What's New
on the
Statewatch website - archive: 2007
December
2007
EU: RETURNS DIRECTIVE:Updated
compilation: No!
To the Outrageous Directive (pdf, 2.4MB) Website: outrageousdirective.org (link) The petition
against the adoption of this EU Directive has now been signed
by over 18,000 individuals and 600 organisations.See: Background
Australia's
controversial national ID program hits the dumpster (link)
Britain's
own Guantánamo The injustices faced by those charged with
control order breaches are indefensibly brutal by Gareth Peirce (Guardian,
link)
UK-LOST
FILES & DATA PROTECTION: On 17 December 2007 the UK Transport Minister,
Ruth Kelly, announced that the records of over 3 million driving
test applicants - including their names, home addresses, e-mail
addresses and telephone numbers - had been lost in Iowa in the
USA. The hard drive with all the data was lost after it had been
taken to Minnesota to be backed-up. The UK data was held at the
"worldwide data centre" in Iowa of the global multinational
Pearsons (USA) - Pearson Driving Assessments Limited which got
the contract is registered in the UK. See: Three
million L-drivers hit in lost data fiasco (Daily Telegraph, link)
and Personal
details of millions of learner drivers lost by contractor in
Iowa
(Guardian, link)
In November Raytheon Systems Ltd of the UK headed a consortium which won a £650 million Home Office contract to track, profile and check against "watch-lists" everyone entering and leaving the UK - see Trusted Borders (pdf) The parent company Raytheon USA, has 73,000 employees world-wide and describes itself as:"a technology leader specialising in defence, homeland security, and other government markets throughout the world. With a history of innovation spanning more than 80 years, Raytheon provides state-of-the-art electronics, mission systems integration, and other capabilities in the areas of sensing; effects; command, control, communications and intelligence systems." See: We must not tolerate this putsch against our freedoms by Henry Porter (Observer, link)
Tony Bunyan, Statewatch editor, comments:
"The loss of personal data of 3 million people, following the loss by the UK's Revenue and Customs loss of 25 million personal records, raises serious questions about data security.
However, another arises when personal data gathered in the UK, under government contract, is held in the USA. We know from the money transfer SWIFT scandal and the EU-PNR personal data transfer scheme that any data held in the USA can be made available to US security and law enforcement agencies in connection with any violation of US law. So it has to be asked: What data protection rights do people in the UK have over the use, processing and further transfer of their data if it is held in the USA?"
EU-RFID: Opinion
of the European Data Protection Supervisor (Press release, pdf)
Full-text
of Opinion
(pdf). The EDPS says that with the commonplace use of RFID chips:
"the risk increases that the Information Society moves
closer to a situation where automated decisions will be taken
and where technology will be abused in order to regulate the
human behaviour." He goes on to observe that "Self-regulation
alone may not be enough to meet the challenge" and that
legislation might be needed if self-regulation fails and that
such "measures should notably lay down the opt-in principle
at the point of sale as a precise and undeniable legal obligation"
Tony Bunyan, Statewatch editor, comments:
"To wait
to see if self regulation fails before laying down the opt-in
principle at the point of sale as a precise and undeniable legal
obligation should not be an option. The great majority of commercial
companies will not voluntary do this as it is not in their interests
and will cost them money"
EU-UK: Bill on the
Lisbon ("Reform") Treaty published: Full-text
of Bill
(pdf) Explanatory
Notes
(pdf)
EU: Slovenian
Council Presidency meetings programme (pdf)
EU: Detention Centres report for European Parliament: The
conditions in centres for third country national (detention camps,
open centres as well as transit centres and transit zones) with
a particular focus on provisions and facilities for persons with
special needs in the 25 EU member states " (2.35 MB, pdf)
EDPS: Implementing
rules of Prüm Initiative should ensure accuracy in DNA and
fingerprint data exchanges (Press release. pdf) Full-text
of Opinion (pdf)
UK-ECJ: Court
of Justice judgment on UK case: The Council was right to refuse
to allow the United Kingdom to take part in the adoption of the
Frontex Regulation and the Regulation establishing standards
for security features and biometrics in passports (press release, pdf)
US-CIA: Detention
sites
(press release) Full-text
of report
(link, pdf)
UK/Spain: Spanish
lawyer questioned using antiterrorist powers in King's Cross
Gustavo Garcia, a lawyer from Vigo (Galicia) and member of the
civil liberties and human rights observatory Esculca, and Mahmut
Colak, a Kurd who has Spanish nationality and resides in London,
were held and questioned separately for over three hours on arrival
at 8 a.m. at London's Saint Pancras train station from Brussels
on 6 December 2007. They were returning from participating in
the "Fourth International Conference about the EU, Turkey
and the Kurds" on 3 and 4 December, endorsed by the
European Parliament and whose patrons included bishop Desmond
Tutu and Norman Mailer.
EU: RETURNS DIRECTIVE: Council of Europe: On
eve of International Migrants Day, PACE committee head slams
EU proposals for irregular migrants (press release, Strasbourg, 17.12.2007).
"An EU proposal to fix at 18 months the maximum period of detention for irregular migrants in Europe “flies in the face of humanity”, according to the Chair of the Migration Committee of the Council of Europe Parliamentary Assembly (PACE)."
CoE PACE: Resolution (pdf) and Recommendations (pdf)
Standing Committee of experts (Utrecht) - Opinion (pdf) and see also: ECRE-AI letter (pdf)
Hearing with NGOs on the Return Directive, Wednesday, 12 December 2007, European Parliament, Strasbourg The Group GUE/NGL host key NGOs to debate the return directive and the future of European immigration policy: 17.00 hrs with Migreurop (European NGOs Network), European Conference of Churches (tbc), GISTI (France), CIRE (Belgium), Statewatch (EU civil liberties), ARCI (Italy), KERK IN ACTIE (Netherlands, tbc), CIMADE (France), PRO ASYL (Germany) (tbc) See also:
- No to the Outrageuous
Directive - Appeal to Members of the European Parliament (link)
- "State of play": For the rejection of the Directive:
English
(pdf) and French
(pdf)
- Conference of European
Churches - Press Release No.07-45/e 19 November 2007: CEC Central
Committee concerned about administrative detention of migrants
and re-entry ban in EU countires (pdf)
- Against
the detention and forced removal of minors (link)
- Commission
Proposal for a Directive on common standards and procedures in
Member States for returning illegally staying third-country nationals
(original)
- European
Parliament draft Resolution for debate at plenary session
(pdf)
Background:
- Statewatch
analysis: The original EU Directive on return expulsion
(Frances Webber analysis, April 2007)
- Statewatch
analysis: Revising the proposed EU Expulsion Directive
(Steve Peers analysis of German text, April 2007)
- House of Lords Select Committee on the EU: Illegal
Migrants: proposals for a common EU returns policy (May
2006, pdf)
SCOTLAND: SNP's
random rail search concerns (BBC News, link)
UK: 42 DAYS DETENTION PROPOSAL REJECTED: Parliamentary Joint
Human Rights Committee report urges government to drop 42 days
detention: Counter–Terrorism
Policy and Human Rights: 42 days (4.35 MB, pdf) This follows a similar
rejection of the proposal by the House of Commons, Home Affairs
Select Committee: The Government's Counter–Terrorism
Proposals
(pdf)
More calls to ditch terror plans: Ministers have been urged to drop proposals to extend the limit on holding terror suspects without charge (BBC News, link) The joint committee on human rights (JCHR) also said proposed safeguards in the plan would be "virtually useless".
