§ Mr. HoodTo ask the Secretary of State for the Home Department what the outcome was of the Justice and Home Affairs Council held in Brussels on 28 September; and if he will make a statement. [136031]
§ Mr. StrawNigel Sheinwald, the United Kingdom's Permanent Representative to the European Union, represented the United Kingdom at the 28 September Council. The main matters dealt with at the meeting were as follows
The list of A points was adopted in full, except items on the Schengen Information System, Sirene, on which one member state maintained a Parliamentary Scrutiny Reserve, and on minimum standards for the security of passports.Common Visa List:
420WThe Council agreed to a mechanism for deferring the entry into force of a visa exemption for certain third countries.Further discussion would take place in Committee of Permanent Representives (COREPER) and the European Parliament would be reconsulted. This is a measure in respect of which the United Kingdom has not sought to opt in.Europol: money laundering:
Political agreement was reached on extending the Europol Convention to cover all money laundering and the accompanying Council declaration on predicate offences, subject to consideration of the European Parliament's Opinion. This would formally be adopted at the Council's meeting on 30 November.Commission Proposal for a draft Council Directive on minimum standards on asylum procedures:
The Commission presented this proposal as its first response to the call by the Tampere European Council in October 1999 to create a common European asylum system. The proposal set out minimum procedural guarantees to ensure that member states could process cases quickly and fairly at a national level and that secondary movements of asylum seekers were avoided. Common standards and time limits would assist in dismissing inadmissible and unfounded cases. Member states gave a general welcome to the proposal, which was remitted to the Asylum Working Group for further consideration.Reception conditions for asylum seekers:
This was an orientation debate on key points in the Presidency's discussion document. No conclusions were drawn but the Presidency stressed that this was a key priority and it would be seeking to agree conclusions at the Justice Home Affairs (JHA) Council in November in order to provide a background to an anticipated legislative proposal from the Commission.Council Decision to create a provisional Eurojust Unit:
Political orientation was reached on key elements of the text, subject to consideration of the European Parliament's opinion, which had not yet been received. The text was remitted to COREPER for resolution of some technical issues and the language regime, at the request of one member state. A new Article was agreed which would allow the Commission to be associated fully with the general work of the unit, particularly in relation to the development of the permanent Eurojust, and which would also enable the Commission to lend its expertise to cases considered by the unit where these fell within Commission competence. The United Kingdom maintained its Parliamentary scrutiny reservation.Framework Decision relating to the status of victims in criminal proceedings:
This text was remitted to COREPER to resolve the outstanding issue on compensation. One member state lifted its scrutiny reserve provided that a recital was included to the effect that the Decision did not imply an obligation to treat victims as parties to criminal proceedings. The UK maintained its Parliamentary scrutiny reservation.Commission proposal to create a European Judicial Network in civil and commercial matters:
The Commission presented this draft Council Decision which was aimed at improving and developing existing judicial co-operation arrangements and providing the public with practical information about access to justice in cross-border litigation. The Civil Law Committee would discuss this further.Protection of the environment through the criminal law: orientation debate
There was general support for the introduction of measures to combat environmental crime, in order to establish an European Union acquis in this area. The Presidency would produce an initiative for a new instrument incorporating the aspects of the 1998 Council of Europe Convention on Environmental Crime which were acceptable to all member states.Preparation for the joint JHA/European Council of Finance Ministers (ECOFIN) Council:
421WOver lunch, the Council prepared the joint ECOFIN/JHA Council meeting of 17 October on financial crime. The Presidency explained that this would feature a debate on a common and coherent European Union strategy towards more effective co-operation in the financial sector, law enforcement and judicial co-operation.Brussels Regulation:
The Presidency urged Ministers to pursue this dossier in their capitals as it was a key element of the mutual recognition programme on civil law. The Commission advised that it would be issuing modified proposals during the next week on the e-commerce aspects of mutual recognition in light of the European Parliament's Opinion.Other items:
The Council noted a communication from Germany on the need for Community-level action on fighting dogs, calling for a Commission initiative on this matter. The Commission doubted whether there was a legal basis for Community action but undertook to examine this in greater detail.Mixed Committee with Iceland and Norway:
The Committee heard progress reports on the draft Common Visa List, which Iceland and Norway would apply, and on the application of the Schengen arrangements to the Nordic countries.
