Is the EU really insisting that the Human Rights Act remains unchanged? It doesn’t look like that to me – and (despite what others have said) the Security Minister did not contradict me. From today’s evidence session: parliamentlive.tv/event/index/24…
The EU *is* demanding from us a guarantee of continued adherence to the #ECHR: but since our commitment to that is now "absolute" (phew), the Minister seems confident that the issue can be finessed in the text of an agreement: parliamentlive.tv/event/index/24…
A bigger obstacle is data adequacy, where (absent a deal satisfactory to #CJEU) the ragbag of BCRs, SCCs, Interpol, CoE and bilateral deals mentioned by the Minister parliamentlive.tv/event/index/24… will make for what @UCL_EI call "a rocky few years ahead": ucl.ac.uk/european-insti….
The (mutual) loss of useful capabilities will be real, particularly on anything requiring the sharing of data in real-time: parliamentlive.tv/event/index/24… (former @terrorwatchdog), parliamentlive.tv/event/index/24… (former @Europarl_EN rapporteur Lord Kirkhope).
As former National Security Adviser @LordRickettsP suggested parliamentlive.tv/event/index/24…, this is ultimately because EEA/Schengen levels of access will be unachievable with Canadian/Australian levels of autonomy.
Even a backroom fudge (of which there was no sign in the Minister's answers) would ultimately have to satisfy the #CJEU - which has hardly shown itself flexible in this area. So it's not easy to be optimistic - though I commend the Minister for trying.
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