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Brexit transitional deal is an obvious inevitability, says Nick Clegg | |
(35 minutes later) | |
A transitional deal with the EU after the article 50 process concludes is “completely inevitable” to avoid losing access to vital European intelligence databases, Nick Clegg has said. | A transitional deal with the EU after the article 50 process concludes is “completely inevitable” to avoid losing access to vital European intelligence databases, Nick Clegg has said. |
The former deputy prime minister said it had been a misjudgment for the government to make a transitional deal into a political issue. “It is a measure of how contorted and constipated the debate is that it has become a headline issue,” he said. “It’s an obvious inevitability, unless you are deluded enough to believe you can wrap everything in 18 months.” | The former deputy prime minister said it had been a misjudgment for the government to make a transitional deal into a political issue. “It is a measure of how contorted and constipated the debate is that it has become a headline issue,” he said. “It’s an obvious inevitability, unless you are deluded enough to believe you can wrap everything in 18 months.” |
Clegg said Theresa May should have made it clear from the outset that a completely new relationship with the EU could not be finalised before the next general election. | Clegg said Theresa May should have made it clear from the outset that a completely new relationship with the EU could not be finalised before the next general election. |
“In a rational world, there would be no politics about this at all,” he said. “This is a self-inflicted controversy and the government could have taken all the heat out of this, and said yes, of course there will be a transition.” | |
May’s promise to cut ties with the European court of justice (ECJ) could be a serious stumbling block in the UK’s leverage in EU negotiations on intelligence and defence co-operation, Clegg said. Downing Street and David Davis’s Brexit department are understood to see Britain’s intelligence expertise as a key asset in negotiations with the bloc. | |
Davis has said the UK hopes to “maintain or even strengthen our cooperation on security and defence”, though May said in her Conservative party conference speech that “we are not leaving only to return to the jurisdiction of the European court of justice”. | |
However, the UK will have to agree to EU rules on data sharing, subject to ECJ jurisdiction, in order to maintain access to crime databases such as the Schengen information system, which allows police forces to share real-time alerts on suspects, vehicles and firearms. | However, the UK will have to agree to EU rules on data sharing, subject to ECJ jurisdiction, in order to maintain access to crime databases such as the Schengen information system, which allows police forces to share real-time alerts on suspects, vehicles and firearms. |
“In many ways, [the government] could use our co-operation on home affairs as an asset, and say: ‘We know you didn’t vote to make us less safe, we don’t want to lower our guard, so this is going to take a while,’” Clegg said. | “In many ways, [the government] could use our co-operation on home affairs as an asset, and say: ‘We know you didn’t vote to make us less safe, we don’t want to lower our guard, so this is going to take a while,’” Clegg said. |
In a briefing paper on justice and home affairs, the latest in a series prepared by Clegg on the challenges of the Brexit negotiations, Clegg said the UK needed to agree an unprecedented deal on security co-operation. | In a briefing paper on justice and home affairs, the latest in a series prepared by Clegg on the challenges of the Brexit negotiations, Clegg said the UK needed to agree an unprecedented deal on security co-operation. |
A raft of new arrangements will need to be agreed to maintain current levels of co-operation, including the continued use of the European arrest warrant to return suspects to the UK who have fled to Europe. Courts could also lose access to the European criminal records information system, which allows courts to request information on previous convictions of EU nationals. | A raft of new arrangements will need to be agreed to maintain current levels of co-operation, including the continued use of the European arrest warrant to return suspects to the UK who have fled to Europe. Courts could also lose access to the European criminal records information system, which allows courts to request information on previous convictions of EU nationals. |
The government has previously indicated it hopes to remain a member of Europol, which co-ordinates law enforcement for cross-border crime in Europe, though non-EU partners are not allowed to have influence over the body’s strategic direction and access to some intelligence sharing is limited. | The government has previously indicated it hopes to remain a member of Europol, which co-ordinates law enforcement for cross-border crime in Europe, though non-EU partners are not allowed to have influence over the body’s strategic direction and access to some intelligence sharing is limited. |
Clegg said the government “needs to think about what compromises they are prepared to make in return for an unprecedented deal that allows us to, at the very least, maintain the successful security measures we have in place now”. | |
The European commission has already signalled its reluctance to allow countries such as Denmark, where voters rejected adopting closer EU ties on cross-border policing in a referendum last year, to have similar access to data and intelligence sharing without opting in to full co-operation. | The European commission has already signalled its reluctance to allow countries such as Denmark, where voters rejected adopting closer EU ties on cross-border policing in a referendum last year, to have similar access to data and intelligence sharing without opting in to full co-operation. |
On Thursday, the European commission issued a pointed statement about the Danish referendum, saying co-operation on cross-border serious and organised crime and international terrorism “must not in any way equal full membership of Europol”. | On Thursday, the European commission issued a pointed statement about the Danish referendum, saying co-operation on cross-border serious and organised crime and international terrorism “must not in any way equal full membership of Europol”. |
Intelligence-sharing would be “conditioned on Denmark’s continued membership of the European Union and … on Denmark’s agreement to the application of the jurisdiction of the court of justice of the EU”, the statement said. |