§ Mr. HoodTo ask the Secretary of State for the Home Department what the outcome was of the Justice and Home Affairs Council held in Luxembourg on 17 October; and if he will make a statement. [136032]
§ Mr. StrawI attended this Council meeting. The main matters dealt with at the meeting were as follows:
The list of A points was agreed in full, including the three items outstanding from the Justice and Home Affairs Council (JHA) held on 28 September.
Draft framework decision on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime:
There was a broad political orientation, subject to certain parliamentary reserves and the European Parliament opinion to a common minimum maximum penalty of four years and that all member states should be obliged to lift reserves in respect of tax offences to the 1990 Council of Europe money laundering Convention's provisions on confiscation of assets. The Council also agreed a declaration to the effect that minimum maximum penalties would be considered on a case by case basis for future instruments.Draft Convention on improving mutual assistance in criminal matters, with particular reference to the fight against organised crime, the laundering of the proceeds of crime and financial crime:
There was broad agreement, on the basis of a Presidency discussion document, to the principle that legal assistance should not be refused solely on the grounds that an investigation concerned a tax offence or involved the lifting of bank secrecy. A number of member states considered that such measures should be subject to judicial control; others also raised the practical difficulties involved in supplying lists of bank accounts in the absence of a central register. The Commission acknowledged that member states would have flexibility in how they chose to abolish grounds of refusal founded in bank secrecy or tax matters; they should none the less aim to establish efficient systems for providing assistance in such matters. Work on the Convention would continue at expert level on the basis of the discussion document.Presentation of the conclusions of the seminar from 13–15 September on the laundering of the proceeds of organised crime in Europe:
The Presidency presented the conclusions. There was no discussion.Proposal for a council decision establishing a community mechanism for the co-ordination of civil protection in the event of emergencies—presentation by the Commission:
422WThe Presidency and the Commission presented their respective proposals. Two member states welcomed the call for an assessment of respective national capabilities with a view to greater co-ordination between existing national structures. Others argued for a European Civil Protection Agency and a third for more European Union-financed training.Other items:
I proposed a greater operational role for the Chief Police Officer's Task Force and proposed using a Council Decision to place this work on a more formal footing. The Presidency concluded that the Council should return to this as necessary.One member state registered the need for Justice Ministers to have greater involvement in discussions concerning Organization de Lutte anti-Fraud.Finally, the Council adopted conclusions regarding the ETA murder the previous night in Spain.On the afternoon of 17 October, the Justice and Home Affairs Council met jointly with the ECOFIN Council. I represented the United Kingdom.
Following a debate on strategy towards more effective co-operation in the financial sector, law enforcement and judicial co-operation, the Council adopted conclusions, a copy of which have been placed in the Library.
§ Mr. BercowTo ask the Secretary of State for the Home Department what changes he intends to make to the UK anti-money laundering agencies in response to the conclusions reached at the Justice and Home Affairs Council of 17 October. [134812]
§ Mr. Charles ClarkeAt the Justice and Home Affairs Council held on the morning of 17 October formal agreement was given to the draft Framework Decision covering the exchange of information between the Financial Intelligence Units of member states. It is unlikely that compliance with this instrument will require any change in the organisation of the National Criminal Intelligence Service, which performs this function in the United Kingdom.
In the afternoon of 17 October Justice and Interior Ministers came together with their Finance Minister colleagues to discuss the fight against financial crime. This joint Council invited the member states to have in place special multi-disciplinary units to fight money laundering. However such units could either be new or, where necessary, build upon existing arrangements. In the United Kingdom we are satisfied that the present anti-money-laundering role discharged by the National Criminal Intelligence Service fully meets the objectives identified by the joint Council.