Cross-border co-operation on policing, security and criminal justice after Brexit Contents

4Cross-border information sharing

Information sharing north-south

64.Cross-border policing co-operation is based on a close and productive working relationship between the PSNI and the Gardaí. However, we also heard that information sharing between UK and Irish law enforcement agencies had been supported by EU-level arrangements.156 The bilateral co-operation structures developed between UK and Irish crime agencies are therefore likely to become increasingly important following the UK’s loss of access to some EU level mechanisms for information sharing.

65.Policing and criminal justice co-operation has developed significantly since the signing of the Belfast/Good Friday Agreement in 1998.157 Before the Belfast/Good Friday Agreement, co-operation between the then Royal Ulster Constabulary (RUC) and An Garda Síochána was predicated on informal communication and personal contacts.158 In 1999, the Independent Commission on Policing, established by the Belfast/Good Friday Agreement, found policing co-operation on the island of Ireland was “more ad hoc and dependent on personal relationships” than other examples of transnational policing co-operation at the time, such as that between the Kent County Constabulary and neighbouring police services in France and Belgium.159 The Patten Report proposed the creation of more structured channels of co-operation between the PSNI and the Gardaí, many of which were implemented in the 2002 Agreement on Police Co-operation between the UK and Irish Governments.160 In more recent years, co-operation between the forces has evolved through the establishment of forums targeting cross-border criminality such as the Joint Agency Task Force, the Organised Crime Task Force, the Cross Border Policing Strategy, and the Annual Cross-Border Organised Crime Conference (see Chapter 6).161

66.Alongside the formalising of co-operation networks between UK and Irish law enforcement agencies, EU Justice and Home Affairs databases have been developed in the past 20 years to aid transnational co-operation. We heard that although cross-border policing on the island of Ireland hinges on well developed connections between the PSNI and Gardaí, the EU’s data protection framework has provided a basis for enabling efficient cross border co-operation on intelligence sharing.162 We also heard that UK law enforcement agencies’ previous access to EU information sharing mechanisms such as Passenger Name Records (PNR) data, the Prüm Decisions, ECRIS, SIS II, and Europol databases had been important in assisting cross-border policing co-operation on the island of Ireland(discussed further in this Chapter).163 Prior to the end of the transition period, Ireland was not connected to SIS II nor exchanging DNA profiles via Prüm with all States participating in the system.164 However, these information systems were utilised by the PSNI and other UK agencies operating in Northern Ireland to co-operate with partner agencies in other EU Member States. Dr Kramer and Dr Dickson told us that “there exist a number of bilateral co-operation measures and agreements that facilitate not only co-operation between the PSNI and AGS, but also more broadly between crime agencies in Ireland and the UK”.165 However, they added that “it should be emphasised though that these measures benefit from a common EU environment and in some circumstances, specific EU instruments”.166 Gemma Davies, Associate Professor, Northumbria University argued:

Whilst AGS [An Garda Síochána] and the PSNI have a close working relationship and have historically relied on informal co-operation it is easy to overlook the extent to which informal exchange of information has been superseded by access to EU databases.167

67.In January 2021, PSNI Assistant Chief Constable, Mark McEwan told us that the live sharing of information between the PSNI and the Gardaí had not been affected by the end of the transition period and the UK’s loss of access to certain EU security and justice databases.168 However, he caveated that it was still quite early to tell and that it would take time for any unintended consequences of the TCA to come to light.169 On the impact of the loss of SIS II on policing co-operation north-south, he explained:

Our partners in Ireland, which are, it is fair to say, our largest partners in that, did not avail of it [SIS II] previously, so we have arrangements on a north-south basis that are still flowing well, and we are content with that.170

68.The Assistant Chief Constable also informed us that the PSNI and the Gardaí were intensifying their existing co-operation to combat cross-border organised criminality and were “seeking to find ways to further solidify those arrangements and to become more effective”.171 He added that the two police services were conducting “constant monitoring and scanning to see what the opportunities are” for organised crime gangs, following the UK’s exit from the EU and changes in the statuses of borders within the Common Travel Area.172 Mark McEwan said that UK and Irish law enforcement agencies were undertaking these exercises to complement “our intelligence capacity and the ability to share information and intelligence with colleagues in the south”.173