Statewatch's
Observatory on the "terrorist lists" has been updated with the following items:
- Pakistan launches fresh offensive in Baluchistan, Britain accused
of Baluchi "prisoner swap";
- Denmark: Seven activists facing prison for symbolic support
of PLFP and FARC;
- UK: POAC rules proscription of the People's Mojahedin Organisation
of Iran (PMOI) unlawful;
- Procedures for blacklisting individuals suspected of terrorist
links are unworthy of the UN Security Council and EU, says Council
of Europe;
- European Court of Justice strikes down European Commission's
decision to grant anti-terrorism assistance to the Philippines
government;
- Four new challenges against EU 'terrorist' lists lodged at
Court of First Instance;
- European Court of Justice rules that it is illegal to sell
property to people whose assets have been frozen under Community
law.
EUROPEAN PARLIAMENT: Fighting terrorism
can never be an excuse to violate human rights, say MEPs (Press release, 12.12.07,
pdf)
CIA RENDITION-IRISH HUMAN RIGHTS COMMISSION report: "Extraordinary
rendition" inspection and monitoring regime must be established
as a matter of urgency: Diplomatic assurances not enough says
Irish Human Rights Commission (Press release, 11 December 2007, pdf).
The
full text of the IHRC Report (20 MB, link)
"The report concludes that diplomatic assurances received from the US Government are not sufficient for Ireland to satisfy its human rights obligations with regard to the issue of ‘extraordinary rendition’ flights passing through Irish territory.
The Commission recommends that an effective inspection regime be put in place to ensure that no foreign aircraft which might be suspected of involvement in the illegal practice of ‘extraordinary rendition’ may land and refuel in Ireland. An effective inspection regime will ensure that no prisoners are transited through the State en route to a situation of torture or inhuman or degrading treatment or punishment."
EU: Council
Conclusions: Adopting the Work Programme on Minimising Safety,
Security and Public Order Risks in Connection with Football Matches
with an International Dimension (pdf) and Communication
from the Commission on the 2007 Progress Review of the implementation
of the EU Action Plan on Drugs (2005-2008) (pdf)
UK-CIVIL LIBERTIES: The Guardian newspaper is running
a series of articles on civil liberties (links):
- At
last the great divide is coming into focus: It's not left versus
right that matters any more. The real division is between authority
and personal liberty by Henry Porter
- The
left should beware the rightwing wolf in civil liberties sheep's
clothing
by Polly Toynbee
- The
liberties stripped from the weak today could be lost to us all
tomorrow: Plans to extend pre-trial detention have sparked opposition
- yet many are already locked up for months without charge by
Natasha Walter
- The
policing of the artist: Officers are now imposing their own conformity
on the culture of the street by Madeleine Bunting
- Labour's
decade is liberty's best since the vote was won by Jack Straw
- Help
me put Gordon in jail: If MPs pass ridiculous laws to limit our
freedom, they should be forced to abide by them too by Mark Thomas
Although not part of the series this article is pertinent:To believe in a European utopia before Muslims arrived is delusional: It is pernicious to regard prejudiced views within migrant communities as exclusive to either them or their cultures by Gary Younge
Updated 10 December: EU: JUSTICE AND HOME AFFAIRS COUNCIL, 6-7
December 2007, Brussels: Final press
release
(pdf) Background
Paper
(pdf). "B"
points agenda
and "A"
points agenda
(adopted without discussion) Adopted as "A" Points
at the Council: Council
Recommendation concerning a Handbook for police and security
authorities concerning cooperation at major events with an international
dimension
(pdf)
UK: Home
Secretary wants 42-day detention prior to charge for suspected
terrorist offences (up from current 28 days limit) (BBC News, link)
See: Liberty:
Terrorism pre-charge detention - Comparative law study (pdf) Also published
6 December: Report
on proposed measures for inclusion in a Counter Terrorism Bill
by Lord Carlile (pdf) and Summary of
responses to the Counter Terrorism Bill consultation - Home Office (pdf)
EUROPEAN PARLIAMENT: Fighting terrorism
can never be an excuse to violate human rights, say MEPs (press release, pdf)
EU ACCESS TO DOCUMENTS: Speech
by the European Ombudsman to the Civil Liberties Committee of
the European Parliament (pdf)
Italy: Quota
for migrant workers set
November 2007
EU-ECJ: excellent opinion today by Advocate-General
Maduro, calling for the Court to annul the Council's refusal
to hand over its legal service advice relating to the reception
conditions directive: A-G
Opinion on Turco case (pdf)
UK: The
Select Committee on the Constitution Surveillance and Data Collection
(pdf) Evidence from the Information Commissioner
UK:
National
CCTV Strategy
- Home Office (pdf)
EU-TERRORISM: Latest Council reports:
a) Implementation
of the Strategy and Action Plan to Combat Terrorism -
state by state breakdown; b) Counter-terrorism
Coordinator - six monthly report c) The
EU Strategy for Combating Radicalisation and Recruitment - Implementation
report
EU: Charter
of fundamental rights - text ready for adoption (pdf) That is, the Charter
the UK has opted out of.
ECHR: Very important judgment by the
European Court of human rights: Tillack
v Belgium (Press release, pdf)
"The Court held unanimously
that there had been a violation of Article 10 (freedom of expression)
of the
European Convention on Human Rights as a result of searches carried
out at the home and office of the
applicant, a journalist."
