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93593
registered interest false more like this
date less than 2014-10-15more like thismore than 2014-10-15
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Offences against Children: Internet remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 September 2014 to Question 207065, in which rulings the Court of Justice of the EU (CJEU) or its predecessor courts has interpreted or applied (a) Article 72 of the Treaty on the Functioning of the European Union or the same provision in previous versions of the EU treaties and (b) Article 276 of the Treaty on the Functioning of the European Union or the same provision in previous versions of the EU treaties; and on what provisions of those rulings the Government bases its assertion that opting back into Council Decision 2000/375/JHA will not bring the UK's strategy for tackling indecent images of children online or any action by UK law enforcement pursuant to that strategy under the jurisdiction of the CJEU. more like this
tabling member constituency North East Somerset remove filter
tabling member printed
Jacob Rees-Mogg more like this
uin 210805 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-23more like thismore than 2014-10-23
answer text <p>The Government takes the issue of indecent images of children very seriously, and is working with a wide range of international partners to tackle these appalling images. We work with both EU and non-EU States, and will continue to do so. As explained in the Government’s answer of 2 September 2014 to PQ 207065, the Government has considered the potential impacts of CJEU jurisdiction very carefully in deciding which of the pre-Lisbon police and criminal justice measures it is in the interests of the UK to rejoin.</p><p><br>While the CJEU has not yet ruled in a relevant case, Article 72 of the Treaty on the Functioning of the European Union (TFEU) makes clear that the maintenance of law and order and the safeguarding of internal security is a responsibility for Member States. In addition, Article 276 of the TFEU states that the CJEU shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law enforcement services of a Member State, or the exercise of responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.</p><p><br>The decision to seek to opt in to Council Decision 2000/375/JHA will therefore not bring the Government’s strategy in tackling indecent images of children under the jurisdiction of the CJEU or any action taken by UK law enforcement pursuant to that strategy.</p><p> </p><p> </p><p> </p>
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley remove filter
question first answered
less than 2014-10-23T15:24:42.8069012Zmore like thismore than 2014-10-23T15:24:42.8069012Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
22881
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this
79413
registered interest false more like this
date less than 2014-07-22more like thismore than 2014-07-22
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Offences against Children: Internet remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, what assessment she has made of the potential effect on the implementation of the UK's strategy against indecent images of children online of placing that strategy within the full jurisdiction of the Court of Justice of the EU, including its human rights jurisprudence, should the UK remain bound by Council Decision 2000/375/JHA after 1 December 2014. more like this
tabling member constituency North East Somerset remove filter
tabling member printed
Jacob Rees-Mogg more like this
uin 207065 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-09-02more like thismore than 2014-09-02
answer text <p> </p><p>A full impact assessment has been conducted on Framework Decision 2000/375/JHA. Details of this assessment can be found in Command Paper 8897 <br><a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/326698/41670_Cm_8897_Accessible.pdf" target="_blank">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/326698/41670_Cm_8897_Accessible.pdf</a>, published on 3 July 2014. <br><br>The Government has considered the potential impacts of CJEU jurisdiction very carefully in deciding which of the pre-Lisbon police and criminal justice measures it is in the interests of the UK to rejoin. Article 72 of Treaty on the Functioning of the European Union (TFEU) makes clear that the maintenance of law and order and the safeguarding of internal security is a responsibility for Member States.</p><p>Article 276 of the TFEU states that the CJEU shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law enforcement services of a Member State, or the exercise of responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.</p><p>The Government’s decision to seek to opt in to Framework Decision 2000/375/JHA will therefore not bring the Government’s strategy in tackling indecent images of children under the jurisdiction of the CJEU or any action taken by UK law enforcement pursuant to that strategy. The UK is fully compliant with this Council Decision, and we assess the risk of an adverse judgement in this area to be low.</p><p> </p><p> </p><p> </p>
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley remove filter
question first answered
less than 2014-09-02T16:37:01.5657121Zmore like thismore than 2014-09-02T16:37:01.5657121Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this