69.Following the agreement of new mechanisms in the TCA to continue information sharing between UK and EU law enforcement agencies, UK and Irish law enforcement agencies are currently closely aligned in terms of the technological systems that they have access to in order to facilitate and underpin their intelligence sharing. However, there is a risk of divergence in this area if the UK does not keep pace with future developments of EU systems to improve the efficiency and breadth of information sharing. This is evident in Ireland’s recent connection to SIS II, at the same time as the UK lost access to the system following the end of the transition period. Dr Dickson and Dr Kramer have suggested that Ireland’s recent connection to SIS II indicates that UK and Irish law enforcement agencies are “moving in different directions” in terms of being plugged into real-time information sharing databases and that this needs consideration by Governments on both sides of the Irish Sea.174 They added:

There is no denying that both the UK and Ireland have a significant interest in quality cooperation with their respective counterparts. However, using this position as an indication that ‘it’ll all be alright on the night’ is short-sighted. A key focus going forward should be how the relationship between UK and Irish law enforcement agencies can be supported and underpinned by technological systems.175

70.Mark Larmour, Director, NIO informed the Committee that there were already a large number of cross-border mechanisms on the island of Ireland to facilitate the sharing of security and criminal justice-related information and said these were still working well following the end of the transition period.176 Mr Larmour commented that the timeliness of information sharing was being kept under review, “recognising that the context and the environment will change”.177 In March 2021, prior to Ireland’s joining SIS II, Minister Walker added that

With regards to SIS II, the EU took the position through negotiations that it was legally not possible for it to offer it to any country outside the Schengen area. The point about the arrangements we have in place is that they allow for exchange of information, and indeed that is the basis on which we have exchanged information with Ireland consistently, because it has not yet joined up to SIS II. That flow of information is continuing, and the key challenge going forward is to make sure that, as and when they do join SIS II, we continue to share information with them as effectively as possible. The goodwill is there to make sure that that information flows in both directions.178

71.We heard how security co-operation between the UK and EU has the potential to be dynamic following the agreement of the TCA.179 The Specialised Committee on Law Enforcement and Criminal Justice Co-operation provides a forum through which the UK could seek to develop existing co-operation with the EU in this area, as EU information sharing systems evolve. However, Professor Mitsilegas told the Committee that closer UK-EU co-operation on Justice and Home Affairs would require the UK to be cognisant of future development of the EU acquis.180 He added that the development of co-operation will be “contingent on some sort of common understanding as to the extent to which the UK will be seen to be compliant with the development of future EU legislation in the field”.181

72.Over the past two decades, the PSNI and the Gardaí have made great progress in developing co-operation mechanisms to tackle cross-border criminality on the island of Ireland. We are assured that this will continue after Brexit. The structures that have been built up to aid UK and Irish law enforcement agencies in their mutual aim of frustrating cross-border crime will become increasingly important now that the UK has left the EU and lost access to some EU security and justice databases. There is, though, a risk that the tools and systems used by UK law enforcement agencies for cross-border information sharing will fall behind those that Irish and other EU authorities have access to. We have heard that this is in part due to the European Union’s approach to granting third countries full access to such measures. There is also the risk in the future that any unilateral divergence may have an impact on information sharing. This could lead to an imbalance in capabilities between UK and Irish authorities and inadvertently hand criminals an opportunity to exploit these discrepancies. In doing so, the impact would be felt on the streets of Great Britain, as much as on the island of Ireland. The Government must use the Specialised Committee on Law Enforcement and Criminal Justice Co-operation to, where possible and cognisant of third country limitations, make the case for ongoing and organic alignment between the UK and EU in the development of information sharing systems.

