CHAPTER 5: Summary of Conclusions and
Recommendations
99. We put on record our regret that the German
Presidency should have been unwilling to discuss with the Committee
of a national Parliament an initiative to which we, like them,
attach great importance. (paragraph 4)
100. We believe that for seven Member States
to enter into an agreement including first pillar matters falling
squarely within EC competence may have breached the letter, and
certainly breached the spirit, of Article 10 of the EC Treaty.
(paragraph 22)
101. In the space of a year four ministers told
us that the question of accession to Prüm was under "close",
"active" and "serious" consideration. We do
not understand why it should have taken so long for the Government
to conclude that there was at least one provision of the Treaty
to which the United Kingdom could not agree. (paragraph 28)
102. The threshold for holding DNA profiles on
the United Kingdom DNA database is far lower than in any other
Member State, and the proportion of the population on the database
correspondingly far higher. The Government should as a matter
of urgency examine the implications of DNA exchanges for those
on the United Kingdom database. (paragraph 42)
103. Law enforcement authorities in all the Member
States must be provided with the same clear guidance and training
which will enable them to operate the new laws responsibly in
the fight against crime. (paragraph 53)
104. It is understandable that a State which
holds the Presidency should wish to make use of that opportunity
to further legislative proposals which it is particularly anxious
to see implemented. This should not however be seen as a reason
for cutting short full consideration by all the Member States.
The timetable for initiatives by Member States should be the same
as for Commission proposals. (paragraph 57)
105. We congratulate the Government on having
successfully insisted on the removal from the Prüm Decision
of a general provision which would allow designated officers and
officials of one Member State to enter the territory of another
Member State without prior permission. (paragraph 65)
106. Since unanimity is needed for the adoption
of the Prüm Decision this shows that, given the will, the
Government should be able to secure agreement on other matters
which need to be settled before the Decision can be adopted. (paragraph
66)
107. If and when the Prüm Decision is agreed,
any matters in the Framework Decision on the principle of availability
which have not been adequately dealt with must continue to be
the subject of negotiation. (paragraph 71)
108. There should be a convention that any legislative
proposals by Member States should, like Commission proposals,
be accompanied by full explanatory memoranda and regulatory impact
assessments. (paragraph 73)
109. Member States which are asked to consider
an initiative by some of their number should normally decline
to do so unless and until they have been supplied with a full
explanatory memorandum covering in particular the estimated cost
of the initiative. (paragraph 74)
110. The Government should not allow the Prüm
Decision to be incorporated into EU law unless and until there
is available a reliable estimate of the start-up cost and the
running costs of doing so, and then only if they believe that
the benefits to the United Kingdom of implementing the Decision
justify these costs. (paragraph 78)
111. The Government should insist on the inclusion
in the Prüm Decision of provisions to ensure that its operation
is properly monitored. What is required is at the very least:
- an obligation on national agencies
to produce annual reports, including statistics, on the use of
their powers under the Decision; and
- an obligation on the Commission to produce an
overall evaluation of the operation of the Decision, for submission
to the Council, the European Parliament and national parliaments,
to see whether it needs amendment. (paragraph 80)
112. There should be a requirement that Member
States putting forward initiatives with data protection implications
should consult the European Data Protection Supervisor. (paragraph
81)
113. We share the view of the Commission that
negotiations on the Data Protection Framework Decision, instead
of being sidelined, should proceed in parallel with those on the
Prüm Decision. (paragraph 90)
114. The Government should seize the opportunity
to stipulate that they will agree to the Prüm Decision only
if other Member States, led by the German Presidency, simultaneously
agree to a Framework Decision setting high standards for the protection
of data across the third pillar. (paragraph 91)
115. If the Presidency wishes other Member States
to accept its own views on the exchange of information, it must
be prepared to listen to views on how that information is to be
safeguarded, and to act on those views. (paragraph 92)
116. The Government should strongly resist any
suggestion that agreement on a statement of general principles
on data protection would be an adequate quid pro quo for
the adoption of the Prüm Decision. (paragraph 95)
117. The Government should try to ensure that
United Kingdom data protection standards are replicated across
the EU. The only way to achieve this is to adopt for all third
pillar measures a Framework Decision which will guarantee those
standards for the protection of personal data in all Member States.
(paragraph 97)
118. We believe that, given the need for unanimity,
the negotiations on the Prüm Decision provide an unrivalled
opportunity for adopting a data protection regime at the same
time as the legislation facilitating data exchange is adopted.
(paragraph 98)
119. We recommend this report to the House for
debate. (paragraph 5)
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