Despite Brexit, British police can influence surveillance laws in the EU. The country is also represented in European secret service circles.
Notwithstanding its exit from the European Union, the British police will remain a member of a Standing Heads of Lawful Interception Units based at Europol. The UK is represented there by the National Crime Agency. This was confirmed by the EU Commissioner for Home Affairs, Ylva Johansson, in her answer to a parlamentary question by the pirate Patrick Breyer. The UK is thus the only third country in the group, which otherwise consists exclusively of EU members and the Schengen states Norway, Switzerland and Iceland.
The working group of the departments on telecommunications surveillance had once been founded as a strategic „5G Expert Group“ on the initiative of the German Federal Criminal Police Office. It was supposed to give the authorities access to the new telephone standard, which was actually tap-proof. After this was successfully pushed through in the European and international standardisation bodies ETSI and 3GPP, the group was given a new name and new tasks in October 2021. It is now to ensure that the needs of law enforcement agencies are taken into account when amending surveillance laws at EU level and in the member states. „Encrypted communication: UK remains member of EU interception group“ weiterlesen
The British exit from the European Union strengthens cooperation in informal circles. One of these questionable alliances is now launching measures to decrypt secure communications. This also involves the US government.
With Brexit, the UK has left the „European area of Freedom, Security and Justice“. From the EU’s point of view, the Kingdom became a third country, which can still participate in various measures of the Schengen states via a „Trade and Cooperation Agreement“. However, the government no longer has any say at EU level.
Nevertheless, according to a statement by the British Home Office, the country remains part of the „G6 Group“, in which the interior ministers of the six most populous EU member states have organised themselves for 18 years. The agenda of the most recent meeting at the end of March included the prevention of immigration. Home Secretary Priti Patel presented „landmark changes“ to the British asylum system. By „intelligence and expertise“, the Kingdom’s authorities wanted to „tackle illegal migration across the continent“. „Cryptowars and migration: Great Britain continues to influence EU policy“ weiterlesen
British authorities continue to participate in many EU instruments in the area of justice and home affairs, and cooperation in some cases even goes further than with the Schengen states Norway, Iceland or Switzerland. The exit from Europol and the Schengen Information System could strengthen the secret services.
With its withdrawal from the European Union, the UK will have left the „European Area of Freedom, Security and Justice“ as of 1 January 2021, and the country will become a third country from the EU’s perspective. This will also end cooperation within the framework of the Schengen Agreement. The government in London will lose its place as one of the most important partners in the EU security architecture. The loss of participation in the Schengen Information System (SIS II) will probably weigh heavily in the UK. In 2019, British police forces and intelligence services had around 37,000 persons and 4.5 million objects stored there. Many covert Article 36 alerts, which allow police and domestic intelligence to track the movements of wanted persons across the EU, also originated in the UK.
However, British authorities are to be allowed to continue to participate in important EU information systems in the area of Justice and Home Affairs (JHA) and also to cooperate with agencies. These are the provisions of the provisional „EU-UK Trade and Cooperation Agreement“ (TCA), which the parties negotiated at the last minute before the turn of the year. „Privileged third country: EU security cooperation with Great Britain after Brexit“ weiterlesen
The Police Working Group on Terrorism (PWGT) consists of the political departments of police authorities in all Schengen states. The informal group was established in 1979 as a response to left-wing armed movements. After their disappearance, the purpose of the PWGT was expanded to include „political violent activities“.
Together with police authorities from the Netherlands, Belgium and Great Britain, the German Federal Criminal Police Office (BKA) started the European „Informal Terrorism Working Group“ in 1979. The founding date was 25 and 26 April, prompted by attacks by armed left-wing groups in various European countries. One month earlier, the British ambassador Richard Sykes was killed in The Hague. The Irish IRA claimed responsibility, initially, however, the police also considered the involvement of Palestinian groups or the German RAF possible.
Before Margaret Thatcher was elected British Prime Minister in May 1979, the Irish National Liberation Army killed her future Northern Ireland Minister with a car bomb. In Germany at that time, IRA commandos carried out attacks on British soldiers, in Belgium the RAF tried to blow up the NATO supreme commander in Europe. This was reason enough for the BKA’s „Terrorism“ department, like the left-wing movements, to do better in international networking. „European police networking in the twilight“ weiterlesen
British authorities retain access to the EU-wide exchange of PNR data and are allowed to query biometric records in EU member states. Additional agreements regulate close cooperation with Europol and the rapid extradition of wanted persons. However, the UK must leave Europe’s largest manhunt database.
Even after Brexit, Britain retains an important place in the European Union’s security architecture. The Trade and Cooperation Agreement presented by the EU Commission and the British government at Christmas reaffirms the „need for strong cooperation between national police and judicial authorities“.
Among the „areas of mutual interest“ are law enforcement and judicial cooperation in criminal and civil matters. To combat and prosecute cross-border crime and terrorism, British authorities may continue to participate in important EU information systems and also cooperate with agencies. Each of the new forms of cooperation is subject to the obligation to respect the European Convention on Human Rights. There is no way to involve the European Court of Justice for legal action concerning any of the measures foreseen in the Trade and Cooperation Agreement. „Brexit agreement: Close EU police cooperation with the UK continues“ weiterlesen
For cross-border cooperation, Europe’s secret services or their responsible ministries join together in non-transparent formats. These networks are difficult to monitor and control.
„Club de Berne“ and CTG
One of the most important cooperations is the „Club de Berne“, in which domestic intelligence services of all other EU member states as well as Norway and Switzerland participate. The „Club de Berne“ was founded in 1969 as an annual meeting of the directors of Western European domestic intelligence services. In 2001, the association founded a „Counter Terrorism Group“ (CTG), in which members regularly exchange information on incidents and discuss follow-up measures. Since 1 July 2016, the Bern Club and its CTG are running an „operational platform“ in The Hague. The domestic intelligence services there maintain a common database and a real-time information system. Details are secret, so parliamentary control of the activities in The Hague is hardly possible. The CTG is supposed to network more closely with police structures of the EU or individual member states, and „soundings“ have been underway with Europol since spring 2016. „How European secret services organise themselves in „groups“ and „clubs““ weiterlesen
The Hamburg police use the EU arrest warrant and the European Investigation Order to prosecute activists after the G20 summit. The Federal Criminal Police Office assumes the function of a central office.
After the G20 summit, the Hamburg special commission „Black Block“ travelled several times to neighbouring countries for an „exchange of knowledge“. This was announced by the Hamburg Senate at the request of Christiane Schneider, a member of parliament. The Senate did not write which measures and visited authorities were involved. Two weeks ago, the Hamburg police announced the dissolution of the special commission. All criminal investigations into the G20 summit are now being continued by an investigation team based at the Political Department of the Criminal Police Office (LKA) in Hamburg. „The long arm of repression“ weiterlesen
After each major summit protest, there are calls for a European “troublemakers” database to be established. Centralised data storage at EU level or decentralised networking of national systems would be conceivable options. For a number of reasons, it has not been possible to set up a database of this kind since the turn of the millennium. The governing coalition in Germany has now announced a new initiative to this end following the G20 Summit in Hamburg.
Cooperation on summit events between European security authorities has been running like clockwork for more than 20 years. Police and intelligence services have exchanged information on threats and “individuals who pose a terrorist threat”, have assisted each another with personnel and equipment and seconded liaison officers. Shortly before such summits, the Schengen Agreement is partially suspended and border controls reintroduced while travel bans are imposed on undesirable protesters. „Database on “European extremists”: How is the plan pursued since 2001 supposed to function?“ weiterlesen