Passenger Name Records

73.There are provisions in the TCA which facilitate the efficient exchange of Passenger Name Records (PNR) between UK and EU law enforcement agencies.182 The transfer of PNR assists law enforcement and crime agencies in the tracking of serious criminals.183

74.Professor Mitsilegas told us that the arrangements on the exchange of PNR data in the TCA were detailed and demonstrated a high level of ambition to continue close co-operation in this area between the UK and EU.184 Gemma Davies agreed that the provisions seemed adequate and that the agreement set out arrangements for the “timely and efficient exchange of passenger name records”.185

75.Paul Morgan CBE, Senior Director, Border Readiness Directorate, Border Force informed us that Border Force used PNR data when co-operating with Irish crime agencies to maintain the security of the Common Travel Area and to monitor movement of people who may pose a threat to it.186 He said that the exchange of PNR data was very useful in tracking cross-border criminality, adding that “it is a fundamental part of our analysis” in monitoring such activity.187

76.We are heartened to see an agreement providing for reciprocal transfers of Passenger Name Record (PNR) data. That agreement will help to protect people in Northern Ireland against serious crime and terrorism by allowing UK law enforcement agencies to exchange data on serious criminals with their counterparts in EU Member States as well as enabling UK and Irish law enforcement agencies to share relevant information.

Exchange of biometric data

77.Before the end of the transition period, UK law enforcement agencies exchanged biometric data through the Prüm Decisions, with Member States also participating in the Prüm system. Importantly, data were exchanged through an automated system providing for the efficient sharing of such information. Before the reaching of the TCA, PSNI Chief Constable Simon Byrne cautioned that “any interruption to that would have a consequence”.188

78.The Government and the EU subsequently negotiated new arrangements to continue the exchange of biometric data after the UK’s departure from the EU. The Law Enforcement and Judicial Co-operation in Criminal Matters chapter in the TCA sets out the objective to establish “reciprocal cooperation between the competent law enforcement authorities of the United Kingdom, on the one side, and the Member States, on the other side, on the automated transfer of DNA profiles, dactyloscopic data and certain domestic vehicle registration data”.189

79.Professor Mitsilegas suggested that the arrangements for the sharing of biometric data showed a high level of ambition between the UK and EU to continue the close co-operation that has developed in this area.190 Whilst, Gemma Davies noted that the provisions for the sharing of DNA and fingerprints in the TCA were very similar to arrangements in the Prüm decisions.191 However, Dr Dickson and Dr Kramer warned that it was “a matter of urgency” that the procedures for sharing biometric data between UK and EU law enforcement agencies are developed and trialled as the agreement contains “a requirement for a pilot be run, an evaluation carried out, and for the UK to meet certain conditions” within a time limit of nine months.192

80.The Government has outlined its view that the TCA provides “for the fast and effective exchange of national DNA, fingerprint and vehicle registration data between the UK and individual EU Member States to aid law enforcement agencies in investigating crime and terrorism”.193 It added “DNA and fingerprint data will continue to be exchanged through the Prüm system and the Agreement enables the exchange of vehicle registration data in the future”.194

81.It is positive that the Government has negotiated successfully an agreement with the EU to provide for reciprocal access to biometric data (and in the future vehicle registration data) of suspected criminals. That will help UK law enforcement agencies and law enforcement agencies in connected EU Member States to identify terrorists and organised criminals. The Government should set out if, and how, it plans to use these arrangements to co-operate on sharing biometric data with Ireland in particular.

Operational information exchange

82.The TCA establishes that operational information can continue to be exchanged between UK and EU law enforcement agencies.195 The agreement allows the UK to request information from EU Member States and also enables EU Member States to send information to the UK spontaneously.196 Furthermore, UK and EU Member States can enter into bilateral agreements covering the exchange of operational information, providing such agreements are compliant with European Union law.197

83.Before the end of the transition period, UK law enforcement agencies utilised databases such as SIS II and the Europol Information System to share operational information in real-time with partner agencies in EU countries.198 Contributors to our inquiry suggested that while the agreement allows for the continuation of operational information exchange, it does not address how such intelligence sharing can continue as efficiently as when the UK had access to SIS II.199 We heard how relying on Interpol channels as a replacement for loss of access to SIS II could run the risk of delay in the UK receiving operational information as these channels are slower.200

