Clegg: Theresa May's approach to Brexit is a threat to national security

29 May 2017

Nick Clegg has accused Theresa May of putting national security at risk by pursuing an extreme Brexit that will see Britain locked out of an EU police database used by UK police and security services 16 times a second.

The Schengen Information System (SIS II) is an EU-wide database on organised criminal and terrorist suspects across 28 countries, including 35,000 people wanted under a European Arrest Warrant. It includes alerts on suspected 'foreign fighters' - people who have travelled to Syria and elsewhere to fight for ISIS.

  • UK police and security services queried the database over half a billion times in 2016 - equivalent to 16 checks a second.
  • 53 people are detained and questioned under anti-terrorism laws at ports and airports every day, where they can be checked against the database by UK Border Force officers.
  • In April 2016, the UK received 25 hits on alerts issued by other participating countries in relation to individuals who could pose a risk to national security.
  • The UK would lose access to the database under Theresa May's plans to leave the jurisdiction of the European Court of Justice. Unless this position changes, UK authorities will see their access to the database cut off on 29th March 2019.

Nick Clegg has challenged Theresa May to answer three vital questions:

  1. How will we maintain access to SIS II without accepting the jurisdiction of the European Court of Justice?
  2. What contingency plans has she put in place to mitigate the loss of this information on the movement of terrorist suspects across the continent?
  3. How will we issue instructions to other EU countries to stop and question terror suspects if we are no longer part of this system?

Nick Clegg commented:

"Theresa May's extreme approach to Brexit will have the direct consequence of severing our ties to a fantastically useful weapon in our armoury against terrorism.

"By refusing to accept a role for the European Court of Justice in policing this European-wide database, she has ruled out our future participation with it.

"It is hard to overstate the importance of this database. We check it 16 times a second, looking for security threats that have been flagged to us by other European countries. And we use it to tell other countries to stop and question people who we think are potential terrorists.

"This is euroscepticism gone mad. If she fails to back down, Theresa May's approach to Brexit poses a direct threat to our national security."

  1. The second-generation Schengen Information System allows police forces to share real-time 'alerts' on suspects, vehicles, firearms, and other property. The system contains some 66 million reports, including information on 35,000 people wanted under a European Arrest Warrant, as well as alerts on suspected foreign fighters and missing people. It also plays an important role in counter-terrorism operations by allowing suspects under surveillance by intelligence agencies to be flagged on the system.
  2. SIS II alerts are made available to the police through the Police National Computer (PNC) and to Border Force officers at the immigration controls at our ports of entry. In the year ending 31 December 2016, a total of 19,355 people were stopped and questioned under Schedule 7 of the Terrorism Act 2000 at ports and airports in Great Britain. This is equivalent to 53 people a day.
  3. The UK only gained access to SIS II in April 2015. Since then, it has rapidly become the second-largest user of the database. Much of the UK's access is automated: for example, suspect vehicles filmed on police Automatic Number Plate Recognition cameras are checked electronically against the database. UK police and security services queried the database over half a billion times in 2016 - equivalent to 16 checks a second.
  4. Due to the sensitive nature of the data held on SIS II, access is limited to EEA countries that abide by the rulings of the European Court of Justice (ECJ). The ECJ is the guarantee that EU citizens' data isn't wrongly added to the system or misused as a result. Theresa May has insisted that the UK must leave the jurisdiction of the ECJ when we leave the EU. Unless this position changes, UK authorities will see their access to the database cut off on 29th March 2019.
  5. Since the UK connected to the new system in April 2015 these alerts have been available in real time to officers on the ground via the Police National Computer. Further details of the UK's use of SIS II are here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/521926/The_UK_s_cooperation_with_the_EU_on_justice_and_home_affairs__and_on_foreign_policy_and_security_issues.pdf
  6. Statistics on the use of SIS II across the EU are here: http://www.eulisa.europa.eu/Publications/Reports/SIS%20II%20-%20Statistics%202016.pdf
  7. UK authorities queried the SIS II 513,349,896 times in 2016. This is the equivalent of 1,408,658 queries a day, 58,694 queries per hour, 978 queries per minute, or 16 queries per second.
  8. These UK queries generated alerts on 28,472 persons of interest along with 113,414 vehicles and 1,768 firearms.
  9. The UK is the second biggest user of SIS II after France. Across the whole of the EU, the system was queried almost 4 billion times in 2016.
  10. Julian King, the Conservative UK EU Commissioner for the Security Union, has described SIS II as "the biggest and best EU-wide law enforcement database we've got."
  11. The European Commission has recently published proposals to strengthen SIS II in the wake of the Paris attacks by combining it with EU criminal records and fingerprint data.

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