Ministers are refusing to admit to the threat from terrorists and crime gangs if there is no Brexit deal, says a former national security adviser in a stinging attack.
Lord Peter Ricketts warned the likely fallbacks will be “putting the safety of the public at risk”, even as the UK and the EU both admitted an agreement is currently “unlikely”, as their talks falter.
In a damning report, the House of Lords committee headed by Lord Ricketts lambasts the security minister’s claim that “the UK has well-developed and well-rehearsed plans in place”.
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It flies in the face of a warning from the National Police Chiefs’ Council (NPCC) that retaining rapid access to intelligence and data is “absolutely critical” in the fight against crime, it said.
UK police checked the Schengen Information System (SIS II) database of suspects “603 million times” in 2019 alone, the committee was told – but that ability is now in jeopardy.
“Compelling evidence has been laid before the committee about the significant consequences for law enforcement in the UK if there is no deal on policing and criminal justice cooperation,” Lord Ricketts said.
“This stands in stark contrast to the government’s optimism that they have plans for non-EU alternatives that can substitute effectively for the exceptional levels of cooperation the British law enforcement and justice communities currently enjoy with their colleagues in EU countries.
“Without a deal, the loss of operational effectiveness for UK law enforcement agencies – including in Northern Ireland – will be profound, undermining modern intelligence led policing and putting the safety of the public at risk.”
The warning is impossible to ignore because the peer was national security adviser for three years until 2015 and, before that, chairman of the government’s joint intelligence committee.
1/20 Britain votes to leave the European Union – 23 June 2016
A referendum is held on Britain’s membership of the European Union. Fifty-two per cent of the country votes in favour of leaving
AFP via Getty
2/20 David Cameron resigns – 24 June 2016
David Cameron resigns on the morning of the result after leading the campaign for Britain to remain in the EU
Getty
3/20 Theresa May takes the reins – 13 July 2016
Theresa May becomes leader of the Conservative party and prime minister, winning the leadership contest unopposed after Andrea Leadsom drops out
Getty
4/20 High Court rules parliament must vote on Brexit – November 2016 – 3 November 2016
The High Court rules that parliament must vote on triggering Article 50, which would begin the Brexit process
5/20 Article 50 triggered – 28 March 2017
The prime minister triggers Article 50 after parliament endorses the result of the referendum
Getty
6/20 May calls snap election – 18 April 2018
Seeking a mandate for her Brexit plan, May goes to the country
Getty
7/20 May loses majority as Labour makes surprise gain – 8 June 2017
After a disastrous campaign, Theresa May loses her majority in the commons and turns to the DUP for support. Jeremy Corbyn’s Labour party makes gains after being predicted to lose heavily
AFP/Getty
8/20 Negotiations begin – 19 June 2017
David Davis and Michel Barnier, chief negotiators for the UK and EU respectively, hold a press conference on the first day of Brexit negotiations. Soon after the beginning of negotiations, it becomes clear that the issue of the border between Northern Ireland and the Republic will prove a major sticking point
AFP/Getty
9/20 MPs vote that withdrawal deal must be ratified by parliament – 13 December 2017
The government suffers a defeat in parliament over the EU withdrawal agreement, guaranteeing that MPs are given a ‘meaningful vote’ on the deal
10/20 Boris Johnson resigns as foreign secretary – 11 July 2018
Following a summit at Chequers where the prime minister claimed to have gained cabinet support for her deal, Boris Johnson resigns as foreign secretary along with David Davis, the Brexit secretary
Reuters
11/20 Draft withdrawal agreement – 15 November 2018
The draft withdrawal agreement settles Britain’s divorce bill, secures the rights of EU citizens living in the UK and vice versa and includes a political declaration commiting both parties to frictionless trade in goods and cooperation on security matters. The deal also includes the backstop, which is anathema to many brexiteers and Dominic Raab and Esther McVey resign from the cabinet in protest
Getty
12/20 May resigns – 24 May 2019
After several failed attempts to pass her withdrawal agreement through the commons, Theresa May resigns
Reuters
13/20 Johnson takes over – 24 July 2019
Boris Johnson is elected leader of the Conservative party in a landslide victory. He later heads to Buckingham Palace where the Queen invites him to form a government
Getty
14/20 Parliament prorogued – 28 August 2019
Boris Johnson prorogues parliament for five weeks in the lead up to the UK’s agreed departure date of 31 October.