84.Despite a lack of clarity as to how operational information exchange can continue at speed on a Europe-wide basis, we heard that the agreement reached does not impede on UK and Irish law enforcement agencies continuing to exchange operational information through bilateral mechanisms that they have developed. As outlined in the previous Chapter, before 15 March 2021 Ireland was not connected to the SIS II database, so bilateral co-operation in this area on the island of Ireland has to a large extent developed outside of EU fora.201 PSNI Assistant Chief Constable, Mark McEwan informed us that because of this, “we [the PSNI and the Gardaí] had our mechanisms to exchange information and we still exchange information daily at an operational level. We have really good contact and radio communications north and south”.202

85.Dr Dickson and Dr Kramer have suggested that a key focus following the UK’s exit from the EU should be on “how the relationship between UK and Irish law enforcement agencies can be supported and underpinned by technological systems”.203 They argued:

The use and reliance on data systems in law enforcement is increasing and working with Ireland as a close strategic partner to ensure cooperation is keeping pace with technological advances and opportunities should be explored.204

The UK-Irish Criminal Justice Co-operation Network and Gemma Davies proposed that the efficiency of co-operation on operational information would be enhanced if there were a co-located centre for cross-border investigation.205 The PSNI also suggested the establishment of a bespoke centre of excellence could enhance operational capability (see Chapter 6).206

86.Robin Walker told us that bilateral arrangements covering the exchange of information north-south were working well. He said that the Government, recognising the role of the NI Department of Justice in this area, would continue to have discussions with the Irish Government about how to develop information sharing mechanisms.207 Minister Walker outlined that the Government intended to make use of the provision in the TCA to enter into bilateral agreements covering the exchange of operational information with Ireland:

We intend to use the bilateral opportunity as set out in the TCA itself to go further still and work to enhance the excellent agreements we have in place, but we have not yet seen any problems that require early intervention in that respect. It is more about looking at what the long-term opportunities are to go even further.208

87.The PSNI and the Gardaí have developed bilateral mechanisms for sharing operational policing information. The Trade and Co-operation Agreement does not appear to impede the continuing exchange of operational information between UK and Irish law enforcement agencies, but both countries should be ambitious and build on the arrangements already in place. The Government must set out how it plans to support the development of existing bilateral mechanisms for the exchange of operational policing information between UK and Irish law enforcement agencies in line with technological advances to ensure that operational information exchange is as efficient as possible.

European Criminal Records Information System (ECRIS)

88.Co-operation between UK, Irish and other EU law enforcement agencies on the exchange of criminal records previously took place through the European Criminal Records Information System (ECRIS). The UK was one of the most active users of ECRIS, the pan-EU database that facilitates the standardised electronic exchange of criminal records between EU Member States.209 Before the end of the transition period, both the PSNI and the Northern Ireland Justice Minister discussed the effect a loss of access to ECRIS could have had for policing, security and criminal justice co-operation with partner agencies in the EU.210 During our inquiry, we heard that a “quick and reliable method of assessing criminal records is needed” to police the open border between Northern Ireland and Ireland.211

89.On 1 January 2021, the UK lost access to ECRIS but the TCA outlines that EU Member States can still use ECRIS technical infrastructure to co-operate with the UK on the exchange of criminal record data.212 The UK is now using the United Kingdom’s Criminal Records Information System (UK-CRIS) to connect with Member States’ software and exchange criminal record data.213 Gemma Davies told us that as a result “the disruption to criminal record exchange should be minimal”.214 PSNI Assistant Chief Constable, Mark McEwan informed us that:

The move from ECRIS to UK-CRIS has been very important for us in terms of accessing records, particularly around vetting and child safeguarding, for example. Those things are of real import for us, as they are for the UK as a whole, but particularly in terms of the north-south ambit, where people in Northern Ireland and Ireland live their lives in a cohesive manner on both sides of the border, for example. That has been useful for us and we have not experienced any issues with that at this point.215

90.Gemma Davies also told us that there are “some minor changes” between ECRIS and the replacement measures agreed for the sharing of criminal record data.216 The new provisions do not include the exchange of information on convictions of third-country nationals.217 Communication of a conviction handed down in a state is communicated to the state of the convicted person’s nationality once per month rather than ‘as soon as possible’ under ECRIS provisions.218 The new arrangements also set a time limit of 20 working days for responses to a request for information, if for the purpose of criminal proceedings.219 Under ECRIS, the time limit was 10 days.220 The PSNI informed us that the average timeframe for criminal record requests received through ECRIS was between 8 and 10 days.221

