Select Committee on European Scrutiny Thirty-Seventh Report



23. POLICE AND JUDICIAL COOPERATION TO COMBAT TERRORISM

 

(a)

(23395)

7153/02

 

 

(b)

(23535)

7756/1/02

 

(c)

(23549)

7756/2/02

 

(d)

(23560)

7756/3/02

 

Initiative of the Kingdom of Spain with a view to adopting a Council Decision on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Council Common Position 2001/931/CFSP.

 

 

Initiative of the Kingdom of Spain with a view to adopting a Council Decision on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP.

 

Initiative of the Kingdom of Spain with a view to adopting a Council Decision on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP.

 

Initiative of the Kingdom of Spain with a view to adopting a Council Decision on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP.

Legal base:

Articles 30, 31(e) and 34(2)(c) EU; consultation; unanimity

   

Department:

Home Office

Basis of consideration:

(a) EM of 2 May 2002

(b) to (d) EM of 14 June 2002; Minister's letter of 12 July 2002

Previous Committee Report:

(a) HC 152-xxix (2001-02), paragraph 5 (15 May 2002)

(a), (b), (c) and (d) HC 152-xxxiv (2001-02), paragraph 3 (26 June 2002)

To be discussed in Council:

No date fixed

Committee's assessment:

Legally and politically important

Committee's decision:

Cleared

 

Background

    1. We last considered this proposal under Article 4 of the Common Position on the application of specific measures to combat terrorism (2001/931/CFSP)[48] on 26 June. We agreed with the Minister that the problems identified with the earlier versions had been addressed. We noted, in particular, the express provision in the present version to the effect that information in connection with terrorist offences is to be communicated only in accordance with national law and only as permitted by the provisions of the Europol Convention.
    2. We also noted that Article 7 of the proposal had been amended to provide that any relevant information obtained in the course of criminal investigations of proceedings could be made available or accessible to the authorities of other interested Member States, where this was in accordance with national law. We assumed from this that relevant information (including unused prosecution material) could be disclosed, whether or not it had been used in criminal proceedings or was admissible in such proceedings. We asked the Minister to confirm that our assumption was correct.
    3. The Minister's reply

    4. In his letter of 12 July, the Parliamentary Under-Secretary of State at the Home Office (Mr Bob Ainsworth) confirms that our assumption is correct. He adds that the only requirement under Article 7 is that the information related to the evidence must have been seized or confiscated in the course of criminal investigations or proceedings, and that there is no requirement that the information should have been used as evidence in criminal proceedings.
    5. Conclusion

    6. We are grateful to the Minister for his letter, which resolves the one outstanding point we wished to raise. We now clear the documents.

 


48  OJ No L 344 of 28.12.2001 p.93. Article 4 requires Member States to afford each other assistance through police and judicial cooperation in preventing and combating terrorist acts. Back

 
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