Justice and Home Affairs Council

Tuesday 2nd February 2016 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

An informal meeting of the Justice and Home Affairs (JHA) Council was held on 25 and 26 January: 25 January was the interior day, and I attended on behalf of the UK; 26 January was the justice day, and the Minister for Immigration, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), attended.

The interior day began with a presentation by the Dutch presidency on information sharing, and an updated threat assessment from the chairman of the counter-terrorism group of member states’ security services (CTG). I welcomed the work of the CTG, but indicated that EU information systems had an important complementary role to play, stressing that this was why the UK fully supported the EU PNR directive and had now opted in to the Prüm framework. I pushed for an information sharing framework that includes common, measureable deliverables and clarifies what would be shared via SIS II, Europol, Eurodac, ECRIS and Prüm. The Dutch presidency concluded that it would hold an expert meeting to follow up on the discussion and would report back at the March JHA Council.

The Council discussed local approaches to counter-terrorism. The Mayor of The Hague explained the work undertaken in The Hague to counter-radicalisation. I set out the objectives of the UK’s Prevent strategy and explained how it is accompanied by a wider counter-extremism strategy, which seeks to promote an alternative to extremist ideology and to build partnerships with non-government institutions opposed to extremism. The Commission confirmed that the EU Radicalisation Awareness Network (RAN), which the UK supports, was being turned into a centre of excellence. The presidency reported it would take the issue forward at a conference on counter-radicalisation in Amsterdam in February, and would report back at the March JHA Council.

During lunch, the Council discussed the migration crisis, with particular focus on Schengen and external border issues, and specifically whether member states could maintain internal border controls under article 26 of the Schengen border code during the current migration crisis. The next step will be for the Commission to produce an evaluation report on the performance of Greek controls at the external border.

The Commission’s forthcoming proposal to reform the Dublin system was also discussed. Member states expressed a range of views, with some in favour of a new burden sharing regime based on relocation of asylum seekers, but many expressing support for retaining the existing principles of the Dublin regulation. The Government do not support relocation as it is the wrong response to the migratory pressures the EU faces. It undermines the important principle that asylum should be claimed in the first safe country and does not address the causes of illegal migration.

Finally, the Commission introduced its proposal for a European border and coast guard. The UK is not taking part in the border guard proposal. However, the UK supports our European partners in ensuring the full and proper management of the EU’s external border. Member states were broadly supportive of the proposal, including the proposed obligation for participating member states to provide border guards to the new agency. Member states were more cautious about the proposed right for the Commission to decide that the border guard should intervene directly in member states. The presidency concluded that there was support for the “right to intervene” in limited circumstances, but that the decision should be for the Council rather than the Commission.

The justice day began with a presentation on the Commission proposal to extend the use of the ECRIS system to third-country nationals, including the mandatory obligation to collect fingerprints. There was broad support for the proposal from member states. The UK welcomed the Commission proposal, in particular the inclusion of mandatory fingerprints, and called for even more ambition, specifically the inclusion of a minimum retention period for fingerprints of 10 years. The presidency concluded that it would seek a general approach on the ECRIS proposal by the end of March.

On Cybercrime, the presidency set out the challenges relating to cybercrime. Many member states felt that further action was needed at global, EU and national level, and supported the need for a common approach to deal with this. The UK agreed, but injected a note of caution into taking further action at EU level, and suggested the focus should instead be on sharing best practice and bilateral agreements. The presidency concluded that many member states wanted to see an EU common approach to dealing with the jurisdictional challenges faced by prosecutors and service providers, but noted that the UK was more cautious. The issue will subsequently be considered by a high-level expert conference in March, which will be followed by a paper for consideration at the June JHA Council.

Over lunch, the Council had a high-level discussion on a European forensic science area for exchanging forensic knowledge and expertise. The UK supported the sharing of forensic science data, but urged caution about any move towards common standards, best practice manuals and common competence criteria in this area.

[HCWS504]