Rt Hon James Brokenshire MP Minister of State for Security

2 Marsham Street, SW1P 4DF www.gov.uk/home-office

Sir William Cash European Scrutiny Committee House of Commons London SW1A 0PW

By email only.

25 November 2020

Dear Sir William,

Thank you for your letter of 21 October and for elucidating further on your concerns regarding the inclusion of suspects’ profiles in DNA and fingerprint exchanges with other Prüm participating countries. As I explained in previous correspondence, the Government felt it was appropriate to exercise its authority to effect a change to one of a suite of safeguards in light of the significant operational benefits of the change and other strong safeguards in place to protect UK citizens. This decision was taken following wide and detailed consultation, as previously explained. I recognise that you do not share this view, but I take this opportunity to thank you and your Committee again for its thorough work on this issue.

You will be aware that we continue to discuss with the EU an agreement on law enforcement and criminal justice cooperation and I’m sure you can appreciate that it would not be appropriate for me to expand on the details of a live negotiation at this stage, but we continue to engage constructively to provide updates through the usual mechanisms including Committee appearances and statements to the House. Parliament will of course have sufficient opportunity to scrutinise the UK-EU negotiations in due course.

We have always been clear that this agreement should equip operational partners on both sides with the capabilities that help protect citizens and bring criminals to justice. As set out in the UK’s published Approach to Negotiations, we believe an agreement in this area should include: arrangements that support data exchange for law enforcement purposes; operational cooperation between law enforcement authorities; and judicial cooperation in criminal matters. Discussions have been constructive and there is a good degree of convergence in what the UK and EU are seeking to negotiate in terms of operational capabilities. However, we must and do continue to prepare for all possible scenarios at the end of the Transition Period and we have well-developed and well-rehearsed plans in place to ensure the smooth transition to cooperation via alternative, non-EU arrangements should these be necessary.

I am copying this letter to the Chair (Rt Hon Hilary Benn MP) and Clerk (Gordon Clarke) of the Committee on the Future Relationship with the ; the Chair (Rt Hon MP) and Clerk (Elizabeth Hunt) of the Home Affairs Committee; the Chair (Sir Robert Neill MP) and the Clerk (David Weir) of the Justice Committee; the Chair (Rt Hon QC MP) and the Clerk (Lucinda Maer) of the Joint Committee on Human Rights; the Chair (Rt Hon MP) and Clerk (Danielle Nash) of the Science and Technology Committee; the Chair (the Earl of Kinnoull) and Clerk (Stuart Stoner) of the Lords European Union Committee; and Les Saunders and Donald Harris in the Cabinet Office. I am also sending a copy to the Biometrics Commissioner (Professor Paul Wiles).

RT HON JAMES BROKENSHIRE MP MINISTER OF STATE FOR SECURITY