DATA
PROTECTION & PNR (passenger name record):29th International
Conference of Data Protection and Privacy Commissioners Montreal,
Canada, 26-28 September 2007: Resolution on the urgent
need for global standards for safeguarding passenger data to
be used by governments for law enforcement and border security
purposes
(pdf)
EU-KOREA-PNR:
Letter
to the Council Presidency from the Article 29 Working Party (pdf) As of 1 December
2007, European air carriers will be required to transfer passenger
data to the Korea Customs Service but the EU Data Protection
authorities say: "it has to be stressed that Korea does
not offer an adequate level of data protection"
UK: Justice report: A British
Bill of Rights: Informing the debate (168 pages, pdf)
EU-PNR-AUSTRALIA: The EU is planning
to open negotiations with Australia to give it access to PNR
data
(pdf) Currently there are agreement with the USA and Canada
EU-SPAIN-ITALY: Rescue
at sea - Information from the Spanish and Italian delegations (pdf) Despite the title
these delegations are calling for the creation of: "surveillance
and alert systems, of a permanent nature, on the coasts of the
European Union States". They are proposing that the
EU "integrate" the international Law of the Sea in
its legislation including powers to board, remove people and
impose sanctions on those who fail to obey.
EU-COMITOLOGY:
Commission
report setting out new procedures for the exercise of implementing
powers
(COM 740, 2007, pdf) "Comitology" refers to the implementation
of measures to put into practice legislative measures. Following
a decision in July 2007 the European Parliament is to be given
new powers of scrutiny - affecting over 200 measures.
GREECE: Vodafone
faces court case in 'bugging' row - Parents believe their son
was murdered before he could blow the whistle (The Observer, link)
EU: In the wake of the UK scandal with the loss of the personal
details of 25 million people the rapporteurs on the Visa Information
System (VIS) and the Schengen Information System II (SIS II)
in the European Parliament, Sarah Ludford and Carlos Coelho,
have sent a letter to Commissioner Frattini: Letter
to Frattini
(pdf)
"The data protection challenges presented by the large scale biometrics data bases, such as VIS, SIS II and Eurodac, is compounded by giving law enforcement access to these data-bases."
EU: European Parliament and the Council of the European Union
on a collision course over the age children should be finger-printed
for travel documents: Today the Civil Liberties Committee
of the European Parliament adopted a report on visas for visitors
entering the EU which sets the limit for the fingerprinting of
children at 12 years old and above - the Council (the 27 governments)
want to set the standard as 5 years old and above: European
Parliament press release, 21 November 2007 (pdf) The Committee
report will be taken by the full plenary session of the parliament
at the end of November.
As this measure is subject to co-decision by the European Parliament and the Council they have to agree on the final text. If the standard for fingerprinting children is set at 12 years old and above for visas the same standard would have to apply to EU passports and ID cards.
EU-AIR-SECURITY: EU
states clash with MEPs over new security measures (euobserver, link)
UK: Computer records of the personal data of 25 million people
goes missing: The Chancellor of the Exchequer told the House
of Commons that two computer disks dispatched by HM Revenue and
Customs had gone missing: "The missing information contains
details of all Child Benefit recipients: records for 25 million
individuals and 7.25 million families." UK's
families put on fraud alert: Two computer discs holding the personal
details of all families in the UK with a child under 16 have
gone missing
(BBC News, link)
This has happened against the background of an on-going debate about ID cards, the National Health database (the full medical records of everyone) and the lack of protection given by private companies to personal data held by them which can be passed on to others overseas (eg: the SWIFT scandal). See also: Family doctors to shun national database of patients' records: More than half would seek specific consent · Security fears dominate concerns, poll shows (Guardian, link) and How the cookie crumbles for Egg savers: Internet: Feathers fly as customers are told their personal details may go overseas (Guardian, link)
Italy: Renditions:
Britel announces hunger strike
EUROPEAN PARLIAMENT: Resolution
on Romania
(link) and Frattini
under fire for defending Italy's handling of Roma (euactiv, link)
UK: We
must not tolerate this putsch against our freedoms: A few journalists
and MPs are prepared to fight the government's sinister anti-libertarianism.
More people should join them by Henry Porter (Observer, link) and
Now
passengers need ID to travel within Britain (Mail on Sunday, link)
UK-DETENTION-WITHOUT-CHARGE: LIberty:
Terrorism pre-charge detention - Comparative law study (pdf) Excellent report
from Liberty: "This report demonstrates that the existing
28 day limit for pre-charge detention in the United Kingdom already
far exceeds equivalent limits in other comparable democracies."
EU: "On
RFID – The Next Step to THE INTERNET OF THINGS" (EU doc no: 14681/07).
Council Presidency paper setting out the future of "chips
with everything". The word "THINGS" can include
clothes, cars, tickets, food etc, the "internet of things"...does
not only link computers and communications terminals, but potentially
any of our daily surrounding objects – be they clothes,
consumer goods, etc” and includes "nanoelectronics,
which supplies the intelligence, memory, sensing, and Radio Frequency
capability to RFID tags." Overall: "RFID is
an important building block for the future INTERNET OF THINGS
which in the next two decades is likely to attain numbers of
connected appliances and sensors of orders of magnitude estimated,
respectively, in tens and hundreds of billions. It is, therefore,
a major opportunity for Europe R&D and for Europe ICT industry..."
Tony Bunyan, Statewatch editor, comments:
"Throughout the whole emphasis is on the global economic market potential. References to "privacy" and "data protection" are of course obligatory but lack any substance. If the current, and planned, EU laws are any guide privacy and data protection will be concepts without content"
EU: High-level EU committee discusses an EU-wide database
on protesters. The Article 36 Committee (high-level officials
from national Interior/Justice Ministries) which services the
EU's justice and Home Affairs Council, discussed at its meeting
on 22-23 October 2007 (EU doc no: 15079/07):
"Information sharing on violent trouble makers related to large scale events: The German delegation presented its paper about possible options for sharing information on violent troublemakers at large events. It was agreed that the SIS/SIRENE group would examine the possibility of using the SIS for this exchange of information."
This issue came up at the recent G6 group of EU states (France, Germany, Italy, Poland, Spain and the UK meeting in Poland: Joint Declaration by the Ministers of Interior of G6 States Sopot, 18 October 2007 including a direct reference to the mass protests at the G8 Heiligendamm Summit earlier this year the Ministers refer to the "acts of violence" at "mass events" which affected the "security of participants" and want to "continue the discussion" on "providing security and public order". See Statewatch report: Heiligendamm G8 Summit: a chronology of protest and represssion
FRATTINI: EU
commissioner blasted over Roma comments (eupolitixs, link)
UK: Border and Immigration Agency Complaints Audit Committee:
Report:
full-text
(pdf) Damning report says in 95% of cases, those investigating
the complaints had been from the companies under investigation.
