(7 years, 2 months ago)
Written StatementsToday, I am publishing the 2017 UK Annual Report on Modern Slavery. The report covers the whole of the UK and has been drafted in collaboration with the Northern Ireland Executive, the Scottish Government and the Welsh Government. This report sets out an assessment of the scale of modern slavery in the UK, and outlines the actions that have taken to combat it over the last year.
A copy of the report will be placed in the House Library.
[HCWS175]
(7 years, 2 months ago)
Written StatementsI am pleased to announce that I am today laying before the House the 2017 annual report of the Independent Anti-Slavery Commissioner. Copies of the report are available in the Vote Office.
[HCWS174]
(7 years, 2 months ago)
Commons ChamberCrime as measured by the Crime Survey for England and Wales has continued to fall in recent years. That includes the period after 2010, when police forces played their part in tackling the deficit by operating within reduced budgets. Decisions on deployment are rightly made by chief constables, working with their democratically accountable police and crime commissioners to meet local needs.
Order. The Home Secretary was so excited that she neglected to mention that she was seeking to group question 1 with question 4—which is, of course, entirely orderly.
A quarter of my local police forces’ operational strength has been cut since 2010. When I visited police in Barnsley this weekend, they told me that they were genuinely worried about how they would continue to operate at the same level if further cuts were made. Does the Home Secretary disagree with officers such as those in Barnsley who say that additional cuts will have a severe impact on neighbourhood policing?
I can reassure the hon. Lady that there are no plans for further cuts, and that the police budget has been protected between 2015 and 2020. I have particular admiration for South Yorkshire police, who recently launched a new neighbourhood policing model that is moving significant resources in neighbourhood policing across the forces’ four districts. That shows exactly how well they are operating.
As the Home Secretary will know, one of the crimes that has increased is the carrying out of attacks on police officers themselves. May I therefore take this opportunity to welcome today’s news that the Government will support the “protect the protectors” Bill, tabled by my hon. Friend the Member for Rhondda (Chris Bryant), on Friday?
That having been said, Her Majesty’s inspectorate of constabulary recently warned that
“the position on crime prevention and local policing continues to deteriorate.”
Does the Minister now accept that neighbourhood policing is at the very core of crime prevention, and that it is neighbourhood policing that has had to bear the lion’s share of the loss of 20,000 police officers across the country, much to the detriment of safety in our communities?
The hon. Lady has raised two points. On the first, I agree with her. I welcome the close working to protect the protectors, and we will continue to do that. As for the specific point about the hon. Lady’s local police force, it is good to see that West Yorkshire police is graded as “good” across all three strands, and that HM Inspector of Constabulary Mike Cunningham has said:
“I am very pleased with the overall performance of West Yorkshire Police.”
May that continue.
If the Government are going to support the private Member’s Bill mentioned by the hon. Member for Halifax (Holly Lynch), it is important that the Ministry of Justice and the Crown Prosecution Service play their part as well, and that, when the Sentencing Council suggests that judges give more severe sentences for assaults on police officers and other emergency workers, they do what it says on the tin.
Let me first congratulate my right hon. Friend, and secondly say how much I agree with him. That will not be a surprise, in view of his record in the Chamber on these issues. I will indeed convey his request to the CPS, and ensure that we deliver that.
There is a worrying increase in crime in West Yorkshire, including in my constituency, and it is a fact that the police officers, who are doing a fantastic job, are overstretched. The Government’s first duty should be to protect the public and keep them safe. May I urge the Home Secretary to ensure that more resources go into West Yorkshire to support the police who are tackling that worrying rise in crime?
I agree with my hon. Friend that the first role of Governments is indeed to protect people; as the Conservative party in government, we will make sure that we do that at every step. I can tell my hon. Friend that the total cash funding for West Yorkshire in 2017-18 has increased by £3.7 million since 2015-16, and also that West Yorkshire has police resource reserves of £91 million.