91.The provision of time limits in the Trade and Co-operation Agreement is welcome. If a deal had not been agreed on future UK-EU security partnership working, UK law enforcement agencies would have had to rely on the 1959 European Convention on Mutual Assistance in Criminal Matters to exchange criminal records with their counterparts in the EU. In a letter to the House of Commons Home Affairs Committee, the NCA stated that while ECRIS “provides standardised, electronic exchange of criminal records with set timeframes for requests”, the 1959 European Convention on Mutual Assistance in Criminal Matters “does not impose timescales”.222

92.Gemma Davies raised concerns that the 20-day time limit under the TCA, as opposed to the 10-day limit under ECRIS, could negatively affect co-operation between UK and Irish law enforcement agencies. She cautioned that “20 days might not seem a great difference from 10 days, but in many operational cases it would be. It means that police officers can try to speed up that process in cases that are fast moving or very important.”223 Gemma Davies added that the UK and Ireland could agree shorter time limits bilaterally if needed and “would be able to work together to agree closer time limits to ensure that criminal records are shared as quickly as possible, bearing in mind the border”.224

93.When questioned on this issue, Minister Walker said that the 20-day limit “is an upper limit rather than necessarily a delineation of what has been achieved to date”.225 He said that the average timeframe for the exchange of criminal record data across EU Member States was “about six days” but that the UK and Ireland had exchanged criminal record data much faster than this timeframe.226 Minister Walker said that there had been no change to this following the end of the transition period, explaining

The fact that the agreement provides for access to shared technical infrastructure that allows the UK to continue to exchange data through a secure electronic transfer mechanism means that we can continue to use the same forms and processes that we used before the end of the transition period, and that should carry on delivering better outcomes than that 20-day upper limit in all our exchanges.227

He added that if the Government did encounter a problem with the current efficient exchange of criminal record data with Ireland, “we might be able to look at whether we needed to pursue a bilateral discussion on that, but we have not come across any problems to date”.228

94.The establishment of UK-CRIS to replace the UK’s participation in the European Criminal Records Information System (ECRIS) is welcome. Effective policing of the open border on the island of Ireland is assisted by efficient and reliable assessment of criminal records. The 20-day time limit included in the Trade and Co-operation Agreement is an improvement on the 1959 Convention on Mutual Legal Assistance in Criminal Matters which the UK and EU would have had to rely upon if no agreement on security had been reached. However, it is not as strict as the 10-day time limit that is in place under ECRIS. The Government must work with the Irish Government to ensure that criminal record data requested for the purposes of criminal proceedings continues to be exchanged as quickly as possible between UK and Irish law enforcement agencies, aiming for the shorter time limits as set out when using ECRIS rather than the 20-day time limit set out in the Trade and Co-operation Agreement; and reporting on its performance against those limits.

Europol

95.Europol is the EU’s law enforcement agency. The EU-wide agency offers support for law enforcement operations on the ground aimed at preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States.229 It also provides a hub for information through databases such as the Europol Information System, which contains information on criminal actors across the EU, and the Secure Information Exchange Network Application (SIENA), which facilitates the secure and swift transmission of sensitive and restricted data between law enforcement agencies.230

96.The UK lost full membership of Europol when the transition period ended on 31 December 2020, because only EU Member States are permitted full access to the Agency.231 The UK has also lost access to the Europol Information System and will not have any role in the governance of the Agency.232 However, under the new arrangements the UK will continue to have access to the Secure Information Exchange Network Application (SIENA), a communication platform for the exchange of operational and strategic crime-related information.233 The UK will also be able to second liaison officers to Europol and they will be able to attend operational meetings.234

97.Before the reaching of the TCA, Dr Kramer and Dr Dickson commented that Europol was crucial in providing UK law enforcement agencies with a developing picture of serious crime and terrorism threats across Europe.235 They warned that UK law enforcement authorities might have to rely on Irish law enforcement agencies to engage in longer-term crime analysis, following loss of full membership to the Agency.236 They told us that a lack of full access to Europol could have “significant operational” effects on UK law enforcement agencies’ ability to co-operate effectively with partner agencies.237