The report says:
"In the past year only 29% of cases alleging misconduct by named officials and contract staff were handled in time. Investigations into these misconduct complaints have in our assessment remained poor. Only 8% of complainants were interviewed, thus kicking off an inequitable consideration of the complaint. We found that 89% of investigations were neither balanced nor thorough, and that as a consequence, 83% of replies were indefensible."
Migrant complaint policy shake-up (BBC News, link)
UK-TERRORISM: Security
in a Global Hub Establishing the UK’s new border arrangements (101 pages, 14 November
2007) and Prime
Minister's statement on terrorsm plans, 14 November 2007
ECHR: Marper v UK case concerning the retention of fingerprints
and DNA: Summary
of the case
(pdf) and Detailed
expert submission on DNA and fingerprints (pdf) A decision is
expected in February 2008.
EUROPEAN DATA PROTECTION SUPERVISOR: Report
on the EURODAC audit: EDPS welcomes conclusions for improved
security of the system (Press release, pdf) and a technical report on
security: Summary
report on the EURODAC Audit (pdf)
COUNCIL OF EUROPE: Procedures for blacklisting
individuals suspected of terrorist links are unworthy of the
UN Security Council and EU (12 November 2007, full-text of report,
pdf) says PACE. The Legal Affairs Committee of the Council of
Europe Parliamentary Assembly (PACE), which today approved a
report by Dick Marty (Switzerland, ALDE). These procedures, which
are "unworthy" of the UN and EU, must urgently be overhauled
to make them fairer. Earlier report by Marty: UN
Security Council black lists (March 2007, pdf)
Italy: Murder
causes anti-Romanian backlash and opens way for the expulsion
of EU nationals
EU: Standing Committee of experts on international immigration,
refugees and criminal law (Utrecht) submission to the Commission
on: Proposal
to give law enforcement authorities access to Eurodac (pdf)
"There are five core arguments why the intended proposal in our view would be unlawful: firstly, access to Eurodac data for law enforcement authorities would be irreconcilable with the present purpose limitation of the Eurodac regulation, secondly, there is no legal basis in EC law for extending the use of Eurodac with security purposes. Thirdly, such an extension is incompatible with basic principles of European law, international standards, and constitutional law of the Member States, the observance of which the Court of Justice ensures. Fourthly, data protection authorities lack sufficient means to protect the rights of asylum seekers and fifthly, the proposal will affect the integrity of Eurodac."
Updated: Statewatch
online resources - UK laws - Acts of Parliament: 1988 - ongoing
On
the path to barbarity: It is no accident that those who advocate
war for humanitarian reasons end up justifying torture by John Laughland (Guardian,
link)
UK: Analysis: Criminal justice
and immigration bill 2007
The Criminal Justice and Immigration Bill 2007 is the 55th bill of its kind introduced by the Labour government since 1997. Despite its name, the bill is fundamentally concerned with criminality. With just one out of twelve parts dealing with immigration, and even then in connection with criminality, it seems as rational to have called it the Criminal Justice and Policing Bill It can only be assumed that its actual title is a result of the governments continued reaction to right-wing, anti-immigration sentiments that demand action and continually conflate immigration with criminality.
EU-REFORM TREATY: Two new analyses from Steve Peers, Professor
of Law, University of Essex: Analysis
no. 3.6: Revised text of Part Five of the Treaty establishing
the European Community (TEC): EU institutions (pdf) and Analysis
no. 3.7: Revised text of Part Seven of the Treaty establishing
the European Community (TEC): Final provisions (pdf) For full set of
analyses and background see Statewatch's Observatory on the
Constitution/Reform Treaty
EU-JHA COUNCIL: Press
release for 8-9 November 2007 (Final, pdf) Final agendas for the Justice
and Home Affairs Council in Brussels on 8-9 November 2007: "B"
Point agenda
(pdf) and "A"
Points agenda
- adopted without discussion (pdf) Background
Note
(pdf)
EU-PNR: Reactions: European Airline
body dismayed at proposal for EU-PNR system (Association of European
Airlines, press release, pdf) Ulrich Schulte-Strathaus, Secretary
General of the Association of European Airlines said:
"Commissioner
Frattini's proposed decentralised system means that our carriers
will have to comply with 27 different national data collection
systems. We are
talking about an operational and technical nightmare – and
the Commission totally ignores the financial implications for
the airline industry, which we haven't even started assessing
yet."
The Association is also calling for the EU-PNR system to be "applied
to all transport modes, so as to avoid discrimination and competitive
distortions" (that is, to sea, rail and land travel).
Green group in the European Parliament: Civil liberties: New anti-terror measures seem unnecessary and incoherent (link) Dutch Green and civil liberties spokesperson Kathalijne Buitenweg said the:
"proposal on the retention of air passenger data in the EU seems unnecessary and incoherent. The Commission has made no attempt to justify why these measures are necessary and why the existing legislation is not sufficient - an existing Directive on passenger data from 2004 has yet to be fully implemented! (1) It is also incoherent to propose a European-level decision on data storage, while leaving the issues of data protection and how the data should be processed fully to national legislators."
ALDE (liberal group) in European Parliament: New EU anti-terrorism measures will further erode our civil liberties (link) Sophie In't Veld (D66, Netherlands) and EP rapporteur on PNR issues for the committee on Justice and Civil Liberties said:
" We
should not be compounding the mistakes of the July PNR agreement
with the US by introducing our own - at least until there is
serious and irrefutable proof that such mass exchange of personal
data is resulting in the arrest of terrorists.I remain adamant
that PNR data should not be used as an indiscriminate form of
data profiling."
Commission proposes EU-PNR: PNR (passenger name record)
scheme proposed to place under surveillance all travel in and
out of the EU
For full background and the European Commission's PNR proposal
see- Observatory:
EU surveillance of passengers (PNR)
EU-JHA COUNCIL: Press
release for 8 November 2007 (pdf) Final agendas for the Justice
and Home Affairs Council in Brussels on 8-9 November 2007: "B"
Point agenda
(pdf) and "A"
Points agenda
- adopted without discussion (pdf) Council
press release
(pdf) Background
Note
(pdf)
UK: Independent Police Complaints Commission report: Stockwell
One - on the shooting of Jean Charles de Menezes (full-text, pdf)
ECJ: Court of Justice rules against the Commission: The
Court of First Instance annuls the Commission Decision refusing
to disclose the names of all participants at a meeting in the
context of proceedings for failure to fulfil obligations (press release) and
Full-text
of judgment
(pdf) Today the European Court of Justice ruled that the European
Commission should have identified the people who attended an
anti-trust meeting. This should be a boost to campaigners who
want more transparency among lobbyists.European
Court verdict supports drive for increased transparency in EU
decision-making: Corporate Europe Observatory press release, 8 November 2007
EU-PNR: Tony Bunyan,
Statewatch editor, comments:
"Unless stopped in its tracks it is just a question of time before the scope of the EU-PNR scheme is extended to cover all crime, flights inside and between Member States and sea, land and rail travel as well."
