3 Prevention, preparedness and response
to terrorist attacks
| (26076)
13978/04
COM(04) 698
| Commission Communication on prevention, preparedness and response to terrorist attacks
|
| Legal base | — |
| Document originated | 20 October 2004
|
| Deposited in Parliament | 2 November 2004
|
| Department | Home Office |
| Basis of consideration | EM of 21 December 2004
|
| Previous Committee Report | None; but see (26072) 13979/04: HC 38-v (2004-05), para 5 (26 January 2005)
|
| To be discussed in Council | No date set
|
| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
|
Background
3.1 On 18 June 2004, the European Council endorsed a plan of action
on combating terrorism. The plan of action identified a number
of priority issues, including the prevention of terrorist attacks
and management of their consequences, the protection of critical
infrastructures and the financing of terrorism. The Commission
has prepared Communications on each of these subjects, and the
present document is an introduction to and overview of the Commission's
work.
The Commission Communication
3.2 The Communication provides a brief introduction to the Action
Plan and goes on to discuss "civil society and the fight
against terrorism" on the basis of four themes. The first
is to defend fundamental rights against "violent radicalisation".
The Commission intends to contribute to this work by drawing on
the expertise of the European Monitoring Centre on Racism and
Xenophobia and on other experts and researchers. Secondly, the
Commission considers it necessary to engage in a "Public-Private
Security Dialogue". The Commission indicates that this should
not lead to the creation of new structures but "constitute
an opportunity for both sides to enter into a productive dialogue
on balancing Europe's security needs with the need not to disrupt
circulation of goods and services throughout Europe".
3.3 A third element of the Communication is consideration
of the victims of terrorism. The Commission explains that it
is implementing a pilot project agreed by the European Parliament
"to support the financing of projects intended to help the
victims to recover and to raise awareness of the public against
terrorist threat". The Commission also suggests that a mechanism
should be established "which would share the economic burden
of an event causing extreme damages, such as the World Trade Center
attacks in New York, among the entire European Union". The
Commission considers that "by exercising this solidarity,
each Member State will find it easier to cope with the aftermath
of an attack of such a magnitude".
3.4 Fourthly, the Commission indicates that it intends
to contribute to honouring the victims of the bomb attacks in
Madrid on 11 March 2004 by "helping to make this day a day
of civic and democratic debate on securing freedom", and
states that it is willing to contribute, with the Council, to
the "production of a Memorial Report to be addressed to the
European, National and other parliaments as well as European citizens
in general describing the measures taken by Europe between 11
March 2004 and 11 March 2005 and the respective state of implementation
at European and national level as well as the main challenges
which lay ahead".
3.5 The Communication then discusses the role of
Community policies in the fight against terrorism. It emphasises
the importance of integrating security objectives into Community
policies and anticipates the entry into force of the Constitutional
Treaty as follows:
"The draft Constitutional Treaty abolishes the
third pillar and, with few exceptions, mainstreams Justice and
Home Affairs within other Union policies. The Commission has acquired
considerable experience in the first pillar in the areas on which
the European Council of June has asked for its contribution. This
opens the way for a smooth institutional landing in the areas
where the Commission will, following the entry into force of the
Treaty, play its traditional policy preparation and execution
role. The Commission considers that consistency and effectiveness
in combating terrorism can only be achieved through bringing about
a better mainstreaming of police cooperation and judicial cooperation
into our overall polices."
3.6 As examples of "mainstreaming" the
Communication refers to work on incorporating security concerns
into external relations policy, including the provision of counter-terrorist
assistance to third countries, developing cultural dialogue with
the Islamic world, addressing the underlying factors of terrorism
and tackling the links between international organised crime and
terrorism.
3.7 Under the rubric, "Integrating European
and national systems", the Communication suggests that integration
and consolidation of rapid alert systems and civil protection
systems are required at European level , so as to provide, for
example "real time access by law enforcement and intelligence
services to financial institutions' databases of subjects and
transactions". The Communication also emphasises the need
for better communications with the public and states that the
Commission is working on a "user forum" made up of officials
in the field of public safety and emergency communications services.
3.8 In relation to law enforcement, the Communication
calls for Europol to host a law enforcement alert mechanism. In
the Commission's view, "Europol, Eurojust and other competent
authorities must have access to the most complete and up-to-date
information to ensure an effective fight against terrorist financing"
and "there should be an overriding readiness at national,
EU and international levels to exchange information relevant to
all terrorist offences, including participation in the activities
of a terrorist group through any form of financing".
3.9 The Communications also calls for efforts at
EU level to improve support for scientific and technological research,
suggesting an additional €1 billion per year for a European
Union Research Programme from 2007 onwards.
3.10 Finally, the Communication refers to work on
improving the security of firearms, explosives and bomb-making
equipment. The Communication states that the Commission is working
on this subject by means of staff working papers involving the
research community and other experts, Europol and manufacturers
of explosives and detonators so as to improve the traceability,
detection, storage and security of such items.
The Government's view
3.11 In her Explanatory Memorandum of 21 December
2004, the Parliamentary Under-Secretary of State (Caroline Flint)
comments on the Communication as follows:
"Much of the content of this introductory Communication
is uncontentious and is supported by the Government, notably the
radicalisation agenda and call for research and better understanding;
the drive to include the private sector; the call for enhanced
external cooperation; and the work on explosives.
"However, we are concerned that [the section],
concerning victims and an agreement to share the cost of any attack
, may be very difficult to negotiate given the difficulty of insuring
against the sort of attack in question. We will consider the Commission's
proposals with caution.
"The Government is not convinced of the need
for further alert systems on a 24/7 basis, or for the Law Enforcement
Network."
Conclusion
3.12 As the Minister explains, this Communication
is largely of an introductory nature. We think the Minister is
right to express caution about the proposal for an agreement to
share the cost of a terrorist attack causing substantial loss
such as occurred in New York in 2001, and we think this objective
is unrealistic.
3.13 We ask the Minister if she agrees with the
Commission about the need to finance pilot projects to "raise
awareness of the public against terrorist threat". We also
ask the Minister if she can explain how the victims of the Madrid
bombing in 2004 will be assisted by the publication of a Memorial
Report along the lines suggested by the Commission. This seems
to us to be an empty and bureaucratic gesture involving public
expenditure which could be better applied elsewhere.
3.14 We note the comments of the Commission about
its "smooth institutional landing" in the area of justice
and home affairs if and when the Constitutional Treaty comes into
force, and we ask the Minister if she agrees with the points the
Commission makes, notably the proposition that consistency and
effectiveness in combating terrorism can only be achieved by better
"mainstreaming" of police and judicial cooperation into
the Commission's overall policies.
3.15 We shall hold the document under scrutiny
pending the Minister's reply.
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