I understand that the right hon. Member for Hemel Hempstead is to become a knight of the realm. I had not been aware of that important fact, but I am now, and I warmly congratulate the right hon. Gentleman, who is evidently absolutely delighted with the status to be conferred upon him.
On the matter of knights, I call Sir Edward Davey.
Given that the Met police are issuing guidelines that some so-called low-level crime will no longer be investigated in London, is it not now crystal clear that Government cuts in community policing are helping criminals and hurting victims? Will the Home Secretary now tell the House that she is campaigning in the Government for a big rise in police funding in the forthcoming Budget?
Let me respectfully observe to the right hon. Gentleman that, having spoken to the Metropolitan Police Commissioner very recently, I know that there is no change in the operating model of the Metropolitan police. They will continue to triage crimes as they arrive in the appropriate way, to ensure that they always prioritise the most important. Conservative Members will always be on the side of the victims, and will always ensure that the police have the right resources to address crime.
Northamptonshire has 1,242 police officers, 488 specials, 860 police staff and 95 police community support officers. Will the Home Secretary congratulate Northamptonshire police on starting a drive to recruit even more police officers this year?
I thank my hon. Friend for that question and will of course join him in congratulating Northamptonshire police. I should add that his force is not the only one increasing recruitment and the number of crimes it is solving. Sometimes, listening to Opposition Members, one could think that the police were not doing the fantastic duty that they are; I urge Opposition Members to take the time sometimes to congratulate them on the phenomenal job they do.
We recently brought together—Mr Speaker, I have failed once more. May I group Question 5 with Question 19?
That was not requested, but I am, as usual, in a generous and benevolent mood.
We recently brought together motorcycle insurance industry leaders, law enforcement partners, the Local Government Association, charities and representatives from the motorcycle-riding community to have a full and open discussion about the issue. All parties agreed to work together to devise a comprehensive action plan to tackle this type of crime. As a first step, we have announced a review of the law, guidance and practice surrounding police pursuits and response driving.
Order. I wanted to respond favourably partly for the benefit of the Home Secretary and her illustrious office and partly because the temptation to hear the hon. Member for Bromley and Chislehurst (Robert Neill) is overwhelming.
Of 20,000 moped-related crimes in London last year, 752 happened in Southwark, but only 17 people were charged with an offence. Instead of tackling the rising problem, the Government have announced a review. What are the terms of this pathetic response to this blight on my constituents’ lives? When will it be completed? What specific additional resources and powers will it give our overstretched and underfunded police?
The hon. Gentleman will be aware that we do not have operational control over what goes on in his constituency; what we do have is the ability to pull people together to get the right answers. This sort of evolving crime needs to be dealt with by bringing people together to find out the best way to address it. We need to be guided by the police and local authorities. I urge him to engage with that consultation so that we get the right answers for his constituents.
In the course of the Home Secretary’s welcome review, will she undertake to get the message out that pretty cynical and street-hardened young people, such as some in my constituency, are taking off their helmets when the police appear on the scene because they believe that the police will not chase them under the current guidelines? The guidelines are utterly out of touch with reality and frustrate police officers who are trying to do their job. Will the review look at that specific issue?
I thank my hon. Friend for raising that point in his particularly distinct way. He is absolutely right—he has put his finger on it—that the police do have a concern and we are having the review to address that concern. I hope that I will be able to come back to him with some progress soon.
Over the past six months, 35 motor vehicle thefts and a rise in moped-related crime have been reported in Penge. Yesterday, it was reported that an acid attack occurred in broad daylight. Many of my constituents are becoming increasingly concerned. What exactly is the Department doing to combat such crimes?
I share the hon. Lady’s concerns. We take this matter seriously and we must address it, particularly because such crimes tend to evolve and can hold a fashionable attraction for different communities. That is why we are having this review. That is why we are bringing together the different parties, and I urge her to engage with the process.
