Proposed Council Decisions on EU Signature of Council of Europe Conventions

Thursday 22nd October 2015 Written Statements

[The Minister for Security (Mr John Hayes)]

Further to the explanatory memorandum I deposited on 29 June, the Government have decided not to opt in to two Council decisions relating to signature of the new additional protocol to the Council of Europe convention on the prevention of terrorism and the 2005 convention.

The additional protocol contributes to the implementation of UN Security Council resolution (UNSCR) 2178 on “threats to international peace and security caused by terrorist acts” on tackling foreign fighters, which was unanimously adopted by the Security Council of the United Nations on 24 November 2014. It seeks to set a minimum standard for criminalisation of recruitment to, and receipt of training for, terrorism and the act of travelling abroad for the purpose of terrorism.

The UK participated fully in the development of the additional protocol and has legislation in place which is compliant with the requirements of the additional protocol and the convention. While we consider there to be value in signing the additional protocol, I remain of the view that this is a matter for member states and do not agree with the European Commission’s assertion of exclusive EU competence.

Security is a matter for National Governments and National Parliaments. While co-operation across borders is important—indeed, often necessary—it is for the UK to judge what is best done in our national interest. Not opting in to these proposals will ensure that the UK cannot be caught by any exercise of EU competence in this area, in line with the previous Government’s decision not to opt back in to the EU framework decision 2002/475/JHA on combating terrorism, as amended, under the Protocol 36 decision.

[HCWS266]