannot be members of Europol as EU membership is a precondition.

‘When the head of MI5 has warned that the UK is facing the most severe terror threat ever and the Met’s National Coordinator for Counter-Terrorism Policing, Assistant Commissioner Helen Ball has said:

“if we were to exit Europol without replacing it with at least as good a system for information and intelligence sharing and working together as currently exists, it would be a risk I would be concerned about”.

‘And given that the European Court of Justice plays a key role in overseeing data protection laws including Europol and that the experts giving evidence before the Commons Home Affairs Committee all agreed that accepting any possible Europol access would be predicated on ‘guarantees that the case law of the Court of Justice is respected also by the United Kingdom’.

‘And also that the House of Lords European Union Committee found that The National Crime Agency took the view that the types of arrangements that have thus far been made to allow third countries to cooperate with Europol from outside the EU would not be sufficient to meet the UK’s needs.

‘Are you aware that at the Police and Crime Committee, the Conservatives tried unsuccessfully to persuade Assistant Commissioner Martin Hewitt that ‘a no deal Brexit’ would not be a problem for our security?

‘Do you agree that that the consequences of a hard Brexit or heeding the demands of hard-line Brexiters on issues like the ECJ, the Government is risking the safety of Londoners?’

The Mayor said:

‘We would be better off and safer in the EU, but I accept the vote to leave. There can be no compromise on public safety in the process and ‘no deal is not an option. The Home Secretary has sad that ‘no deal’ on security would be unthinkable’.

The Mayor said he had written to the Home Secretary. Government failure must not put the security apparatus at risk. We use Europol more than any other country and it is vital to intelligence sharing in real time. We can check criminal records throughout the EU, and can access DNA records, fingerprints and vehicle registrations and support our Border Force

The Mayor concluded by saying:

‘Hard Brexit benefits criminals and terrorists.’

Note for editors:

The Mayor’s Red Lines

The Mayor of London has set out 6 red lines in relation to Brexit:

  1.  The European Union Agency for Law Enforcement Cooperation (Europol)enables vital intelligence sharing to help combat serious crimes including terrorism, money laundering and human trafficking.
  2.  The European Arrest Warrant allows Member States to extradite people to stand trial or serve a sentence. Losing it would make it harder to bring suspects back to the UK to face justice.
  3.   The Schengen Information System IImeans countries can share information on people and property through real-time alerts. It was consulted 3.9 billion times in 2016 by Member States and Associated Countries.
  4.   EU Passenger Name Recordsallow the UK Border Agency to check passenger details against watch-lists, making it harder for organised criminals and terrorists to hide their movements.
  5. 5.   The European Criminal Records Information Systemgives the UK access to criminal records throughout the EU, critical in understanding the risk certain individuals represent.
  6.   The Prüm arrangementsallow authorities to instantly access DNA profiles, fingerprint data and vehicle registrations

MQT Questions on Europol from Andrew Dismore on Vimeo.

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