We all recognise the importance of dealing with knife crime, given the terrible impact that it can have on people’s minds. Our work to tackle it is centred on working on four key strands: on police and enforcement; on retailers and responsible sales; on the legislative framework; and on early intervention.
I thank the Home Secretary for that reply. Does she agree that, one of the challenges here is that some of the most lethal knives are actually in people’s kitchens up and down the land, which makes them very difficult to regulate. On sentencing criminals, will she tell the House how many people have been convicted under the so-called Nick de Bois amendment of “two strikes and you’re out”?
I share my hon. Friend’s concerns. That was exactly the right amendment and we need to ensure that it is enforced. I have also taken up the matter further with Nick de Bois, a former Member here, to see how we can implement it. He also drew attention to the importance of our £500,000 community fund, which enables local organisations to work with the community on early intervention to stop people picking up knives in the first place. That is available now, and I urge Members on both sides of the House to consider inviting local community organisations to apply for the fund.
Today was the first evidence session for the Youth Violence Commission, and we looked specifically at the role of youth and community work. Does the Secretary of State agree that early intervention is important in tackling knife crime and what would she say to those calling for a statutory youth service that is fully funded?
I certainly agree that early intervention is critical. My conversations with chief constables and colleges led to that. We need to do more to ensure that young people realise the consequence of carrying knives, as well as the terrible impact it can have on them if they are seen to be carrying one. That is why we have introduced the community fund, for which I urge the hon. Lady and other hon. Members to consider applying.
I wish to update the House briefly on the Government’s decision to launch a consultation on new laws on corrosive substances, knives and guns. All forms of violent crime are completely unacceptable and devastate lives, families and communities. That is why I have launched a consultation on offensive and dangerous weapons, with proposals to ban the sale of the most harmful corrosive substances to under-18s, and to introduce minimum prison sentences for those who repeatedly carry corrosives without good reason. The consultation also includes new measures to prevent under-18s from getting around age restrictions by buying knives online, and proposals to ban offensive weapons such as zombie knives from being kept privately.
I want to send a powerful message that the cowards who burn with acid or cut with knives will not escape the full force of the law. I am clear that, by threatening someone with a knife or by plotting an acid attack, the only life you will be ruining is your own.
I share the hon. Gentleman’s concerns about Mamba and the growth of other elements of drugs. That is why we have introduced a new drugs strategy, to try to help people exit. It involves making sure that local authorities work closely with police, housing and other stakeholder support areas. It is not just about banning, which is important, but about helping people to get off it and to get out and start to live their lives without it.
I thank my hon. Friend for her question on such an important area. It is vital that the police have the confidence and the allowance to pursue people when they need to do so. That is why we are conducting a review to give them extra clarity that they can pursue people on mopeds.
I have been touring the country speaking to fire chiefs, and we have spoken about the consequences of the Government’s austerity obsession, which, since 2010, has led to 11,000 firefighters being axed, reduced home fire safety checks, increased response times, and, in some areas, fire-related deaths increasing. Does the Secretary of State support calls from some fire chiefs for pre-set flexibility to keep our citizens safe? If not, does she support increased funding for this crucial service?
We must congratulate the people in the fire authorities, who have made sure that the amount of fires has fallen by 50% and the number of deaths from fires has reduced by 20%. They have done incredibly well at, in effect, driving productivity in that way. I will make sure that they are always suitably funded. One of the ways in which they can have more funds is by making efficiencies by merging with police forces. I am delighted that a number of fire authorities are doing exactly that. The proposals are with us at the moment. Fire authorities will be able to make efficiencies and spend more money on the frontline.
I agree with the right hon. Gentleman that the principle of having continued access to these databases is important for making sure that we keep people safe—people in the UK and people in the EU. As regards what sort of jurisdiction there is with oversight on the final arrangement, we are hoping to have a treaty to engage with them. I point him to other arrangements that are already in place. There are different arrangements with Norway, Switzerland, America, and Europol. We will have a creative and, I hope, positive approach to delivering on that.
