Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of whether Chapter VIII of Council Decision 2007/533/JHA will place police and border control checks conducted by UK authorities within the scope of EU law for the purposes of EU fundamental rights, if the UK connects to the Schengen Information System II.

A full impact assessment has been conducted on Council Decision 2007/533/JHA. Details of this assessment can be found in Command Paper 8897 published on 3 July 2014:

(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/326698/41670_Cm_8897_Accessible.pdf),


Chapter VIII of Council Decision 2007/533/JHA only requires the UK to notify the issuing Member State that the individual has come to our attention.

With regards to border control checks the UK does not participate in the border control elements of Schengen (including Regulation 1987/2006) and are not bound by those provisions.

Concerning police checks, Article 276 TFEU is clear that the Court of Justice shall have no jurisdiction to review the validity or proportionality of
operations carried out by the police or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security. This is further supported by Article 4(2) TFEU which explicitly states that issues relating to national security are the sole responsibility of the Member States.