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No UK access to EU-only police databases after Brexit, says Barnier - Politics live

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Michel Barnier, the EU’s chief Brexit negotiator.
Michel Barnier, the EU’s chief Brexit negotiator. Photograph: Patrick Seeger/EPA

Michel Barnier's speech - Summary

Here are the main points from Michel Barnier’s speech.

  • Barnier, the EU’s chief Brexit negotiator, said the UK would not be able to access EU-only or Schengen-only databases after Brexit.

We are open to exchanging information on passengers contained in passenger name records with the UK authorities.

But let’s be clear: based on the UK’s positions, our cooperation will need to be organised differently. It will rely on effective and reciprocal exchanges, but not on access to EU-only or Schengen-only databases.

Barnier also said there would have to be “effective exchange of information” between the UK and EU countries after Brexit, including with Europol, the EU police agency, and Eurojust, the EU judicial cooperation unit. He said the UK would be invited to send a liaison prosecutor and liason officers to these agencies.

  • He said the British government was wrong to think it could preserve all the benefits of current security cooperation with the EU after Brexit. He called for “more realism” from London.

To negotiate an ambitious new relationship with the UK, which we all want, we need more realism on what is possible and what is not when a country is outside of the EU’s area of justice, freedom and security and outside of Schengen ...

This is our offer. While we are constrained by the UK’s red lines, it is a fair offer. It reflects our strong commitment to address our common challenges.

Some in the UK would like to go further.

They want to maintain all the benefits of the current relationship, while leaving the EU regulatory, supervision, and application framework. And they try to blame us for the consequences of their choice.

Once again, we will not be drawn into this blame game. It would mean wasting time we don’t have.

In this field of internal security, it is particularly hard to speak about what will no longer be possible. But we have, I have, to speak the truth.

  • He said the UK would not be able to take part in the European arrest warrant scheme after Brexit.

We know that the UK is not ready to accept the free movement of people, the jurisdiction of the court and the charter of fundamental rights – for the charter, this was confirmed last week by the House of Commons.

This means that the UK cannot take part in the European arrest warrant.

But the EU and the UK would still want to cooperate on extradition after Brexit, he said.

We are ready to build on the existing council of Europe convention, to which all member states have signed up.

For instance we could envisage streamlining the procedure, facilitating processes, introducing time-limits. This is very much needed.

  • He said the UK would be able to cooperate with Europol and Eurojust after Brexit. For example, it would be able to participate in “Europol analysis projects dealing with live investigations”. But it would not be able to shape the strategic direction of these agencies, or take part in management board meetings.
  • He said the EU would expect the UK to remain party to the European convention on human rights after Brexit.
  • He said the EU wanted the UK’s data protection standards to remain in line with its own after Brexit.
  • He said the European parliament would “have the last word” on Brexit. That seemed a subtle attempt to embarrass Theresa May ahead of tomorrow’s “meaningful vote” debate.
Michel Barnier speaking in Vienna today.
Michel Barnier speaking in Vienna today. Photograph: Leonhard Foeger/Reuters
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Sajid Javid, the home secretary, is making a Commons statement on drug licensing at 12.30pm. Labour whips think a U-turn may be in the offing.

Labour Whips (@labourwhips)

Govt u-turn. There will now be a Statement at 1230 on Drug Licensing from @sajidjavid

June 19, 2018
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This is from Bloomberg’s Ian Wishart.

Ian Wishart (@IanWishart)

Most interesting point in Michel Barnier's speech in Vienna today: The EU rejects the UK's demand to stay in the European Arrest Warrant because it's linked to free movement of people. You can't have the former if you want to control EU migration.

June 19, 2018
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Barnier says UK will lose 'benefits of cooperation' after Brexit

Here is one of the key extracts from the speech, where Michel Barnier explains why the UK will not be able to cooperate with EU countries on security after Brexit in much the same as it does now.

This is very problematic for the UK government, because most of what it is proposing on security cooperation after Brexit involves, as far as possible, the continuation of the status quo.

Barnier said:

The UK has decided to leave the EU’s institutions, structures and safeguards. It will be a third country outside Schengen and outside the EU’s legal order. This is a fact. And facts have consequences.

The UK’s recent paper on security expresses a desire to keep the benefits of EU membership. This is understandable when you look at what we have achieved together as a union in internal security together ...

Is there another region in the world where sovereign states built together a common area without internal border controls? Where citizens enjoy free movement and security and can avail of shared institutions to make sure their fundamental rights are protected? This cooperation is both, in fact, unique and unprecedented. And it is made possible by the trust between member states.

This trust does not fall from the sky. There is no magic wand. As I said in Lisbon, in front of the Federation for European Law [in this speech], this trust is founded on an ecosystem based on common rules and safeguards, shared decisions, joint supervision and implementation, and a common court of justice.