I want to reassure the hon. Gentleman that we have plenty of bilateral meetings that cover some of the elements that he has raised. We will be having a meeting of the National Security Committee soon, and when that takes place I will be able to reassure him.
Farmers in my constituency have recently encountered Travellers coming illegally on to their land. Does the Secretary of State believe that the police should be given more powers to deal with this issue?
I am indulgence itself, but give colleagues an inch and they take a mile.
I commend the hon. Lady for raising this subject. It is imperative that women have access to safe and legal abortion. Although we of course agree that public protest must be allowed, it must not in any way be allowed to intimidate women on the way to receiving the health services they want. I am watching with interest how Ealing Council, which is the first to do this, manages, and we will see whether any additional support is needed. It is a local matter, but as I say, I am very interested to see the outcome of this and I welcome her raising it in the House.
In response to what can at best be described as a fishing expedition by Wiltshire police on the steps of Sir Edward Heath’s house in Salisbury some years ago, some 118 people came forward with allegations against Sir Edward. Of them, 111 have since been dismissed, leaving a handful that are still theoretically on the table. The Home Secretary has now had an opportunity to read both volumes of the report produced by the police and released last week, one of which is of course secret. Will she advise the House whether there is one shred of evidence in either report that Sir Edward Heath was a paedophile, or one scintilla of doubt about that?
I thank my hon. Friend for raising this issue. I have seen the reports, and I can confirm that the report clearly states that “no inference of guilt” should be drawn from its contents.
Does the Minister agree that, with fire deaths in Cheshire having increased every year for the past four years, cuts to fire services and, indeed, the downgrading of appliances cannot continue without severe consequences for local people?
Will the Home Secretary confirm that the new emigration procedure post-Brexit will be introduced in this House before the end of this year, and will she also confirm that it will not discriminate against non-EU citizens?
We will bring forward a White Paper on emigration by the end of this year, an emigration Bill will be brought forward at the beginning of next year and the Migration Advisory Committee will complete its report by the end of next year. It will be a very busy 12 months.
With Daesh potentially on the verge of collapse, is the country experiencing an increase in the number of British jihadists attempting to return secretly, and will any of them be formally allowed back in?
The Home Secretary will be aware that last week’s revelations about Cyril Smith in the child abuse inquiry demonstrate that the cover-up of decades of child abuse reached the highest levels of Government. Will she commit to releasing papers held by all Departments and agencies in relation to the case so that Cyril Smith’s many victims, who were denied justice in his lifetime, can now find it in theirs?
I can reassure the hon. Lady that, where appropriate, those papers are being released. Some papers are held for national security reasons, and she would not want me to persuade the security services to release those. However, I am encouraged to hear her positive approach to the independent inquiry into child sexual abuse for perhaps the first time.
In the Newtown area of my constituency there have been seven shootings in the past three months. Local people tell me that they simply do not feel safe, and cuts to police funding and neighbourhood policing are having a devastating impact. Why cannot the Home Secretary see that she is failing in her responsibility to resource the services that are required to keep us safe? How much more will my constituents have to suffer before she changes course?
(7 years, 5 months ago)
Written StatementsSection 19(1) of the Terrorism Prevention and Investigation Measures Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of her TPIM powers under the Act during that period.
The level of information provided will always be subject to slight variations based on operational advice.
TPIM notices in force (as of 31 May 2017) | 6 |
TPIM notices in respect of British citizens (as of 31 May 2017) | 5 |
TPIM notices extended (during the reporting period) | 0 |
TPIM notices revoked (during the reporting period) | 1 |
TPIM notices revived (during the reporting period) | 1 |
Variations made to measures specified in TPIM notices (during the reporting period) | 10 |
Applications to vary measures specified in TPIM notices refused (during the reporting period) | 3 |
The number of current subjects relocated under TPIM legislation (as of 31 May 2017) | 6 |
(7 years, 5 months ago)
Written StatementsOn 21 July 2014, my predecessor as Home Secretary my right hon. Friend the Member for Maidenhead (Mrs May), announced in Parliament, through a written ministerial statement, the commencement of the triennial review of the Home Office science advisory non-departmental public bodies: the Advisory Council on the Misuse of Drugs (ACMD); the Animals in Science Committee (ASC); and the National DNA Database Ethics Group (NDNADEG). I am now pleased to announce the completion of the review.
