The Home Office and Ministry of Justice have prepared the Eighth Annual Report to Parliament on the Application of Protocols 19 and 21 to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) (‘the Treaties’) in Relation to EU Justice and Home Affairs (JHA) Matters. The Report, which is today being laid before the House, is submitted on behalf of both my own Department and that of the Home Secretary.
On 9 June 2008, the then Leader of the House of Lords committed to table a report in Parliament each year setting out the decisions taken by the Government in accordance with Protocol 21 (‘the Justice and Home Affairs opt-in Protocol’) and to make that report available for debate. These commitments were designed to ensure that the views of the Scrutiny Committees should inform the Government’s decision-making process.
This Report covers decisions taken over the period 1 December 2016 – 30 November 2017. In that period, decisions on UK participation in a total of 19 EU JHA legislative proposals have been taken. The UK has decided to opt in under the JHA opt-in Protocol in 12 cases and has decided not to opt in in five cases. The Government has asserted the Schengen opt-out to two proposals during that period – in both cases the government decided not to opt out (i.e. the UK should participate in the measures).
These opt-in decisions are without prejudice to discussions on the UK’s future relationship with the EU. The UK’s relationship with the EU will change as a result of leaving the EU, however, the UK retains the rights and obligations of membership of the EU whilst we remain a member.