just tuning into this absolutely stellar @ifgevents panel on future security cooperation .. will tweet some thoughts along........... https://twitter.com/ifgevents/status/1314481145615089664
. @GeorginaEWright chairing kicks off by noting that both London and Brussels this week have said there has been a lot of progress on security in recent works.. so lets found out what a deal might look like
and if course I need to add #ifgbrexit
starts with Naomi Long on NI - concerns about security risks from brexit.. know that negotiations on security have been more productive than on trade - key concern is that trade breakdown doesn't jeopardise excellent relationship wiht RoI
Need to cooperate on organised crime and on terrorism .. recently met Priti Patel to discuss problems with lack of clairty on NI protocol.. concern tariff differentials may be exploited by organised crime.. entrepreneurial criminals..
need to reinforce culture of lawfulness.. no deal would mean loss of EU justice coop will be felt keenly - will have to look for bilateral cooperation. Data sharing key - loss of that will place population at risk
now asking @JulianBKing if a deal is enough.. he thinks there is a deal to be done - not sure completely done yet on -- fundamental rights, ECJ an ddata need sorting.. possibility of a new relationship - won;t be same as MS "dialled down"
can build a useful relationship building on 3rd country relations.. Europol has good relationship with US; Eurojust - can build a relationship.. and with some key databases...fingerprints, DNA, vehicle registration..criminal records...air passengers
some interests you can "mirror" eg out of EAW but can you build on precedents for cooperation -- can do better than rest of the world on mutual legal assistance.. all worth securing..
are precedents enough? King bellieves should be as ambitious as possible.. terrorism doesn't care about whether you are an MS or not.. big shared agenda around resilience whatever happens in negotiations.. but limits.. constraints on cooperation
being outside ECJ puts limits on cooperation... so may need break clauses that can suspend cooperation.. data will be very complicated.. v difficult to imagine access to SIS when UK outside ECJ - will be a big deal.. fantastic network
will need to work out how to backfill that if we are outside.. baton handed to Sir Robert Wainwright.. ex-Europol head.. stresses importance of live-time data sharing on movement of criminals and terrorism . heart of all successful police ops
UK was a primary player in developing and feeding that system...very important and effective systems - been mainstream way of effective policing.. relfects globalisation of crime and terrorism
Important to maintain as soon as posisble - Europol does allow info exchange with non-EU members.. but much lower volume - but there are rules to follow on data privacy.. unhelpful ECJ ruling earlier this week complicates things...
Agrees that UK should go beyond precedent "UK in a pretty special place" - already unique -- hopes both sides share the ambition...
Now the view from France @i_montaigneEN - can UK have a privileged security relationship? Notes the scale and complexity of modern threats.. cyber, human trafficking.... need more cooperation not less.....
UK has always been a leading partner against all these threats.. but UK also needs its European partners because of geography .. cannot afford to weaken capability of respective security forces
have always taken view that security issues inc defence should be detached from economic issues... but some difficulties eg on protection of fundamental rights and need for 27 to agree.. no doubt though there will be an agreement....
Noone would understand if governments fail to reach a security cooperation agreement.. on intelligence different because responsibility of MS - strong bilateral cooperation will not change ..
without cooperation there will only be losers.. there will be strong pressure on the politicians.. woud be a nightmare if failure to exchange information led to an incident..
can there be a security deal if there is no trade deal? King notes Uk wanted a separate agreement on security.. EU insisted on linkage - had to be part of overall future relationship deal.. that makes a political linkage ..
also practical linkages - ECJ, data, fundamental rights relevant in this area but also more widely.. remains his view that if stuck eslewhere should look at a freestanding agreeement - no coop really bad everyday impacts
Crazy for example not to know who is coming into airports.. having no cooperation on extradition.. would have real consequences in NI.. Limited discussion at political level about how it would work ..
Note that last year Commission wanted to avoid falling back on bilateral cooperation...
Qn Irish Justice Minister has said there needs to be an agreement on cross-border data sharing? Naomi Long - NI different to UK because of land border .. lots of ongoign cooperation between NI and RoI agencies on organised crime...
NI not remote from rest of Europe - criminals will build strong networks.. need to maintain cooperation .. unintended consequences from lack of cooperation and coordination between UK and Ireland.. risks border instability
relationship not as good as Long would like... need to share data in live time.. EAW has taken political tension out of extradition .. coudl again become very senstive.. v diff in the Troubles.. irish govt keen to avoid..
Late 1950s conventions not adequate to deal with modern crime.. Seen organised crime networks from Eastern Europe buying property in NI for money laundering... can put bilateral agreements in place - but complex and expensive..
fear that any replacement more expensive, more fraught and more open to challenge.. on decoupling is sceptical because of linkages and context changed.. tariffs/customs will affect landscape for organised crime..
Trade deal potentially offers criminals opportunity to grow the black market and undermine legitimate business..
Rob Wainwright notes that there will be no deal contingency plans being developed for bilateral cooperation, using Interpol.. on national security bilateral cooperation the most important...
but contingencies would still have "dialled down" impact compared to now.. eg if UK police tracking a suspect can alert another force,.. but usually don't know where heading.. lose systemic resilience..
Difficult to mitigate full consequences of loss of SIS. Always been special relationships in Ireland - gives a "deep bonded culture" for future cooperation.. but will still be less effective than staying in EAW
King stressing that whatever UK agrees, Member states will still be bound by ECJ .. even if UK outside.. its a problem already for other 3rd countries .. recent judgment on EU-US data sharing.. matters because UK shares a lot of data with US
Judgment on Canada airpassenger data sharing .. can;t keep data after people have left - how will that work because judgment binding on European airlines.. Judgment this week on what national security means.. meaning being debated on twitter..
Intelligence agencies outwith ruling.. but economic actors all within them.. so ECJ rulings will constrain cooperation
Wainwright points out EAW much more effective than prior systems.. UK may have access in an unprecedented way to something nearly equivalent....
Wainwright says possibility of getting a short-term bridge to "keep the lights on" and maintain as much continuity as possible - but then deepen over time for good of all
Final adviice...Valvik - say to M Barnier.. put security on one side and reach an agreement..... Long - while a trade deal is enormously important .. but security is essential - will make a tangible difference to people's lives..
King's last word - agrees with Naomi...
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