The ACMD, ASC and NDNADEG are independent bodies that advise ministers on scientific issues.
The review concludes that the functions performed by the ACMD, the ASC and the NDNADEG are still required and that they should be retained as non-departmental public bodies. The review concludes that the control and governance arrangements are robust and compliant with the principles set out in the principles of good corporate governance for advisory NDPBs, the code of practice for scientific advisory NDPBs and the principles of scientific advice to Government.
The review recommends that the remit of the NDNADEG should be extended to cover the ethical issues associated with all forensic identification techniques including facial recognition technology and fingerprinting, and the collection and retention of biometric data. This recommendation has been accepted and therefore the name of the NDNADEG will change to the Biometrics And Forensics Ethics Group. The review also makes two recommendations in relation to accountability of Ministers for the bodies: that the chair of the NDNADEG should meet a Home Office Minister in the next 12 months; and an annual report should be published for the ASC and ACMD. Both recommendations have been accepted.
The full report of the triennial review of the ACMD, the ASC and the NDNADEG can be found on the gov.uk website and copies have been placed in the Library of the House.
[HCWS92]
(7 years, 5 months ago)
Written StatementsIn November 2013, the then Home Secretary asked David Anderson QC to conduct a review of the framework of the UK’s deportation with assurances (DWA) policy, and to make recommendations on how the policy might be strengthened or improved, with particular emphasis on its legal aspects. I am pleased to be publishing his report today (Cm 9462). I can confirm that no redactions have been made to the report.
In accordance with section 36(5) of the Terrorism Act 2006, David Anderson QC, the former independent reviewer of terrorism legislation, prepared a report on the operation in 2015 of the Terrorism Act 2000 and part 1 of the Terrorism Act 2006, which was laid before the House on 1 December 2016. I have carefully considered its recommendations and observations. I am today laying before the House the Government’s response (Cm 9489).
I am very grateful to David Anderson for his work on both reports
Copies of David Anderson’s report into DWA, and the Government’s response to his section 36(5) report will be available in the Vote Office and on gov.uk.
[HCWS105]
(7 years, 5 months ago)
Written StatementsThe Home Office and Ministry of Justice have prepared the sixth and seventh annual reports to Parliament on the application of protocols 19 and 21 to the treaty on European Union (TEU) and the treaty on the functioning of the European Union (TFEU) (“the treaties”) in relation to EU justice and home affairs (JHA) matters (Cm 9488). The reports, which are today being laid before the House, are submitted on behalf of both my own Department and that of the Secretary of State for Justice. Copies of the Command Paper are available from the Vote Office and on gov.uk.
On 9 June 2008, the then Leader of the House of Lords committed to table a report in Parliament each year setting out the decisions taken by the Government in accordance with protocol 21 (“the justice and home affairs opt-in protocol”) and to make that report available for debate. These commitments were designed to ensure that the views of the scrutiny committees should inform the Government’s decision-making process.
The sixth report covers decisions taken over the period 1 December 2014 to 30 November 2015. In that period, decisions on UK participation in 23 EU JHA legislative proposals have been taken. The UK has decided to opt in under the JHA opt-in protocol in 11 cases and has decided not to opt in in 13 cases (this includes one decision on an international agreement where the UK opted into one set of JHA provisions in the measure, and did not opt into another). The Government have not asserted the Schengen opt-out to any proposals during that period.