European Commission PNR proposal: Summary of impact assessment (SEC 1422) (pdf) The EU-PNR scheme plans for the personal data of all travellers by air in and out of the EU to be checked against "watchlists". The terminology in this Impact Assessment at times refers to "terrorism and organised crime" and at other times to "terrorists and criminals" suggesting that the intended scope of the measure may be changed in the near future. This impression is confirmed when the assessment speaks of:
" a wider application at a later stage. It should be left to member states to extend the scope of the proposal to other modes of transport at this point.... the majority of consulted parties agree the scope of the proposal should be limited to air transport as a first step, with the possibility of extending it to other forms of transport at a later stage...At this stage, it is thought disproportionate to extend the scope of the proposal to flights from one Member State to another Member State and to internal flights within a Member State"
On data protection the assessment is equally confused. First, it refers to the draft Framework Decision on personal data in police and judicial matters which has yet to be agreed but which offers little or no protection - and anyway, only covers the transfer of data between member states not national laws. The assessment goes on to states that member states should:
"the Convention 108 for the Protection of Individuals with Regard to Automatic Processing of Personal Data of the Council of Europe. In practice, all Member States should also already have national legislation in place to cover data processing by law enforcement authorities."
The term "should" tells us that the Commission does not know. Moreover, the failure to fully incorporate of Council of Europe's Convention 108 of 1981 plus Recommendation 15 of 1987 and its two Additional Protocols in the proposed Framework Decision is highlighted by EU Data Protection Commissioners - see story below.
For full background and the European Commission's PNR proposal see- Observatory: EU surveillance of passengers (PNR)
EU-DATA PROTECTION:
Letter (pdf) and
Comments from EU Data Protection authorities to the Portuguese
Council Presidency on the draft Framework Decision on personal
data in police and judicial issues (pdf) The Working Party on Police and
Justice - nominated by the Conference of European Data Protection
Authorities observes that:
" the
European States committed themselves to fully complying with
Council of Europe Convention 108 of 1981 whose binding principles
also cover the activities in the police and law enforcement field.
Those principles were subsequently complemented by the adoption
by the Committee of Ministers of a specific Recommendation (R
(87) 15) regulating the use of personal data in the police sector,
and by two Additional Protocols... [and] it is especially urgent to ensure
that the level of protection to be afforded should not be lower
than that currently set out in the existing and binding legal
instruments.
The WPPJ stresses that for certain aspects the current text
of the proposal does not provide for the same level of protection
as defined in Convention 108. This certainly seems to be
the case with the provision on the further use of data received
from a Member State (Articles 3 and 12) and the right of access
(Article 17)."
These Articles concern proportionality and purpose and most crucially the fact the the individual will only have access to the data held on them (subject to many exceptions) if they make a formal request (Article 12) rather than being informed automatically that data on them is being processed and further transmitted.
Latest Draft of the Framework Decision on the protection of personal data in police and judicial matters (EU doc no: 14119/07, dated: 23 October 2007, pdf)
For full background and documentation see: Statewatch's Observatory on data protection in the EU
EU-PNR: Statement
from chair of European Parliament's Civil Liberties Committee (full-text, pdf)
"On a political and institutional basis, indiscriminate
access to billions of air passenger data profiles, the storing
of information for decades and above all their use for "data
profiling" in accordance with shady criteria, has provoked
serious reservations from the European Parliament.
The latter
has not yet received any credible information concerning the
real purpose of this type of exercise and questions its compliance
with Article 8 of the European Convention on Human Rights relative
to the protection of data."
For full background and the European Commission's latest proposal
see- Observatory:
EU surveillance of passengers (PNR)
EUROPEAN
OMBUDSMAN: Statewatch
wins complaint against the European Commission (full-story and documentation)
The European Ombudsman has declared a case of maladministration
against Commission for its failure to produce a 2005 annual report
on access to documents in 2006 and found it "especially
deplorable" as these reports are "a key mechanism
for accountability".
The European Ombudsman's Decision says that:
"In the Ombudsman’s view, the reasons given by the Commission to explain its failure, which refer to administrative and organisational constraints, do not show that there was an objective impossibility for the Commission to comply with its legal obligation (ultra posse nemo obligatur)" and
"The Ombudsman considers that the instance of maladministration revealed by the present inquiry is especially deplorable since the publication of reports is a key mechanism of accountability to, and communication with, European citizens. The Commission should set a good example to the many new Community Agencies which have recently been established by giving high priority in future to the timely publication of reports."
This is the first of two complaints lodged by Statewatch against the Commission. Previously Statewatch won eight complaints taken to the European Ombudsman against the Council of the European Union.
Fortress
Europe report on Libya: Escape
from Tripoli: Report on the conditions of migrants in transit
in Libya
(pdf)
EU: Proposed
expansion of EU terrorism law a threat to freedom of expression (Analysis and full-text
of Commission proposals)
It must be asked why the welcome proposals on "practical action to stem the use of explosives" have taken so long to be put forward? The Commission should focus on practical steps to improve cooperation between the Member States instead of trying to impose sweeping restrictions on freedom of expression
EU: All children in
the EU over six years old to be fingerprinted for EU passports
and ID cards. The European Commission is proposing that all
children over 6 are fingerprinted for EU passports (and nationally-issued
ID cards) - the only reason that those less than six years old
are not to be fingerprinted is a technical one: "the
fingerprints of children under the age of 6 seemed not to be
of sufficient quality for one-to-one verification of identity"
The term "and travel documents" mainly refers to the
use of nationally issued ID cards which are used to travel in
the EU Schengen area - in December 2006 the Council of the European
Union adopted a Resolution saying that the same standards had
to be used for ID cards as for EU passports (ie: the taking of
biometrics, fingerprints).
The new Regulation is proposed under Article 62(2)(a) of the Treaty establishing the European Community (TEC) which gives the European Parliament the power of co-decision with the Council of the European Union.
Tony Bunyan, Statewatch editor, comments:
"The taking of finger-prints from all children from the age of six upwards is highly questionable and is a moral and political question, not a technical one.
