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EU rules force British officials to choose between handing top secret intelligence to terror suspects or letting them walk into Britain unchallenged

  • Justice Minister Dominic Raab revealed the European Court ruling today
  • Uncovering the obscure ruling for the first time, he said it was a ‘massive headache’ for the police and security services 
  • Writing exclusively for the Mail, the Brexit campaigner vowed to see the rules ripped up if Britain votes to leave the EU on June 23  
Justice Minister Dominic Raab said European Court rulings meant terror suspects had to be told why they were banned from entering the UK 
Justice Minister Dominic Raab said European Court rulings meant terror suspects had to be told why they were banned from entering the UKEU rules are forcing Britain to disclose top secret intelligence to terror suspects – or let them walk into the UK unhindered.The explosive revelation on the threat to our national security, confirmed by court papers, is made today by Justice Minister Dominic Raab.

He also warns how thousands of criminals and suspected fanatics who could otherwise be turned away are being allowed to waltz through the UK’s porous borders, owing to Brussels rules on free movement.

For the first time, Mr Raab lifts the lid on an obscure ruling by the European Court of Justice which poses a massive headache for Britain’s police and security services.

The edict concerns cases where the Home Secretary wants to ban a suspected terrorist or extremist with an EU passport from entering the UK.

The ECJ, the official court of the EU, said that if a member state wanted to restrict a citizen’s right of free movement, it must explain exactly why – even where to do so would endanger national security.

The result is that the Government would either have to hand over the intelligence it holds on a suspect, including paper files.

Security officials are deeply reluctant to hand over any information for fearing of blowing secret operations or exposing the activities of agents.

So, alarmingly, they are left in the position where they simply have to let the fanatic in.

Mr Raab, writing exclusively in today’s Mail, says: ‘Even if UK authorities can justify barring someone as dangerous, the European Court of Justice demands we tell them why – even if that endangers national security.’

The Brexit campaigner pledges that, if Britain votes Out on June 23, the rules will be immediately ripped up.

The ECJ court case contains a man which joint French-Algerian nationality who a British court has ruled is a member of the Armed Islamic Group. He was involved in terrorist activities in the 1990s and the Home Secretary wanted to turn him away.

But the ECJ ruled that a terror suspect ‘must be informed, in any event, of the essence of the grounds on which a decision’ against him is taken.

The European Court of Justice has ruled Britain cannot stop terror suspects from crossing the UK border without telling them why 

And our own Court of Appeal has since decided that, on the basis of the ECJ’s verdict, these rights under EU law ‘cannot yield to the demands of national security’.

RULES STOP EU CRIMINALS BEING TURNED AWAY AT THE BORDER 

Dominic Raab, a former foreign office lawyer, today attacks rules which make it harder to block EU criminals from coming to the UK.

Over the last decade, officials who are under instruction not to impede rules on the freedom of movement have turned away only 11,000 EU nationals.

Yet, at the same time, 200,000 non-EU nationals have been refused entry to the UK.

This is despite 215million of the 321million visitors to the EU since 2006 were from within the EU.

MPs said it was clear that criminals and other danger men were being allowed to enter the UK because of the need to adhere to Brussels regulations.

Under UK law, a person from outside the EU can be stopped from entering the country on the simple grounds that their presence here is ‘not conducive to the public good’.

However, Brussels diktats state that EU citizens can only be turned away if there is a ‘serious, credible and present threat’ – a far higher threshold which binds the hands of officials.

Justice minister Mr Raab adds: ‘The consequence of weak border controls with the EU is to expand the pool of those with criminal or terrorist links that the police and intelligence services have to monitor.

‘This imposes huge strains on their resources – and magnifying the risk that dangerous people are slipping through the border.’

Consequently, the Home Secretary either has to disclose information that might prejudice national security or allow suspected terrorists into the UK.

The ruling is based on Article 47 of the Charter of Fundamental Rights of the European Union.

Mr Raab pledges that, immediately following a vote to Leave, the Government will end the application of the Charter of Fundamental Rights.

This would immediately remove the need to inform terror suspects why they are being turned away.

The Government would also bring the rules on turning away EU criminals into line with those from outside of Europe.

His is the first in a series of articles by Brexit ministers setting out what will happen if Britain leaves the EU.

Mr Raab rejects claims made by the Remain camp that Britain would no longer be able to share passenger name records with the EU. The USA, Canada and Australia already have data sharing arrangements with Brussels, he points out.

He added that Britain would continue co-operating with EU countries on crime and policing at Europol. Some 12 non-EU countries already have officers based at Europol.

The justice minister added that Britain would negotiate to continue extradition arrangements. The government’s Statutory Reviewer of Terrorism Legislation, David Anderson QC, has described this as ‘very likely’.

Armed Forces minister, Penny Mordaunt, said it is ‘almost impossible’ for the intelligence agencies to protect the country due to restrictions from Brussels.

