The British government is making impossible demands over access to Europol databases in the negotiations over the future relationship with the EU, according to a leaked assessment of the UK’s position drawn up by the German government.
As talks between the two sides resumed via video calls this week, Britain’s negotiators not only refused to extend the transition period because of the Covid-19 pandemic, but also stated the UK side’s eagerness to continue taking part in EU-wide data-sharing arrangements and even expanding their reach.
According to a German government report on the UK’s position in the Brexit talks, seen by the Guardian, Britain wants to “approximate the position of a member state as closely as possible” when it comes to working with Europol, the EU’s law enforcement agency.
This included a desire to continue to access Europol’s central intelligence database (EIS) – a wish the German report, summarising the EU’s position, described as “not possible”.
Other data-sharing schemes the UK had expressed an interest in included the Schengen Information System (SIS II), a database used by European border control agencies that includes around 90m entries, as well as a vast collection of air passenger data (PNR), which British negotiators have proposed extending to cover those travelling on boats and by rail.
Britain’s request for special access to these databases has been met with particularly vocal opposition in Germany, which has until now been seen as a more moderating influence in the negotiations but where data protection is a highly sensitive topic.
Christian Petry, spokesperson for European affairs for the Social Democratic Party (SPD) that forms the German government with Angela Merkel’s conservatives, told the Guardian he was “very critical” of British claims to levels of control and influence on security affairs usually reserved for members of the EU and the passport-free Schengen zone.
“The Brexiteers have always disparaged the EU as undemocratic,” Petry said. “To now dictate to the EU as a third country how we should organise our inner security, that would indeed be undemocratic. It would not only be ‘cherry-picking on speed’, but set a fatal precedent. With what arguments could we respond to wishes from other states with similar ideas?”
The German Green party said Britain could only hope to take part in data-sharing schemes if it accepted the EU’s standards for data protection, and therefore the jurisdiction of the European court of justice.
“Otherwise we are endangering the basic rights of our citizens, which is not something we can tolerate,” said Franziska Brantner of the German Greens, who are currently second in polls to Merkel’s CDU. “Rights also come with responsibilities”.
UK officials have argued in the negotiations that they are making a pragmatic offer of strong cooperation and that a refusal to engage with the proposals will lead to a mutual loss in capability to fight crime and terrorism.
Sources suggested that those who claimed the UK was trying to attain the benefits of membership while outside the EU were misrepresenting the British position.
The UK’s chief negotiator, David Frost, has repeatedly emphasised that his stance builds on relationships the EU has with other so-called “third countries” not in the bloc.
But some German politicians are particularly indignant at the idea that the UK could continue to take part in the Schengen Information System (SIS), since the decision to allow Britain to take part in the scheme five years ago has already proven controversial.
A 2018 report by the Council of the European Union found that the UK was making improper use of the database by illegally copying classified personal information and sharing it with US companies.
“It is nothing short of brazen by the British government to want to take part in Europe’s largest police database in spite of repeatedly breaking its rules,” said Andrej Hunko, a spokesman on European affairs for Die Linke, the German left party.
“Instead, the commission must initiate an immediate expulsion from SIS, as officials in Great Britain still refuse to address a list of deficiencies compiled by the European commission in January.” Hunko said his party would “put up resistance” against the British proposals in Germany and at an EU level.
EU officials said the last week of negotiations covering trade, police and judicial cooperation and governance of the future relationship, had not made any significant progress. “There is a chasm,” said the source.
The EU’s chief Brexit negotiator, Michel Barnier, is expected to offer an uncompromising view when he speaks to reporters on Friday.
A Home Office spokesman said: “The safety and security of our citizens is the government’s top priority and we are working closely with the European Union to reach an agreement on law enforcement and criminal justice cooperation in criminal matters that works for both of us.
“The agreement should equip operational partners on both sides with the capabilities that help protect citizens and bring criminals to justice – promoting the security of all our citizens.”
source https://www.theguardian.com/world/2020/apr/23/uk-making-impossible-demands-over-europol-database-in-eu-talks
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