The European Parliament has the power of co-decision on this measure - it is to be hoped that it will reject it and do so in a way that is open and transparent for all to see"
Background:
- The initial
discussion on fingerprinting children took place in the context
of issuing biometric visas to visitors: Fingerprinting
of children
- EU
governments blackmail European Parliament into quick adoption
of its report on biometric passports
- EU:
Biometrics - from visas to passports to ID cards
- Secret
trilogues and the democratic deficit Under a new agreement between the Council
and the European Parliament the efficiency of decision-making
is enhanced at the expense of transparency, openness and accountability.
This is particularly the case on border controls, asylum and
immigration measures.
EU-G6 Communique: The G6 group of EU states is comprised of:
France, Germany, Italy, Poland, Spain and the UK meeting in Poland:
Joint
Declaration by the Ministers of Interior of G6 States Sopot,
18 October 2007 (pdf) Four points, from this secret meeting, stand
out: 1) The G6 states "will actively participate in the
works aimed at achieving the desired shape and scope of task
of the internal security committee" - this is reference
to the Standing Committee on operational cooperation (known as
COSI) to be created under the Reform Treaty; 2) They also welcome
"the work of the Futures group" - this is a
reference to the group set up under the German Council Presidency
earlier this year to draw up the next five year plan for justice
and home affairs (following the Tampere programme, 1999 and the
Hague programme, 2004) - despite promises none of the documents
being discussed are available; 3) Undoubtedly at the behest of
the UK the G6 Ministers noted the difficulty of expelling "non-nationals
who pose a threat to national security". The Minister
want to see an "EU commitment to "seek assurance
through diplomatic understandings" - a reference to
the highly controversial agreements reached by the UK to deport
people to Jordan, Libya and Morocco; 4) In a direct reference
to the mass protests at the G8 Heiligendamm Summit earlier this
year the Ministers refer to the "acts of violence"
at "mass events" which affected the "security
of participants" and want to "continue the discussion"
on "providing security and public order". See
Statewatch report: Heiligendamm G8 Summit: a chronology
of protest and represssion
- Conclusions
of the G6 meetings in Venice, 11-12 May 2007
- Conclusions
of Interior Ministers meeting 25-26 October 2006
- G6
meeting in Stratford upon Avon, UK
- G5 Group on Interior Ministers becomes G6: Meeting
of the Interior Ministers of France, Germany, Italy, Poland,
Spain and the United Kingdom, Heiligendamm, 22 and 23 March 2006
- Full-text of Conclusions
- Background see: UK Select Committee on the European Union slams G6's role and G6-G8-Prum: Behind closed doors - policy-making in secret intergovernmental and international fora
EU:
European Commission proposes EU-PNR: PNR (passenger
name record) scheme proposed to place under surveillance all
travel in and out of the EU
- All passengers to be "profiled" and the data kept
for 13 years
- EU PNR plan mirrors controversial EU-US PNR scheme
- European Parliament only to be "consulted"
- Data protection fiasco
- "not convinced of the necessity of such a
proposal and is therefore opposed to the proposal" (Article 29 Data Protection Working Party)
Tony Bunyan, Statewatch editor, comments:
"This is yet another measure that places everyone under surveillance and makes everyone a "suspect" without any meaningful right to know how the data is used, how it is further processed and by whom. Moreover, the "profiling" of all airline passengers has no place in a democracy.
We have already got the mandatory taking of fingerprints for passports and ID cards and the mandatory storage of telecommunications data of every communication, now we are to have the mandatory logging of all travel in and out of the EU.
The underlying rationale for each of the measures is the same - all are needed to tackle terrorism. Yet there is little evidence that the gathering of "mountain upon mountain" of data on the activities of every person in the EU makes a significant contribution. On the other hand, the use of this data for other purposes, now or in the future, will make the EU the most surveilled place in the world".
Germany
rolls out ePassport II - it's fingerprinting good! (The Register, link)
October 2007
EU-MANDATORY-RETENTION-OF-TELECOMMUNICATIONS-DATA: Germany:
Press freedom under attack: Big Brother Eyes German Journalists
(Speigel
Online, link) See: Statewatch Observatory: The
surveillance of telecommunications in the EU
See also: UK: Data retention: Statutory
Instrument 2007 No. 2199, Electronic Communications: The Data
Retention (EC Directive) Regulations 2007
entered into force
on 1 October 2007. All
phone-calls, e-mails, faxes, mobile phone calls (including locations)
have to be retained by service providers for access by law enforcement
agencies and a host of other public bodies. See Statewatch analysis:
Mandatory
retention of telecommunications traffic data to be "nodded"
through in the UK (pdf).
UK-CONTROL-ORDERS: An
injustice endorsed: The law lords have failed to properly recognise
the intolerable burden of control orders by Moazzam Begg (Guardian,
link)
USA-EU-REST OF WORLD-FISA: US Senate agree to give immunity from
prosecution to companies spy on the telecommunications of non-US
citizens, that is, the rest of the world under the Foreign Intelligence
Surveillance Act (FISA). The Senate agreed that that civil immunity
should be afforded to companies that aided the warrantless
surveillance program. According to the FISA Amendments Act of
2008, immunity will be granted to providers who received a written
request for the information stating that the program was authorised
by the president and determined to be lawful.See: EPIC's
page on FISA:
Spanish
judge to open inquest into suspected atrocities against North
African Saharawi people (International Herald Tribune, link)
UK-STOP-AND-SEARCH: Stop and
search figures released by the Justice Ministry for 2005-6 (England
an Wales):
"Overall, Black people were nearly 7 times more likely to be searched than White people (this ratio is higher than the 2004/5 ratio of 6 times)."
Asian people were 2.1 times as likely as White people to be stopped and searched, compared to 1.8 times in the previous year. People in the ‘Other’ ethnic group were 1.7 times more likely to be stopped than White people in 2005/6, compared with 1.6 times in 2004/52.
In 2005/6 there were 878,153 stop and searches of persons recorded by the police under section 1 of PACE and other legislation (Table 4.1). Of these, 135,262 (15%) were of Black people, 69,274 (8%) of Asian people and 14,101 (2%) of people of ‘Other’ ethnic origin. Under PACE: Only 12% resulted in an arrest (no figures of given of those subsequently charged or convicted)
A further 36,248 were stopped and searched under the Criminal Justice and Public Order Act 1994 (no arrest figures are given)
Terrorism Act: A total of 44,543 searches were made under section 44 (1) and 44 (2) of the Terrorism Act 2000 in 2005/6 compared with 33,177 in 2004/58, an overall increase of 34% (Table 4.6). Searches of Asian people increased from 3,697 to 6,805 (up 84%), searches of Black people increased from 2,744 to 4,155 (up 51%). Searches of people in the “Other” ethnic group also increased, from 1,428 in 2004/5 to 1,937 in 2005/6 (up 36%),
Extraordinarily out of 25,479 people under 44.1 of the Terrorism Act (vehicle occupants) only 46 were arrested and a further 246 for other offences. Under 44.2 (stop and searches of pedestrians) of the Terrorism Act 19,064 people were involved of whom only 59 were arrested and with a further 212 for other offences.