98.Following the negotiation of the TCA, Steve Rodhouse, Director General of Operations, National Crime Agency told us that “in reality, the EU exit deal that has been struck tactically changes very little in our relationship with Europol”.238 Mr Rodhouse pointed to the ability of UK law enforcement agencies to have access to “a lot of the messaging systems”, and for the UK liaison bureau to continue to remain in The Hague, as positive aspects of the deal.239 He said that the loss of access to the Europol Information System should have a minimal impact as

the system effectively signposts where other intelligence is held, and we will be able to have inquiries done on our behalf and then follow up on them, so we are confident that we will not be losing access to signposts on where data and intelligence are held.240

In light of the UK’s loss of its seat on Europol’s management board, Mr Rodhouse added that crime agencies would have to work hard to ensure that the UK still had the same influence in Europol, so that the agency continues to place its attention “on the crime threats that matter to the UK”.241

99.Contributors to the inquiry noted that the precise nature of the UK’s relationship with Europol remains to be outlined. Dr Dickson and Dr Kramer remarked that “the UK’s future relationship with Europol is left open-ended” in the TCA.242 Gemma Davies concurred that “the extent of the relationship is not yet fleshed out”, pointing to provisions in the TCA for the UK and Europol to agree “working arrangements” for future UK co-operation with the agency.243 Professor Valsamis Mitsilegas told us that he read the agreement as trying to achieve as much as possible in terms of the UK’s involvement with Europol within the confines of its status as a third country.244 He added:

This will have to be ironed out in the future by bodies such as the specialised committee envisaged by the agreement, where it brings experts from both the EU and the UK to work out the functioning, monitoring and implementation of the agreement. Any complex questions in the future will come to this committee to examine.245

100.Contributors to our inquiry also told us that UK law enforcement agencies’ involvement in Joint Investigation Teams (JITs) was an area of co-operation between the UK and EU that required further development.246 JITs are an international co-operation tool based on agreements between agencies in two or more States to carry out criminal investigations in one or more of the involved States.247 Europol and Eurojust can help to facilitate the establishment and work of JITs and since 2009, Eurojust has also provided funding to JITs.248 Under provisions in the TCA, the UK will still be able to participate in JITs with law enforcement agencies in EU Member States but these will be governed by European Union law.249 We heard that the extent to which UK law enforcement agencies could be involved in JITs that are facilitated by Europol and Eurojust was unclear in the agreement.250 Academics also cautioned that there was still a debate over whether UK law enforcement agencies could initiate JITs supported by EU Agencies as a third country.251

101.PSNI Assistant Chief Constable, Mark McEwan told us that the PSNI could still be involved in JITs facilitated by Europol and Eurojust following the agreement of the TCA but that it could not now instigate the establishment of such JITs or request funding for them.252 However, Mr Rodhouse informed us that UK agencies had been “operating in joint investigation teams outside of EU measures for some time” using Council of Europe measures and that UK agencies will still be able to initiate JITs under these measures.253

102.Minister Walker told us that the UK’s relationship with Europol negotiated in the TCA reflected the “scale of our contribution to the work of the agency in the past”.254 He said that the TCA enabled UK law enforcement agencies effective co-operation with the Agency, noting that the arrangements provided for

the presence of UK liaison officers in Europol headquarters, access to Europol’s secure messaging system, the ability to attend and organise operational and other meetings at Europol, the ability to contribute to Europol’s analysis projects in order to benefit from the agency’s co-ordination and analytical functions, and the fast and effective exchange of data...It enables continued effective co-operation with the agency to protect shared capabilities by providing that the UK can second a liaison prosecutor and up to five assistants to make up the UK presence at Eurojust headquarters, which is three times the third-country precedent and reflects the UK’s substantial contribution and workload.255

103.UK law enforcement agencies will continue to have access to Europol through the third-country arrangement negotiated in the Trade and Co-operation Agreement. Access to Europol is important for law enforcement agencies when co-ordinating Europe-wide investigations, particularly when more than two countries are involved in an operation. However, the loss of full membership of Europol reduces, but does not eliminate, the ability of the UK to shape the future development of the organisation through its management board. There is clear benefit in the Government advancing proactively the case for the UK’s involvement in Europol through the Specialised Committee on Law Enforcement and Criminal Justice Co-operation.