The seventh report covers decisions taken over the period 1 December 2015 to 30 November 2016. In that period, decisions on UK participation in 36 EU JHA legislative proposals have been taken. The UK has decided to opt in under the JHA opt-in protocol in 12 cases and has decided not to opt in in 24 cases. The Government have not asserted the Schengen opt-out to any proposals during that period.
These opt-in decisions are without prejudice to discussions on the UK’s future relationship with the EU. The UK’s relationship with the EU will change as a result of leaving the EU. However, the UK retains the rights and obligations of membership of the EU while we remain a member.
[HCWS94]
(7 years, 5 months ago)
Written StatementsSection 19(1) of the Terrorism Prevention and Investigation Measures Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of her TPIM powers under the Act during that period.
The level of information provided will always be subject to slight variations based on operational advice.
TPIM notices in force (as of 28 February 2017) | 7 |
TPIM notices in respect of British citizens (as of 28 February 2017) | 6 |
TPIM notices extended (during the reporting period) | 0 |
TPIM notices revoked (during the reporting period) | 0 |
TPIM notices revived (during the reporting period) | 0 |
Variations made to measures specified in TPIM notices (during the reporting period) | 7 |
Applications to vary measures specified in TPIM notices refused (during the reporting period) | 1 |
The number of current subjects relocated under TPIM legislation (as of 28 February 2017) | 7 |
(7 years, 5 months ago)
Written StatementsIn May 2016, this Government set out plans to create an independent inspectorate for fire and rescue authorities in England as part of our fire reform programme.
The response to the recent tragic Grenfell Tower fire showcased the very best of fire and rescue services. As the dreadful event unfolded, we saw the resounding bravery and skill of our firefighters and emergency responders.
An inspectorate will help support the continuous improvement of this critical public service and enable fire and rescue authorities to become even more effective, as it is only by identifying and understanding problems that action can be taken to overcome them.
I can today announce that this inspectorate will form part of a newly expanded Her Majesty’s inspectorate of constabulary (HMIC). In order to preserve fire and rescue’s distinct identity, HMIC will re-brand as Her Majesty’s inspectorate of constabulary and fire and rescue services.
I have recommended to Her Majesty that, following commencement of fire and rescue inspection provisions in the Policing and Crime Act 2017, she appoint Her Majesty’s chief inspector of constabulary, Sir Thomas Winsor, as chief fire and rescue inspector, and for HMIC’s existing inspectors to be appointed fire and rescue inspectors. This will be in addition to their existing police inspection responsibilities.
A dedicated team will be appointed to carry out fire and rescue inspections which will include expertise drawn from the fire and rescue sector.
The new inspectorate will work alongside other institutional changes under way in the fire and rescue sector, namely the establishment of the National Fire Chiefs Council and the planned creation of a body with responsibility for setting professional standards for fire and rescue services.
HMIC has a strong track record in holding policing to the highest standards and identifying where action must be taken to improve behaviour and practice. I expect them to replicate this when inspecting fire and rescue authorities. This new inspectorate will provide a crucial assurance function to assess the efficiency and effectiveness of every authority in England and whether they are fulfilling their statutory obligations.
My officials, together with representatives from the fire and rescue sector, will work with the inspectorate over the coming months to develop a comprehensive inspection framework against which fire and rescue authorities will be inspected. The Secretary of State is required to agree both the inspection framework and programme. The first inspection will take place in early 2018 and every fire and rescue authority in England will be inspected thereafter with a report published on every inspection.
The provisions made by the Policing and Crime Act 2017 require the chief fire and rescue inspector for England to lay before Parliament an annual report on the inspections undertaken. This will include his assessment of the efficiency and effectiveness of fire and rescue authorities in England for the period in respect of which the report is prepared. The Home Secretary also has the ability to commission the inspectorate to inspect and report on any particular issue in addition to individual authority inspections.
[HCWS78]
(7 years, 5 months ago)
Written StatementsThe first meeting of EU Interior and Justice Ministers during the Estonian presidency took place on 6 and 7 July in Tallinn. I represented the UK for interior day and the Lord Chancellor and Secretary of State for Justice represented the UK for justice day.