GREECE: “The
truth may be bitter, but it must be told”: Greece: PRO ASYL
and Greek Group of Lawyers reveal systematic human rights abuses
in the Aegean and Brussels. asylum procedures within the European
Union. Call on EU to react (press release) Full-text
of report
(full report, pdf
EU-LIBYA: FRONTEX
led EU illegal immigration technical mission to Libya 28 May-5
June 2007
(pdf) FRONTEX is the EU's Border Management Agency
EU: Reactions to: "Blue card" scheme to, in the Commission
words:"the brightest and the best" from third
world countries to meet EU demands for skilled workers to maintain
its living standards. See story on "legal migration"
below.
- Big
nations should compensate small countries for poaching skills (Caribseek, Caribbean
News, link)
- African
states fear brain drain through EU blue card (euobserver, link)
EU:Police Chiefs Task Force is to be supported by the Hague/Europol-based:
Police
Chiefs Task Force Support Unit (EU doc no: 13416/07, pdf) Background:
Statewatch analysis: The EU’s
Police Chief Task Force (PCTF) and Police Chiefs Committee
EU-REFORM-TREATY: New Analysis: Analysis
no. 4: British and Irish opt-outs from EU Justice and Home Affairs
(JHA) law
by Professor Steve Peers, University of Essex. For full background
see Statewatch's Observatory
on the Constitution/Reform Treaty
EU: ‘Stand
up for Journalism’ (link) in Brussels, 5th November 2007: European
Federation of Journalists in collaboration wirg Journalists@Your
Service "day of action" across Europe including event
in Brussels as part of a Europe-wide day of action to defend
journalism against excessive commercialisation, political pressure,
falling standards and poor working conditions: Monday, 5 November
2007 at 10.30 am, Residence Palace, Maelbeek Room.
EU-REFORM-TREATY: Two new analyses: Analysis
no. 3.5: Revised text of the Treaty establishing the European
Community (TEC) External relations provisions and Analysis
no. 3.4: Revised text of Part Three, Titles VII to XVII of the
Treaty establishing the European Community (TEC):
Other internal EC policies by Professor Steve Peers, University
of Essex. For full background see Statewatch's Observatory
on the Constitution/Reform Treaty
Germany:
Remscheid
- Police raids refugee camp (link)
UK: Government is to consult on the "Governance of Britain":
- War
powers and treaties: limiting Executive powers
Centuries overdue proposal to remove the "royal prerogative"
powers exercised by government:
The "Ponsonby Rules". Arthur Ponsonby, a life-long pacifist and campaigner for open government, was an Under-Secretary of State at the Foreign Office in the Ramsay MacDonald Labour government of 1924. He gave an undertaking, during the 2nd reading of the Treaty of Peace (Turkey) Bill on 1 April 1924, that the House of Commons would be informed of all treaties and agreements and that they would be "laid" before the House for 21 days and it became the constitutional practice. Unlike most other national legislatures where written constitutions gives parliaments the formal power of ratifying treaties and international agreements this power rests with the government in the UK (exercising the royal prerogative on behalf of the monarch).
- Managing
Protest around Parliament
This would not be "on the table" but for Brian Haw's
courageous ongoing protest outside the House of Commons against
the Iraq war and the protests organised by Mark Thomas and friends.
- Judicial
Appointments
Also: Result of government consultation on increasing FOI fees
- the majority against so the government has backed off: Fees
consultation response
EU-REFORM-TREATY: New analyses by Professor Steve Peers, University
of Essex:
- Analysis
no. 2.1: Revised text of the Treaty establishing the European
Union (TEU) (except for the foreign policy provisions
- Analysis
no. 2.2: Foreign policy provisions of the revised text of the
Treaty on the European Union (TEU)
- Analysis
no. 3.1: Revised text of Part One of the Treaty establishing
the European Community (TEC)
- Analysis
no. 3.2: Revised text of Part Two of the Treaty establishing
the European Community (TEC)
- Analysis
no. 3.3: Revised text of Part Three, Titles I to VI of the Treaty
establishing the European Community (TEC): Internal Market and
competition
For full background see Statewatch's Observatory on the Constitution/Reform Treaty
UK: Joint Human Rights Committee: Human Trafficking:
Update
(pdf)
USA: Terrorists watch list: "As of May 2007, the consolidated
watch list contained approximately 755,000 records"
according to a report from the Government Accountability Office
(GAO) : GOA
report: Terrorist watch list screening (pdf)
According to the report: "From December 2003 through May 2007, screening and law enforcement agencies encountered individuals who were positively matched to watch list records approximately 53,000 times. Many individuals were matched multiple times. The outcomes of these encounters reflect an array of actions, such as arrests; denials of entry into the United States; and, most often, questioning and release." It also observes that: "subjects of watch list records have passed undetected through agency screening processes and were not identified, for example, until after they had boarded and flew on an aircraft or were processed at a port of entry and admitted into the United States."
EU-DATA-PROTECTION: Observations of the European
Data Protection Supervisor on the draft Framework Decision on
data protection in police and judicial matters (pdf). The European
Data Protection Supervisor notes that the Council has already
decided on "two fundamental issues" - the scope and
rules for handing data to third states - so here makes seven
"technical points". For full background documentation
see Statewatch's Observatory
on data protection in the EU
EU-USA-SWIFT: US
Federal Register: Department of the Treasury: Office of Foreign
Assets Control Notice: Publication of U.S./EU
Exchange of Letters and Terrorist Finance Tracking Program Representations
of the United States Department of the Treasury (thanks to Cryptome,
pdf). The exchange of letters between the EU and the USA shows
how the US access to all bank money transfers in the EU
(and world-wide) is to be legitimated: it will be accessed by
the USA for "commercial purposes" under the so-called
"Safe Harbour" scheme. However, the data is not being
collected for "commercial purposes" but for the US
Terrorist Finance Tracking Programme on suspected terrorists
and their contacts.
