David Anderson QC’s article about Brexit and Security, Terrorism: the EU picture, has just been published in Counsel magazine.
- The leadership role in the EU exercised by the UK in matters relating to security (in particular counter-terrorism) will inevitably be lost after Brexit.
- There are reasons to hope that broadly satisfactory arrangements can be made for subsequent access to EU databases, institutions and procedures such as the European Arrest Warrant.
- But six factors are identified that have the potential to obstruct agreement: lack of precedent, desire for bespoke arrangements, the UK red line over acceptance of CJEU rulings, acceptance of future EU developments, political contagion and data sharing.
The article reflects in part his oral evidence of 28 February 2017 to Parliament’s Committee on Exiting the European Union (“Brexit Committee”) on the same subject, which is reflected in the Committee’s report at paras 92 and 232-272.