If you leave this ecosystem, you lose the benefits of this cooperation. You are a third country because you have decided to be so. And you need to build a new relationship.

The full text of the Barnier speech is here.

I will post a detailed summary shortly.

Updated

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Here is some more comment on the Barnier speech.

From Sky’s Lewis Goodall

Lewis Goodall (@lewis_goodall)

Quietly, Michel Barnier is shooting down virtually every UK demand on crime co-operation post-Brexit. He's just said that because of UK red line on ECJ he sees it as impossible that we can remain part of the European Arrest Warrant. https://t.co/dEVIeZ3iBU

June 19, 2018

And this is from Camino Mortera from the Centre for European Reform thinktank.

Camino Mortera (@CaminoMortera)

@MichelBarnier: “The UK will not be able to take place in the European Arrest Warrant. We could envisage using Council of Europe Conventions with time-limit” 😱 - so, not even a Norway/Iceland type of agreement!

June 19, 2018
Camino Mortera (@CaminoMortera)

@MichelBarnier : “The UK tries sometimes to blame us for their actions. We won’t play this blame game: it only makes us wasting time, and that is a luxury we cannot afford”. Tough words, cold shower for UK optimists...

June 19, 2018
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Here is Laurence Norman from the Wall Street Journal on the Barnier speech.

laurence norman (@laurnorman)

EU can consider streamlining & facilitating process of extradition with UK and time limits for it. But UK red lines on ECJ, charter of human rights, and free movement mean UK can't be part of current EU extradition system post-#Brexit, says @MichelBarnier.

June 19, 2018
laurence norman (@laurnorman)

This language may not go down well. @MichelBarnier says will need "a common commitment to human rights & confidence that the other party will respect them." A little extraordinary.Let's be clear: we're talking about the UK here. Confirms EU demands UK commit to stay inside ECHR.

June 19, 2018
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Daniel Ferrie, Michel Barnier’s press officer, has tweeted out some quotes from the Barnier speech.

Daniel Ferrie (@DanielFerrie)

.@MichelBarnier “The #UK has decided to leave the EU...It will be a third country outside Schengen and outside the EU’s legal order. This is a fact. Facts have consequences.” @EURightsAgency

June 19, 2018
Daniel Ferrie (@DanielFerrie)

.@MichelBarnier “After #Brexit, it is clear that we will need to cooperate strongly with the #UK in these areas. But, we will need to cooperate on a different basis. That is a challenge in itself.” @EURightsAgency

June 19, 2018
Daniel Ferrie (@DanielFerrie)

.@MichelBarnier “[Our proposal] reflects the guidance established by the 27 Heads of State and government & the resolution of the @Europarl_EN. It is ambitious while respecting the privileged relationship that we have created with our #Schengen partners.” @EURightsAgency

June 19, 2018
Daniel Ferrie (@DanielFerrie)

.@MichelBarnier - on the #EuropeanArrestWarrant: “The #UK is not ready to accept free mov of people, the jurisdiction of the ECJ and the Charter of Fundamental Rights. This means that the U.K. cannot take part in the EAW.” @EURightsAgency

June 19, 2018
Daniel Ferrie (@DanielFerrie)

.@MichelBarnier: 4 pillars for internal security partnership: 1)effective exchange of info; 2) operational cooperation b/n law enforcement authorities; 3)judicial cooperation in criminal matters; 4) measures against money laundering & terrorist financing. #Brexit

June 19, 2018
Daniel Ferrie (@DanielFerrie)

“This does not mean that we cannot work together on extradition. We are ready to build on the existing Council of Europe convention...for instance, we could envisage streamlining the procedure, facilitating processes, introducing time-limits.”

June 19, 2018
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He says the EU will propose a strong partnership with the EU after Brexit.

He says he has to leave the conference now.

Guy Verhofstadt, the European parliament’s lead Brexit spokesman, will be speaking at the conference later, he confirms. Barnier says the European parliament will “have the last word” on the matter.

(That sounded like a subtle dig at the British, in the light of Theresa May’s opposition to the “meaningful vote” amendment.)

And that’s it.

I’ll post a summary soon.

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Barnier says he and his team are still working with the British on finalising the withdrawal agreement.

About 75% of it is finalised, he says.

But there is “much work to do” before the EU summit in June, or the summit in October, which will be “the last stage” for an agreement, he says.

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Barnier says European countries are far stronger as members of a united EU.

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Barnier says the UK will be expected to continue to be bound by the European convention on human rights after Brexit if it expects to collaborate with the EU. As my colleague Daniel Boffey reports, this was a theme of the slides issued yesterday.

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Barnier says the EU is constrained by the UK’s red lines. Taking that into account, the EU’s offer is a fair offer.

He says some in Britain want all the current benefits of cooperation. That is not possible. But some in Britain blame the EU for the consequences of the decision they have taken.

