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93592

registered interest
date	15/10/2014
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Organised Crime: EU Law
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 September 2014 to Question 207073, whether the UK could take part, through membership of the relevant EU Council working groups, in the sharing of advice and best practice between EU member states on fighting organised crime if it did not opt back into Joint Action 97/827/JHA.
tabling member constituency	North East Somerset
tabling member printed	Jacob Rees-Mogg
uin	210803
answer	answer is ministerial correction date of answer 27/10/2014 answer text <p>If the UK did not opt back into Joint Action 97/827/JHA it may, in theory, continue to attend the relevant Council of the European Union working groups. However, there are no alternative methods open to the UK that are considered to be as effective as cooperation under the EU measure in order to evaluate the application and implementation at national level of international undertakings in the fight against organised crime.</p><p> </p><p> </p><p> </p> answering member constituency Staffordshire Moorlands answering member printed Karen Bradley question first answered 27/10/2014 16:19:27 answering member 4110 label Biography information for Dame Karen Bradley previous answer version 22880 answering member constituency Staffordshire Moorlands answering member printed Karen Bradley answering member 4110 label Biography information for Dame Karen Bradley
tabling member	4099 label Biography information for Sir Jacob Rees-Mogg

93312

registered interest
date	14/10/2014
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Schengen Agreement: ICT
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what assessment she has made of whether Chapter VIII of Council Decision 2007/533/JHA will place police and border control checks conducted by UK authorities within the scope of EU law for the purposes of EU fundamental rights, if the UK connects to the Schengen Information System II.
tabling member constituency	North East Somerset
tabling member printed	Jacob Rees-Mogg
uin	210427
answer	answer is ministerial correction date of answer 27/10/2014 answer text <p>A full impact assessment has been conducted on Council Decision 2007/533/JHA. Details of this assessment can be found in Command Paper 8897 published on 3 July 2014: <br><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>), <br><br><br>Chapter VIII of Council Decision 2007/533/JHA only requires the UK to notify the issuing Member State that the individual has come to our attention. <br><br>With regards to border control checks the UK does not participate in the border control elements of Schengen (including Regulation 1987/2006) and are not bound by those provisions. <br><br>Concerning police checks, Article 276 TFEU is clear that the Court of Justice shall have no jurisdiction to review the validity or proportionality of <br>operations carried out by the police or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security. This is further supported by Article 4(2) TFEU which explicitly states that issues relating to national security are the sole responsibility of the Member States.</p><p> </p><p> </p><p> </p> answering member constituency Staffordshire Moorlands answering member printed Karen Bradley question first answered 27/10/2014 16:20:42 answering member 4110 label Biography information for Dame Karen Bradley previous answer version 22525 answering member constituency Staffordshire Moorlands answering member printed Karen Bradley answering member 4110 label Biography information for Dame Karen Bradley
tabling member	4099 label Biography information for Sir Jacob Rees-Mogg