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Inquiry into post-Brexit UK-EU security cooperation launched by Lords committee

Monday 6 March 2023

The House of Lords Justice and Home Affairs Committee last week launched a new inquiry into the current operation of the arrangements for cooperation on law enforcement and criminal justice introduced by Part Three of the UK-EU Trade and Cooperation Agreement (TCA).

This inquiry will follow up on the report of the EU Security and Justice Sub-Committee, “Beyond Brexit: policing, law enforcement and security”, published in 2021.

Tomorrow the committee will be holding its first evidence session as part of the inquiry, with UK and European lawyers, representing both defence and prosecution. This session will focus on the operation of the TCA’s provisions for extradition between the UK and the EU, which replace the European Arrest Warrant.

Giving evidence will be:

  • Rebecca Niblock, Partner, Kingsley Napley LLP
  • Elise Martin-Vignerte, member of the Advisory Board, European Criminal Bar Association
  • Joanne Jakymec, Head of International, London and South-East Division, Crown Prosecution Service

Possible areas of questioning in this session include:

  • The effectiveness in practice of the extradition arrangements introduced by the TCA;
  • The impact of the ‘nationality exception’, under which 10 EU Member States have ceased to extradite their own nationals to the UK;
  • The impact of the UK’s loss of access to the Schengen Information System (SIS II) on the new extradition arrangements;
  • The operation of the TCA’s provisions for Mutual Legal Assistance;
  • The consequences of a scenario where Part Three of the TCA was terminated, for instance as a result of the UK leaving the European Convention on Human Rights.

The session will take place on Tuesday 7 March at 10am and can be followed on Parliament TV.

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