DRAFT EXPLANATORY REPORT ON THE CONVENTION
ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
(a)
(21466)
10064/00
(b)
(21666)
11186/00
|
Draft explanatory report on the Convention on mutual assistance in
criminal matters between the Member States of the European Union.
Draft explanatory report on the Convention on mutual assistance in
criminal matters between the Member States of the European Union.
|
| Legal base:
| — |
| |
| Document originated:
| (a) 5 July 2000
(b) 12 September 2000
|
| Deposited in Parliament:
| (a) 27 July 2000
(b) 13 October 2000
|
| Department: |
Home Office |
| Basis of consideration:
| (a) EM of 3 October 2000
(b) EM of 24 October 2000
|
| Previous Committee Report:
| None, but see (21233) 7846/00; HC 23-xix (1999-2000), paragraph 14 (24 May 2000)
|
| To be discussed in Council:
| 1 December 2000 |
| Committee's assessment:
| Politically important |
| Committee's decision:
| (Both) Cleared |
Background
32.1 When we cleared the Convention on mutual
assistance in criminal matters[104]
in May, we asked to see the Explanatory Report once it had been
produced. The Minister of State at the Home Office (Mrs Barbara
Roche) has now deposited two versions of the report, together
with detailed Explanatory Memoranda. We concentrate below on document
(b), since it supersedes document (a).
The Explanatory Report and the Government's view
32.2 The report runs to over 50 pages and
covers all the Articles in the Convention. It includes explanatory
footnotes from earlier drafts.
32.3 The Minister comments:
"The Explanatory Report
is not a legally binding document. It is intended to assist practitioners
when applying the Convention on Mutual Assistance in Criminal
Matters. As such, it provides background to the political agreement
set out in the Convention, and gives further clarity to the terms
of the Convention".
32.4 She explains that, as it is not a legally
binding text, the final version of the Explanatory Report will
be noted (rather than adopted) by the JHA Council at the end of
November.
Conclusion
32.5 We thank the Minister for the Explanatory
Memoranda, which helpfully set out the differences between the
documents.
32.6 As negotiations progressed, the
Explanatory Report was mentioned increasingly often as the place
where coded phrases would be defined and complex processes clarified.
It was perhaps inevitable that the final version would be disappointing.
While it is undoubtedly intended, in the Minister's words, to
give "further clarity to the terms of the Convention",
it is too long and detailed to do so consistently. In particular,
and unsurprisingly, it fails to make Title III: Interception
of telecommunications a transparent set of Articles. Moreover,
it does not tackle some of the grey areas identified by us and
by our sister Committee in the House of Lords, such as the liability
of Europol officials participating in joint investigative teams.
32.7 However, as the documents are not
legally binding, we clear them.
104 (21233) 7846/00; see headnotes to this paragraph. Back
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