She added that we ‘sure as hell’ don’t have the tools to protect Britain from the ‘problem coming over the horizon’

Armed Forces Minister Penny Mordaunt has warned EU rules make it more difficult to protect the British border and said the UK is stopped from preventing threats 'coming over the horizon'

Earlier this week, the ex-head of MI6 warned that Europe risks importing the ‘terrorist virus’ and sparking ‘popular uprisings’.

Sir Richard Dearlove said the EU’s response to the influx of migrants has been ‘hesitant’, ‘unsure’ and ‘perverse’ and was fuelling the risk of the resurgence of far-Right movements.

He added that ‘millions’ of migrants from the Middle East and Africa are set to head to the continent in the next five years – many of whom will then be able to take advantage of Brussels’ free movement rules. And he said it was inevitable that a few of these would carry what he called a ‘terrorist virus’.

Frontex, the EU border agency, admits that an unprecedented 1.8 million illegal migrants entered the EU in 2015, the ‘vast majority’ of whom were undocumented.

The number of people trying to enter the UK from Europe with fraudulent documents surged by 70 per cent in the last year alone.

The Director of Europol, Rob Wainwright, estimates that up to 5,000 people are back in Europe having attended training camps run by Islamic State.

Nigel Farage stresses why he wants to leave the EU
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Away from the noisy debate on the EU referendum, a terrorism trial has quietly begun at the Old Bailey. The case links two Birmingham-based individuals with Mohamed Abrini, a key suspect in the Brussels and Paris terrorist attacks.

Undoubtedly, the trial will shed light on the single biggest security question in this referendum: is it safe to stay in an EU that strips Britain of proper border controls? Little can be said about the case yet, beyond the fact that the charges include giving £3,000 for terrorist purposes to Abrini.

Belgian prosecutors revealed in April that Abrini, 31, had confessed to being the ‘man in the hat’ pictured alongside two suicide bombers who blew themselves up at Brussels airport on March 22.

Man in the hat: Terror suspect Mohammed Abrini visited Britain three times 
Man in the hat: Terror suspect Mohammed Abrini visited Britain three times

Despite previous convictions for robbery and violence, he visited the UK three times in 2015. As more information emerges on this alleged network, it exposes the lunacy of the EU’s rules on free movement.

If the Home Office wants to deny entry to an individual coming from outside the EU, on grounds that their presence is not conducive to the public good, it has wide discretion. Scientologists were banned until 1980 for propagating a cult, while American rappers and radio presenters have been denied entry for offensive language.

Yet, Brussels dictates that the UK can’t bar EU nationals entering, unless they present a serious, credible and present danger to national security. What does that mean in practice? Criminal convictions are not grounds alone for barring entry, even to murderers. So, Abrini couldn’t have been prevented from visiting Britain on that basis.

Intelligence reports that raise concerns, like an unexplained trip to Syria, don’t justify even a temporary ban. Nor would an alert on the EU’s own Schengen Information System. Even if UK authorities can justify barring someone as dangerous, the European Court of Justice demands we tell them why – even if that endangers national security.

Because of these perverse EU rules, we have turned back just 11,000 coming from the EU since 2006. Free from Brussels’ shackles, we barred 201,000 coming from outside the EU – even though many more arrive from Europe. The consequence of weak border controls with the EU is to expand the pool of those with criminal or terrorist links that the police and intelligence services have to monitor, imposing huge strains on their resources, and magnifying the risk that dangerous people are slipping through the border.

And the threat level from Europe is rising. Europol, which coordinates European police forces, estimates that there are now up to 5,000 people who visited Islamic State-run training camps, and are now back circulating in the EU.

A shocking report by Frontex, the EU’s external border agency, showed systemic weaknesses enabling the registration of fraudulent applications to enter the EU – and a surge in fraudulent attempts to enter Britain.

Little wonder, then, that former Interpol chief Ronald Noble dubbed EU rules the equivalent to ‘hanging a sign welcoming terrorists’. In fairness, the Prime Minister clearly recognises this risk and during his renegotiations with Brussels he explicitly spelt out the need for ‘stronger powers to deport criminals … as well as preventing entry in the first place’.

Yet the EU regards free movement as sacrosanct, and stubbornly refused to budge. This leaves Britain exposed to unacceptable levels of risk. It is the strongest security reason for withdrawing from the EU, to re-establish proper border controls. Today, working with the Fresh Start group of Conservative MPs, I am publishing proposals for strengthening UK security, following a vote to leave the EU.

From data-sharing to law enforcement collaboration at Europol, there’s no operational co-operation we need that we can’t maintain with the EU, from the outside.

Yet, if we leave, we can act swiftly to take back control of our borders to enable preventative checks and stronger powers of deportation.

 David Cameron says reformed EU will protect Britain’s borders

http://www.dailymail.co.uk/news/article-3597273/EU-rules-force-British-officials-choose-handing-secret-intelligence-terror-suspects-letting-walk-Britain-unchallenged.html

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