§ 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 16 November; what the Government's policy was on each issue discussed, including its voting record; and if he will make a statement. [16531]
§ Angela EagleI, together with my right hon. Friend the Home Secretary and Jim Wallace, the Acting First Minister for Scotland, represented the United Kingdom at the Justice and Home Affairs Council in Brussels on 16 November.
A Points
The A points were approved as in document 13978/01 (a copy of which is in the Library), except for items 6 and 7, on which one member state maintained its parliamentary scrutiny reserve.
Framework Decision on a European Arrest Warrant
On scope, the Presidency sought agreement to its compromise proposal that the European arrest warrant should apply to a list of offences, with dual criminality abolished for such offences. The Commission proposed that sabotage, arson, hijacking and serious violation of international humanitarian law be added to the list of offences. The majority of member states agreed to this proposal.
There was broad agreement to a 60-day deadline, extendable by 30 days, within which surrender procedures should be completed in the executing state.
The draft Framework Decision will return to the December Justice and Home Affairs Councils for final consideration.
Framework Decision on Combating Terrorism
Provisional agreement was reached on Article 1 (terrorist intent) with some drafting changes. An addition on the right to demonstrate was added at the request of one member state. The Council agreed, after an intervention from the United Kingdom delegation, to 1222W return to the definition contained in the United Nations conventions on terrorism restricting the exemption for belligerents in armed conflicts to the armed forces.
With regard to penalties for terrorist offences, the Commission made a compromise proposal based on a range of penalties for these offences and one member state proposed alternative wording for Article 4.3. Further consideration will be given to these options.
There was no opposition to a Presidency proposal for optional extraterritorial jurisdiction. The Framework Decision will be resubmitted to the December Justice and Home Affairs Council for final consideration.
Debate on Implementation of the Tampere Conclusions
There was a general debate on the papers which the Presidency and the Commission had produced. The Home Secretary emphasised the United Kingdom's commitment to playing a strong role in operational action to combat illegal immigration at and beyond the external borders of the European Union. One member state advocated the creation of a European Union border forum, while others argued for the creation of a European union border service, and one favoured a feasibility study into the creation of a European Union border service.
The Home Secretary stressed the need for faster progress on the asylum agenda; there was little support for a standstill clause on national legislation and an open method of co-ordinating national policies on asylum.
The Home Secretary argued that European Union law enforcement bodies should be more effective and co-ordinated and, together with one other member state, stressed that the Police Chiefs' Task Force should be more focused on operational activity and more accountable to the Justice and Home Affairs Council. Four member states spoke in favour of clarifying the role of the Task Force and one noted proposals for an operational Europol. The Home Secretary noted that the European Union needed to step up European Union action against drugs.
My right hon. Friend Jim Wallace stressed the importance of mutual recognition in civil matters and the good record of co-operation between the legal systems of England and Wales and Scotland. The Home Secretary agreed that the United Kingdom continued to regard mutual recognition of judicial decisions as fundamental to judicial co-operation in both criminal and civil matters at European Union level.
Harmonisation of penalties
This item was postponed until the December Council.
Other Business
Schengen Information System
The Austrian delegation introduced its initiative on use of the Schengen Information System and the Schengen acquis to combat terrorism. This issue will be considered at the December Council.
European Judicial Atlas
Work had been completed on the European Judicial Atlas. This would assist judicial authorities in each member state to identify the appropriate authority to receive and carry out a request for legal assistance in another member state.