UK-EU security cooperation after Brexit Contents


1.In an increasingly interconnected world, EU Member States have sought ways to work together against cross-border threats, including organised crime, terrorism and cybercrime, through different agencies and cooperative measures. This report examines the UK’s interaction with those measures after Brexit, and the prospects for future security cooperation between the UK and the EU.

Background to our inquiry

2.Following the result of the referendum on the UK’s membership of the EU, our predecessor Committee took evidence on future UK-EU security cooperation from academics, the National Crime Agency (NCA), the National Police Chiefs’ Council (NPCC), the European Commissioner for Security Union, Sir Julian King, and the Director of Europol, Rob Wainwright. When the current Committee was appointed after the 2017 General Election, we agreed to continue this work, which forms one strand of our inquiry into the Home Office’s delivery of Brexit.

3.We have taken oral evidence from legal academics, the Information Commissioner and Deputy Information Commissioner, the Minister of State for Policing and the Fire Service, Rt Hon Nick Hurd MP, and the Home Office’s Europe Director, Shona Riach. Some written submissions have also been received. We are grateful to all those who contributed to this inquiry.

4.We have examined the implications of Brexit for UK law enforcement capabilities; potential obstacles to achieving the Government’s aims; data protection issues related to EU security cooperation; the future jurisdiction of the Court of Justice of the EU; and provisions for a ‘no deal’ scenario in policing and security, including the extent of the Government’s contingency planning to date.

5.This report focuses predominantly on the three most significant forms of security cooperation identified by witnesses: Europol, the European Arrest Warrant, and data- sharing measures. We offer our assessment of the value gained by the UK from these forms of cooperation, the UK’s aims in this area of the Brexit negotiations, models for ‘third country’ cooperation with the EU, and the impact of different end scenarios for the UK’s policing and security capabilities.

Published: 21 March 2018