The UK decided to leave the EU, he says. He regrets the decision, but accepts it.

He says if they want to build a new relationship, they need goodwill.

But they also need “more realism about what is possible”, he says.

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Barnier says the UK will not be part of the European arrest warrant after Brexit.

But there will be cooperation, he says.

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Barnier says he wants to see cooperation between EU and British law enforcement agencies after Brexit.

But the UK will not be able to shape the strategic direction of relevant bodies, he says. He says it will not be allowed to attend meetings of the Eurojust or Europol management boards.

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UK will not be allowed access to EU-only or Schengen-only police databases after Brexit, says Barnier

Barnier says he wants there to be effective exchange of information between the UK and the EU after Brexit in relation to police and judicial cooperation.

But that will not be allowed on the same basis as now, he says. He says the UK will not be allowed access to EU-only or Schengen-only databases.

  • UK will not be allowed access to EU-only or Schengen-only police databases after Brexit, says Barnier.
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Barnier calls for “more realism” from UK on what degree of police cooperation will be possible after Brexit

Barnier says there is a need for “more realism” on what is possible in the field of police and judicial cooperation after Brexit when the UK becomes a third country. He means “more realism” from the British, obviously.

  • Barnier calls for “more realism” from UK on what degree of police and judicial cooperation will be possible after Brexit.
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Michel Barnier, the EU’s chief Brexit negotiator, is giving a speech now on police and judicial cooperation after Brexit. He is speaking at a conference in Vienna and there is a live stream here.

Yesterday the European commission publishes slides (pdf) setting out its stance on this issue.

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Tomorrow Theresa May faces a difficult vote in the Commons as the EU withdrawal bill nears the end of its passage through parliament and MPs are asked to resolve the one outstanding area of dispute - whether the bill should include the robust “meaningful vote” amendment which would allow MPs to vote on what should happen next if they have not approved a Brexit withdrawal agreement by January.

On the Today programme this morning Dominic Grieve, the Conservative former attorney general who has leading the Tory rebels pushing for a proper meaningful vote, insisted that if May loses, that will not bring down the government. When it was put to him that if he were to win tomorrow, that might collapse the government, he replied:

Of course not. It’s complete nonsense. This is the end stage of the consideration of the details of a piece of legislation. Whichever way the vote ultimately goes, the idea that the government is going to be endangered by this difference of view within the House of Commons, which might lead to its defeat, is complete nonsense.

Grieve said that, when he used the phrase “we could collapse the government” in an interview at the weekend, he was talking about what might happen if the final Brexit withdrawal agreement were rejected. He said the whole point of his “meaningful vote” amendment was to stop that happening. He explained:

One of the reasons I’ve supported [the amendment] is precisely to avoid the sort of crisis a government would immediately collapse [if MPs rejected the Brexit withdrawal agreement] ...

By having a mechanism by which the House of Commons can express a view, without for example moving to a motion of no confidence which could collapse the government, that way we can give ourselves time both to influence the government and to think of what best to do next. All of us must hope that this does not happen. But there is a risk it will happen, and if we have no deal at the very end, it is a very serious crisis.

Some Tory MPs have argued that there is no need for the “meaningful vote” amendment because, if the Commons were to vote down the withdrawal agreement, the government would fall. But Grieve said that that would not be desirable. His plan was better, he said.

Because if we get to a position where we are three weeks from crashing out without a deal, and people can’t fly to other countries in Europe, the idea that it’s a good moment to get rid of the prime minister, have a general election, or go through the process of forming a new government as an emergency, doesn’t seem to me a very good one if it can be avoided.

Doubtless there will be more on this as the day goes on.

Here is the agenda for the day.

9am: Michel Barnier, the EU’s chief Brexit negotiator, gives a speech in Vienna.

11.30am: Jeremy Hunt, the health secretary, takes questions in the Commons.

After 12.45pm: MPs begin a debate on a Labour motion saying the Commons has no confidence in Chris Grayling, the transport secretary.

2.30pm: Nick Hurd, the policing minister, and Sir Thomas Winsor, the chief inspector of constabulary, give evidence to the Commons home affairs committee on the future of policing.

As usual, I will also be covering breaking political news as it happens, as well as bringing you the best reaction, comment and analysis from the web. I plan to post a summary at the end of the day.

You can read all today’s Guardian politics stories here.

Here is the Politico Europe round-up of this morning’s political news from Jack Blanchard. And here is the PoliticsHome list of today’ top 10 must reads.

If you want to follow me or contact me on Twitter, I’m on @AndrewSparrow.

I try to monitor the comments BTL but normally I find it impossible to read them all. If you have a direct question, do include “Andrew” in it somewhere and I’m more likely to find it. I do try to answer direct questions, although sometimes I miss them or don’t have time.

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