Justice and Home Affairs: Pre-Council Statement

Baroness May of Maidenhead Excerpts

Thursday 5th March 2015 Written Statements

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

The Justice and Home Affairs (JHA) Council will be held on 12 and 13 March in Brussels. My hon. Friend the Minister of State for Civil Justice and Legal Policy (Lord Faulks QC) and I will attend on behalf of the United Kingdom. As the provisional agenda stands, the following items will be discussed.

The Interior session on 12 March will begin in mixed Committee with Norway, Iceland, Liechtenstein and Switzerland (non-EU Schengen States). The Council will discuss migration in the context of ongoing migratory pressures on member states and further deaths in the Mediterranean following the recent unseasonal increase in sea crossings. This discussion will also anticipate the Commission’s forthcoming proposals on a new ‘European Agenda on Migration’. The Government have offered their broad support for the Commission’s intention to pursue a more coherent and co-ordinated approach to work with key countries of origin and transit, and to better linking action ‘upstream’ to migration and asylum policies within the EU. Any new agenda should maintain the approach set out in the October JHA Council’s conclusions on migratory pressures, including maintaining the EU’s focus on work upstream and ensuring that all member states meet their responsibilities regarding migration, asylum and border management.

The presidency has tabled an item on Bulgarian and Romanian accession to Schengen, at the request of Romania and Bulgaria, who are seeking to finalise their accession to the borders aspects of the Schengen acquis—which does not affect the UK—and then lower border controls with their EU neighbours. However, accession remains blocked by a number of the member states concerned. The presidency may well withdraw it from the agenda (as they did in October and December). As this currently concerns only borders elements of Schengen, the UK does not have a vote.

Greece has asked for the Greek action plan on asylum and migration to be placed on the agenda. The UK has worked closely with Greece over the last five years, both bilaterally and through the EU European Asylum Support Office, to help build its asylum and border security capacity to make it harder for illegal immigrants to enter the EU; and ensure that if they do get into Greece, a viable asylum system exists so they are more likely to remain there than move on. Much progress has been made but momentum needs to be maintained, both to ensure that Greece continues building an effective asylum and border control system, and that ultimately Dublin returns may resume to that country.

During the main Interior meeting the Council will discuss counter terrorism where the presidency intends to agree a “road map” for the implementation of measures agreed at January’s informal JHA Council in Riga and at the recent European Council. The EU Counter Terrorism Co-ordinator, Gilles de Kerchove, is pressing for this to focus on the possible amendment to the Schengen borders code (to allow routine checks on EEA nationals entering the Schengen area), firearms and internet referrals. The UK will push again for progress on intra-EEA PNR and press for more effective information exchange, in order to counter the opportunities that free movement within the EU provides to terrorists.

Justice day will begin with the Latvian presidency seeking a partial general approach on chapters II, VI and VII of the proposed data protection regulation. Chapter II deals with the key principles underpinning the instrument, including the conditions for using consent as a legal basis for data processing. Chapters VI and VII provide for the so-called “One-Stop-Shop” which seeks to provide a streamlined regulatory framework where business and citizens only have to deal with one data protection authority with the greater legal certainty that provides. The presidency’s overarching ambition remains to secure a general approach at the June Justice and Home Affairs Council on this file. The Government remain committed to seeing a proportionate regulation which balances the rights of individuals and the legitimate needs of private and public sector organisations to process personal data.

There will be a discussion on the European Public Prosecutor’s Office (EPPO) proposal. We expect debate to centre on structural and related internal issues. While the UK plays an active role in the negotiations in order to shape and protect our position as a non-participating member state, we do not anticipate a need to intervene on these internal matters.

The presidency will present a general approach in relation to the directive on Legal Aid. This proposal aims to establish common rules to ensure that any persons suspected or accused of a crime, whose liberty is being deprived at the early stage of proceedings, have immediate access to legal aid. During negotiations, the Council has considered questions around the scope of the directive. The UK has not opted in to this proposal though it monitors negotiations.

The presidency will present a general approach in relation to the Commission’s proposal to reform Eurojust, covering the whole text of the proposal with all references to the European Public Prosecutor’s Office (EPPO) removed. Given that Eurojust’s relationship with the EPPO is not covered in the revised text, it is impossible to take a definitive view on items such as governance arrangements. However, the presidency’s general approach text is broadly positive from a UK perspective. One of our key concerns was to ensure that member states are not obliged to give additional powers to their National members. It should also be noted that, even if a general approach is agreed (as per the presidency’s plan), there is no guarantee that the European Parliament will be in a position to start trilogue negotiations immediately given it has been slower than the Council in dealing with the file.

The presidency will then seek a partial general approach on the proposed regulation on promoting the free movement of citizens and businesses by simplifying the acceptance of certain public documents in the EU. This will cover the chapters which deal with the abolition of apostilles, use of the internal market information (IMI) online system and rationalisation of certified copies, translations and administrative co-operation between member states through an online system. It will exclude the chapter and articles on multilingual forms. A political declaration to guard against the EU being given exclusive external competence on areas covered by this regulation is also expected to be presented at the meeting.

Over lunch, the presidency proposes a discussion on tackling radicalisation in prisons, an area where the UK can offer to share best practice to other member states.

[HCWS351]