156 See: Dr Amanda Kramer and Dr Rachael Dickson (CBC0009); Colin Murray & Dr Clare Rice (CBC0010); Gemma Davies (CBC0012).

157 Kramer, A., Dickson, R. & Pues, A., Evolving Justice Arrangements Post-Brexit, August 2019, p. 49–57

158 Kramer, A., Dickson, R. & Pues, A., Evolving Justice Arrangements Post-Brexit, August 2019, p. 49–57

161 See: Police Service of Northern Ireland (CBC0004); UK-Irish Criminal Justice Co-operation Network (CBC0005); Kramer, A., Dickson, R. & Pues, A., Evolving Justice Arrangements Post-Brexit, August 2019; Colin Murray & Dr Clare Rice (CBC0010).

162 Colin Murray & Dr Clare Rice (CBC0010).

163 See: Police Service of Northern Ireland (CBC0004); UK-Irish Criminal Justice Co-operation Network (CBC0005); Colin Murray & Dr Clare Rice (CBC0010).

164 See: Oral evidence taken before the House of Lords EU Security and Justice Sub-Committee on 17 November 2020, Q45 [Dr Vicky Conway]; Kramer, A., Dickson, R. & Pues, A., Evolving Justice Arrangements Post-Brexit, August 2019, p. 62.

165 Dr Amanda Kramer and Dr Rachael Dickson (CBC0009)

166 Dr Amanda Kramer and Dr Rachael Dickson (CBC0009)

167 Gemma Davies (CBC0012)

168 Q269 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

169 Q269 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

170 Q268 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

171 Q270 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

172 Q270 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

173 Q270 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

174 Dr Rachael Dickson and Dr Amanda Kramer (CBC0014)

175 Dr Rachael Dickson and Dr Amanda Kramer (CBC0014)

176 Q356 (Mark Larmour, Director, Northern Ireland Office)

177 Q356 (Mark Larmour, Director, Northern Ireland Office)

178 Q357 (Robin Walker MP, Minister of State, Northern Ireland Office)

179 Q216 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London)

180 Q216 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London)

181 Q216 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London)

183 Q334 (Paul Morgan CBE, Senior Director, Border Readiness Directorate, Border Force)

184 Q215 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London)

185 Q232 (Gemma Davies, Associate Professor, Northumbria Law School, Northumbria University)

186 Q334 (Paul Morgan CBE, Senior Director, Border Readiness Directorate, Border Force)

187 Q334 (Paul Morgan CBE, Senior Director, Border Readiness Directorate, Border Force)

188 Q65 (Simon Byrne, Chief Constable, Police Service of Northern Ireland)

190 Q215 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London)

191 Q232 (Gemma Davies, Associate Professor, Northumbria Law School, Northumbria University)

192 Dr Rachael Dickson and Dr Amanda Kramer (CBC0014)

193 HM Government, UK-EU TRADE AND COOPERATION AGREEMENT Summary Explainer, Part Three: Law Enforcement and Judicial Cooperation in Criminal Matters, December 2020, p.26

194 HM Government, UK-EU TRADE AND COOPERATION AGREEMENT Summary Explainer, Part Three: Law Enforcement and Judicial Cooperation in Criminal Matters, December 2020, p.26

196 Dr Rachael Dickson and Dr Amanda Kramer (CBC0014), see also: Article LAW.OPCO.1: Cooperation on Operational Information, HM Government, Trade and cooperation agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, 24 December 2020

198 See: Gemma Davies (CBC0015); Oral evidence taken before the House of Lords EU Security and Justice Sub-Committee on 3 November 2020, Q1–3 [Sir Rob Wainwright]