Stephen Morgan MP
15/20 Prorogation ruled unlawful – 24 September 2019
The High Court rules that Johnson’s prorogation of parliament is ‘unlawful’ after a legal challenge brought by businesswoman Gina Miller
Getty
16/20 Johnson agrees deal with Varadkar – October
Following a summit in Merseyside, Johnson agrees a compromise to the backstop with Irish prime minister Leo Varadkar – making the withdrawal agreement more palatable to Brexiteers
Getty
17/20 Final Say march demands second referendum – 19 October 2019
As parliament passes the Letwin amendment requiring the prime minister to request a further delay to Brexit, protesters take to the streets in the final show of force for a Final Say referendum
Getty
18/20 Johnson wins 80 seat majority – 12 December 2019
The Conservatives win the December election in a landslide, granting Boris Johnson a large majority to pass through his brexit deal and pursue his domestic agenda
Getty
19/20 Withdrawal deal passes parliament – 20 December 2019
The withdrawal agreement passes through the commons with a majority of 124
Getty
20/20 EU parliament backs UK withdrawal deal – 29 January 2020
Members of the European parliament overwhelmingly back the ratification of Britain’s departure, clearing the way for Brexit two days later on 31 January. Following the vote, members join hands and sing Auld Lang Syne
AFP/Getty
1/20 Britain votes to leave the European Union – 23 June 2016
A referendum is held on Britain’s membership of the European Union. Fifty-two per cent of the country votes in favour of leaving
AFP via Getty
2/20 David Cameron resigns – 24 June 2016
David Cameron resigns on the morning of the result after leading the campaign for Britain to remain in the EU
Getty
3/20 Theresa May takes the reins – 13 July 2016
Theresa May becomes leader of the Conservative party and prime minister, winning the leadership contest unopposed after Andrea Leadsom drops out
Getty
4/20 High Court rules parliament must vote on Brexit – November 2016 – 3 November 2016
The High Court rules that parliament must vote on triggering Article 50, which would begin the Brexit process
5/20 Article 50 triggered – 28 March 2017
The prime minister triggers Article 50 after parliament endorses the result of the referendum
Getty
6/20 May calls snap election – 18 April 2018
Seeking a mandate for her Brexit plan, May goes to the country
Getty
7/20 May loses majority as Labour makes surprise gain – 8 June 2017
After a disastrous campaign, Theresa May loses her majority in the commons and turns to the DUP for support. Jeremy Corbyn’s Labour party makes gains after being predicted to lose heavily
AFP/Getty
8/20 Negotiations begin – 19 June 2017
David Davis and Michel Barnier, chief negotiators for the UK and EU respectively, hold a press conference on the first day of Brexit negotiations. Soon after the beginning of negotiations, it becomes clear that the issue of the border between Northern Ireland and the Republic will prove a major sticking point
AFP/Getty
9/20 MPs vote that withdrawal deal must be ratified by parliament – 13 December 2017
The government suffers a defeat in parliament over the EU withdrawal agreement, guaranteeing that MPs are given a ‘meaningful vote’ on the deal
10/20 Boris Johnson resigns as foreign secretary – 11 July 2018
Following a summit at Chequers where the prime minister claimed to have gained cabinet support for her deal, Boris Johnson resigns as foreign secretary along with David Davis, the Brexit secretary
Reuters
11/20 Draft withdrawal agreement – 15 November 2018
The draft withdrawal agreement settles Britain’s divorce bill, secures the rights of EU citizens living in the UK and vice versa and includes a political declaration commiting both parties to frictionless trade in goods and cooperation on security matters. The deal also includes the backstop, which is anathema to many brexiteers and Dominic Raab and Esther McVey resign from the cabinet in protest
Getty
12/20 May resigns – 24 May 2019
After several failed attempts to pass her withdrawal agreement through the commons, Theresa May resigns
Reuters
13/20 Johnson takes over – 24 July 2019
Boris Johnson is elected leader of the Conservative party in a landslide victory. He later heads to Buckingham Palace where the Queen invites him to form a government
Getty
14/20 Parliament prorogued – 28 August 2019
Boris Johnson prorogues parliament for five weeks in the lead up to the UK’s agreed departure date of 31 October.
Stephen Morgan MP
15/20 Prorogation ruled unlawful – 24 September 2019
The High Court rules that Johnson’s prorogation of parliament is ‘unlawful’ after a legal challenge brought by businesswoman Gina Miller
Getty
16/20 Johnson agrees deal with Varadkar – October
Following a summit in Merseyside, Johnson agrees a compromise to the backstop with Irish prime minister Leo Varadkar – making the withdrawal agreement more palatable to Brexiteers
Getty
17/20 Final Say march demands second referendum – 19 October 2019
As parliament passes the Letwin amendment requiring the prime minister to request a further delay to Brexit, protesters take to the streets in the final show of force for a Final Say referendum
Getty
18/20 Johnson wins 80 seat majority – 12 December 2019
The Conservatives win the December election in a landslide, granting Boris Johnson a large majority to pass through his brexit deal and pursue his domestic agenda
Getty
19/20 Withdrawal deal passes parliament – 20 December 2019
The withdrawal agreement passes through the commons with a majority of 124
Getty
20/20 EU parliament backs UK withdrawal deal – 29 January 2020
Members of the European parliament overwhelmingly back the ratification of Britain’s departure, clearing the way for Brexit two days later on 31 January. Following the vote, members join hands and sing Auld Lang Syne
AFP/Getty
It highlights how – although most of the focus for the no-deal threat is on the consequences for trade and travel – the implications for security are also profound.
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Theresa May has been publicly critical of Boris Johnson’s lack of attention to that aspect of co-operation, after she sought an overarching agreement with Brussels.
In a letter to the Lords EU security and justice sub-committee, James Brokenshire, the security minister, acknowledged “some mutual loss of capability” from a crash-out Brexit.
But he claimed: “The UK has well-developed and well-rehearsed plans in place to transition cooperation with EU member states to alternative, non-EU arrangements.”
However, in February, Richard Martin, the NPCC’s deputy assistant commissioner, told the committee: “We want to make sure there is not a gap between what we have now and what we have in the future, because fast, real-time access to intelligence and data… is absolutely critical.”
Even with a deal, access to SIS II is threatened by an ongoing row with Brussels over the UK breaking its rules and a failure to put that right.
The EU ordered the UK to stop making illegal copies of data, ensure that copies of data are up to date and improve the functionality of the Police National Computer.