Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 September 2014, to Question 207060, whether UK police would be able to avoid arresting persons pursuant to an Article 26 alert under Council Decision 2007/533/JHA on grounds of lack of proportionality, should the UK connect to the Schengen Information System II, given the provisions of Article 25 of that Decision requiring a decision not to arrest to be taken by a judicial authority.

Council Decision 2007/533/JHA is legislative basis for governing the second generation of the Schengen Information System (SIS II) for the purposes of police and judicial co-operation in criminal matters.

In line with Article 25(2) of Council Decision 2007/533/JHA, the National Crime Agency has the authority to refuse to validate Article 26 alerts on
proportionality grounds where a general instruction has been issued. This means that UK police officers will not arrest people subject to an Article 26 alert where there is a lack of proportionality.

Concerning Article 34 alerts, under Article 35 the UK authorities are not required actively to ascertain the place of residence or domicile of relevant persons, only to communicate such information. Clearly, if they do not hold such information it cannot be communicated. However, if there is supporting information that justifies activity to ascertain proactively the place of residence or domicile of relevant persons action will be taken by UK authorities.