Interior day began with a discussion on migration through the central Mediterranean following the joint French/German/Italian/Commission declaration on 3 July and subsequent publication of the “Action Plan on measures to support Italy, reduce pressure along the Central Mediterranean route and increase solidarity”. The UK agrees work must continue on strengthening the EU’s external borders and I joined other Ministers in expressing support for Italian efforts and for the measures proposed in the action plan.
Ministers then discussed possible developments in EU returns policy. I stressed the UK’s commitment to working with the EU and member states in this area and expressed support for the proposals, presented by the presidency, to focus efforts on linking asylum and returns processes, improving the processes for unfounded asylum claims, and ensuring quick returns following quick decisions.
Over lunch, Ministers discussed ways of safeguarding the EU’s internal security through co-operation with neighbours. The focus was on how to co-ordinate EU and member state activities in helping Ukraine to fight serious and organised crime, improve integrated border management, and counter hybrid threats in order to mitigate possible negative impacts of the security situation in Ukraine on the EU’s internal security. The UK recognises the concerns arising from Russia’s action in Ukraine and I endorsed proposals to step up action to tackle the threat, noting the conference being held in London on 6 July to galvanise international support for Ukraine’s reform process.
Interior day ended with a discussion on next steps on data sharing and interoperability of EU information systems, following the final report of a high-level expert group on data sharing, June JHA Council conclusions on this issue, and the latest security union update from the Commission. The Government support the aim of increasing interoperability of IT systems and ensuring better use of existing data. Member states agreed that interoperability should ultimately increase protection of data, not lessen it, but that clear rules on purpose, access and use were required.
Justice day began with an item on data retention. Ministers explored the implications of the Court of Justice of the European Union judgment in the TELE2/Watson case from December 2016, and the circumstances in which member states would still be able to require the retention of communications data. The Government have played a leading role in official-level discussions on the effects of the judgment. The Justice Secretary led support from Ministers for the continuation of these discussions as a way of carrying out a comprehensive assessment of different options for data retention. The presidency concluded that work will continue in the Friends of the Presidency group on all possible options.
On sale of goods, the presidency posed three questions: whether the rules on offline sales should be aligned with those for online; whether the digital content rules agreed under the Maltese presidency were a suitable model; and how to deal with “smart goods” with embedded digital content. The Justice Secretary said that alignment of rules is desirable for business, except in cases where there would be increased costs and in areas where it would lead to decreased consumer protection in the UK legal system. The Justice Secretary also noted that fragmentation of rules for “smart goods” is undesirable and an evidence-based approach is necessary given the novelty of the area. The presidency noted the apparent agreement of EU Ministers to align the rules on off- and online sales, and to do so along the lines of the digital content agreement. The Commission said that, in the interests of speed, it would not issue a new proposal to extend the scope of the measure. Rather, it would accept the changes to that end proposed by the Parliament and Council.
There was a discussion on e-justice over lunch. The Justice Secretary expressed the UK’s support for the proposal to entrust the management of e-codex—which allows judicial systems to “talk” to each other online—to EU-LISA, the agency which manages other large-scale JHA IT systems (such as SIS II), so long as EU-LISA would not be over-burdened and unable to focus on its existing workload. Robust cyber-security would also be necessary. EU Ministers spoke broadly in favour of the proposal, but the Commission will not propose a legal instrument yet.
The meeting finished with an exchange of views from member states on the question of whether the instrument on mutual recognition of freezing and confiscation orders should be a regulation or a directive. The UK has opted in to this proposal and is committed to working with other member states and EU agencies in identifying and recovering criminal assets. The Government are neutral on the question of the choice of instrument, but have no objection in principle to a regulation, as long as that regulation does not adversely impact on domestic processes for issuing such orders. Other member states remain split. The Justice Secretary, supported by other member states, also noted specific concerns about a proposed new type of asset-freezing order.
[HCWS60]