EU: "Legal migration" proposals from the Commission:Council
Directive on the conditions of entry and residence of third-country
nationals for the purposes of highly qualified employment ( COM 637, pdf) and
Proposal
for a Council Directive on a single application procedure for
a single permit for third-country nationals to reside and work
in the territory of a Member State and on a common set of rights
for third-country workers legally residing in a Member State (COM 638, pdf). European
Commission press release, 23 October 2007
The Commission, as agreed by the Council (the EU governments), has put forward two proposals to meet the needs of the labour market resulting from "demographic problems resulting from our ageing population" and the "limited mobility of EU citizens". A "Blue Card is to be introduced to attract "highly qualified workers" - described by the Commission from as "the brightest and the best" from third world countries. The second proposal introduces a "single application procedure" and a "common set of rights for third country workers legally residing in a Member State".
The Commission claims that the "negative "brain drain" effects in developing countries" will be "avoided" through "ethical recruitment standards" which will limit, or ban, "active recruitment by Member States in developing countries already suffering from "serious brain drain" - a statement that defies comprehension.
Tony Bunyan, Statewatch editor, comments:
"The proposal to have a common set of rights for third country workers is to be welcomed but the underlying "legal migration", Blue Card scheme, is not.
On the one hand the EU removes evermore the rights of refugees fleeing from poverty and persecution seeking sanctuary. On the other, due to the EU's ageing population, it wants to actively recruit highly skilled workers from the third world in order to maintain its own standards of living - and thus maintain, if not exacerbate, an already unequal relationship.
It is a policy devoid of humanity or principle."
Netherlands: Fingerprints
fail to tackle football ‘hooligans’ (infosecurity News,
link)
CoE: Council
of Europe Convention on Trafficking Human Beings enters into
force
(CoE, link)
EU-DATA-PROTECTION: Latest draft of the Framework Decision on
data protection in police and judicial matters: 11365/4/07
REV 4
(pdf) After two years the Council discussions are reaching the
end-game and they hope to adopt the measure in December. This
is having ignored the views of the European Parliament, the European
Commission, the European Data Protection Commissioner and the
Article 29 Data Protection Working Party. For full background
documentation see Statewatch's Observatory on data protection in the EU
EUROPEAN GENDARMERIE FORCE (EUROGENDFOR): Treaty
establishing the European Gendarmerie Force (pdf) set up by Spain,
France, Italy, Netherlands and Portugal. Para-military police
units ("police forces with military status" to be used
in "crisis management" anywhere in the world including
by NATO or in the EU. EUROGENDFOR will be under the control and
political direction of CIMIN (High Level Interdepartmental Committee)
The Treaty is open to other EU member states or candidate countries).
Tony Bunyan, Statewatch editor, comments:
"This ad hoc initiative taken by five EU member states states brings together armed para-military units, some of which are infamous for their behaviour at protests. The EGF will be acting in the support of the military in the name of the EU as a whole. Military plans would allow this force to be used inside the EU as well as outside. What lines of accountability for its actions will there be? It will be accountable only to itself"
See for background:
- EU: Five
countries establish a European paramilitary police force
- Statewatch: Global
"policing" role for EU: How "non-military crisis
management" will "contaminate" justice and home
affairs, trade and aid
EU-REFORM TREATY: Statewatch
analysis: EU Reform Treaty: Analysis 1: Version 3: JHA provisions, Steve Peers, Professor
of Law, University of Essex (pdf). For full background see Statewatch's
Observatory
on the Constitution/Reform Treaty
EP-LIQUIDS-BAN: On 4 October the European Parliament's Legal
Affairs Committee (JURE) decided, unanimously, to take the European
Commission to the European Court of Justice over Regulation 915/2007
concerning the confiscation of duty free liquids at EU airports
for passengers arriving from third countries.
- Letter
from Ignasi Guardans, MEP, ALDE group to chair of LIBE Committee: following which the
Committee for Civil Liberties (LIBE) wrote to the Legal Affairs
Committee (JURI)
- Opinion
of the parliament's Legal Service: to the Legal Affairs Committee
- Regulation
915/2007
Background:
- European
Parliament resolution on liquids ban on planes (5 September 2007, pdf)
Ten Recommendations including: "Calls upon the Commission
to review urgently and – if no further conclusive facts
are brought forward – to repeal Regulation (EC) No 1546/2006
(introduction of liquids onto aircraft)"
- Series
of questions put down by five party groups in the European Parliament
to the European Commission (link)
- Amendment to the main Regulation made by the European Commission
without any consultation with the European or national parliaments:
Commission
Regulation (1546/2006) laying down measures for the implementation
of the common basic standards on aviation security (Official Journal of
the EU, censored version) which says: "ANNEX: In accordance
with Article 1 the annex is secret and shall not be published
in the Official Journal of the European Union.":
- Full-text
of the censored Annex (pdf)
EU-US-PNR: Letter
from AFL-CIO to Chertoff (pdf) The American Federation of Labor
and Congress of Industrial Organisations' letter to the Secretary
of the US Homeland Security Department, Mr Chertoff, protesting
at the collection and processing of "sensitive" information,
including trade union membership, under the EU-US PNR (passenger
name record) agreement.
In this context it is interesting to note a) that the latest draft of the EU's draft Decision on data protection in police and criminal matters (see story below) has significantly weakened the safeguards on the processing of "sensitive data" - the Decision will allow the transfer of data to the USA and other third states; and b) under the agreed EU Reform Treaty foreign policy data protection now comes under the continuing "second pillar" (defence and foreign affairs) where foreign policy-making rules will apply. This will allow the Council to conclude international agreements, like the EU-US PNR one, without any role for national and European parliaments. Also see: US demands 10 year ban on access to PNR documents
EU-REFORM
TREATY: The final texts agreed on 18 October are online at: Final
texts of Reform Treaty and Comments
on the final texts (below) by Steve Peers, Professor of Law, University
of Essex
UK:
Government response to House of Commons Home Affairs Select Committee
report on "Young black people and the criminal justice system:
Government
response
(pdf) See original report: Home Affairs Select Committee: Young
Black People and the Criminal Justice System (pdf)
Claims
of secret CIA jail for terror suspects on British island to be
investigated
- Legal charity urges action on Diego Garcia claims
· Prisoners may have been held in ships off coast (Guardian,
link)
EU-US: VISA WAIVER PROGRAMME: Letter
from Commission and Council to Chertoff (US Homeland Security Secretary, dated
28 June 2007) and Reply
from Chertoff
(31 August 2007).
The EU letter asks for "visa-free travel" for all its citizens "without introducing additional burdens". It also offer to negotiate an "EU-US readmission agreement" if the EU commitment under international law is not sufficient.
Chertoff's reply confirms the EU's Visa Waiver entry to the USA is effectively to be abolished. Chertoff writes: "We can no longer afford to ssume that all ctizens of VWP countries represent lesser security threats, and that all citzens of non-VWP countries represent greater threats" So in addtion to booking their flight visitors to the USA will also "make a reservation with