199 See: Dr Rachael Dickson and Dr Amanda Kramer (CBC0014); Gemma Davies (CBC0015)

200 Dr Rachael Dickson and Dr Amanda Kramer (CBC0014)

201 Q257 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

202 Q257 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

203 Dr Rachael Dickson and Dr Amanda Kramer (CBC0014)

204 Dr Rachael Dickson and Dr Amanda Kramer (CBC0014)

205 UK-Irish Criminal Justice Co-operation Network (CBC0005); Gemma Davies (CBC0015)

206 Police Service of Northern Ireland (CBC0004)

207 Q351 (Robin Walker MP, Minister of State, Northern Ireland Office)

208 Q364 (Robin Walker MP, Minister of State, Northern Ireland Office)

210 See: Police Service of Northern Ireland (CBC0004); Northern Ireland Assembly, Official Report, 22 September 2020, p. 30

211 UK-Irish Criminal Justice Co-operation Network (CBC0005)

212 See: ANNEX LAW-6: EXCHANGE OF CRIMINAL RECORD INFORMATION – TECHNICAL AND PROCEDURAL SPECIFICATION, HM Government, Trade and cooperation agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, 24 December 2020; Gemma Davies (CBC0015)

213 Gemma Davies (CBC0015); Q268 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

214 Gemma Davies (CBC0015)

215 Q268 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

216 Gemma Davies (CBC0015)

217 Gemma Davies (CBC0015)

218 Gemma Davies (CBC0015)

220 Q232 (Gemma Davies, Associate Professor, Northumbria Law School, Northumbria University)

221 Police Service of Northern Ireland (CBC0016)

223 Q245 (Gemma Davies, Associate Professor, Northumbria Law School, Northumbria University)

224 Q245 (Gemma Davies, Associate Professor, Northumbria Law School, Northumbria University); see also: Gemma Davies (CBC0015)

225 Q365 (Robin Walker MP, Minister of State, Northern Ireland Office)

226 Q365 (Robin Walker MP, Minister of State, Northern Ireland Office)

227 Q365 (Robin Walker MP, Minister of State, Northern Ireland Office)

228 Q365 (Robin Walker MP, Minister of State, Northern Ireland Office)

230 See: Northern Ireland Human Rights Commission (CBC0002); Dr Amanda Kramer and Dr Rachael Dickson (CBC0009); Europol, Information Exchange.

231 See: Dr Amanda Kramer and Dr Rachael Dickson (CBC0009); Colin Murray & Dr Clare Rice (CBC0010).

232 European Commission, Questions & Answers: EU-UK Trade and Cooperation Agreement, 24 December 2020

233 Q254 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

234 Gemma Davies (CBC0015)

235 Dr Amanda Kramer and Dr Rachael Dickson (CBC0009)

236 Dr Amanda Kramer and Dr Rachael Dickson (CBC0009)

237 Dr Amanda Kramer and Dr Rachael Dickson (CBC0009)

238 Q343 (Steve Rodhouse, Director General of Operations, National Crime Agency)

239 Q343 (Steve Rodhouse, Director General of Operations, National Crime Agency)

240 Q343 (Steve Rodhouse, Director General of Operations, National Crime Agency)

241 Q343 (Steve Rodhouse, Director General of Operations, National Crime Agency)

242 Dr Rachael Dickson and Dr Amanda Kramer (CBC0014)

244 Q222 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London)

245 Q222 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London)

246 Q248 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London); Q248 (Colin Murray, Reader in Public Law, Newcastle Law School, Newcastle University)

248 Eurojust is the EU’s Criminal Justice Co-operation Agency. See: Eurojust, Joint investigation teams; Europol, JOINT INVESTIGATION TEAMS - JITS

249 Q248 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London)

250 See: Q248; Gemma Davies (CBC0015)

251 Q248 (Professor Valsamis Mitsilegas, School of Law, Queen Mary University of London); Q248 (Colin Murray, Reader in Public Law, Newcastle Law School, Newcastle University)

252 See: Q288–291 (Mark McEwan, Assistant Chief Constable, Police Service of Northern Ireland)

253 Q344 (Steve Rodhouse, Director General of Operations, National Crime Agency)

254 Q385 (Robin Walker MP, Minister of State, Northern Ireland Office)

255 Q385 (Robin Walker MP, Minister of State, Northern Ireland Office)




Published: 28 April 2021 Site information    Accessibility statement