REQUESTS BY EUROPOL THAT MEMBER STATES
INITIATE INVESTIGATIONS
(21207)
7369/00
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Draft Council Recommendation to Member States in respect of
requests made by Europol to initiate investigations.
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| Legal base:
| Article 30 (2)(b); information; unanimity
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| |
| Deposited in Parliament:
| 12 May 2000 |
| Department: |
Home Office |
| Basis of consideration:
| EM of 12 May 2000
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| Previous Committee Report:
| None |
| To be discussed in Council:
| 29 May 2000 |
| Committee's assessment:
| Politically important
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| Committee's decision:
| Not cleared; further information requested
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Background
9.1 One of the recommendations of the Tampere
European Council (number 43) calls for joint investigative teams
to be set up "without delay". Given the slow progress
on adoption of the Convention on Mutual Assistance in Criminal
Matters[13]
(which includes provision for the establishment of such teams),
at the last Justice and Home Affairs Council the Presidency invited
the relevant Council working groups to consider the best way forward
to ensure the speedy implementation of the Tampere conclusion.
9.2 In this context, it is significant that
another Tampere recommendation (number 45) calls upon the Council
to authorise Europol to request Member States to initiate, conduct
or co-ordinate investigations or to create joint investigative
teams in certain areas of crime. According to a report in European
Voice[14],
the Presidency considers that an initiative
along these lines would "speed up the process without waiting
for the [Mutual Legal Assistance Convention] to be implemented".
The document
9.3 The draft Council Recommendation from
the Presidency exhorts Member States to deal with requests to
initiate or conduct investigations promptly, to inform Europol
of the outcome of investigations, and, where requests are declined,
to give reasons. It states that replies to requests by Europol
to conduct investigations should be forwarded through the "competent
authorities in the Member States in accordance with the rules
laid down in the Europol Convention and the relevant national
legislation."
The Government's view
9.4 The Minister of State at the Home Office
(Mrs Barbara Roche) tells us that there is no impediment to Europol
making such requests already, but that there is no obligation
on Member States to respond. She considers that the draft Council
Recommendation reflects good practice, and says that the Government
intends negotiating on the basis that it is acceptable subject
to minor drafting amendments.
Conclusion
9.5 While we can understand the frustration
caused by the slow progress of such measures as the draft Convention
on Mutual Assistance in Criminal Matters, we would like to know
a little more about this new proposal before we clear it.
9.6 First, we ask the Minister to confirm
that this is the "plan" referred to in European Voice
to find a way of implementing Tampere recommendation 43 quickly.
If it is, we ask why the document does not mention joint investigations
at all (although the EM does). We also ask whether any rôle
is envisaged for Europol other than as initiator of requests.
9.7 Further, we ask in what way the draft
Council Recommendation "reflects good practice", and
what kind of minor drafting amendments the Government wishes to
see made.
9.8 Finally, we ask for more detail regarding
the "competent authorities" and the "relevant national
legislation" in the UK.
9.9 We will maintain the scrutiny reserve
on this proposal until we have answers to these questions.
13 Our latest Report on which is HC 23-xiii (1999-2000),
paragraph 23 (5 April 2000). Back
14 European
Voice, Volume 6 no.18, 4
- 10 May 2000, page 5. Back
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