Civil rights v security
Inevitably there is a conflict between the freedom of individual citizens and measures taken by governments to protect society, said Clarke. Discussion and debate was needed, a balance must be struck, and any measures taken must be proportionate.
Mr Clarke invited LIBE to make a thorough analysis of proposed anti-terrorist measures – ID cards, retention of data (telephone and e-mail details), biometric passports – and assess the right point to strike that balance. The questions to weigh are: how much benefit would come from each measure against how serious is the civil liberties intrusion?
Intelligence data
For Mr Clarke intelligence is the key. He called for more joint investigatory teams at EU level and strengthening of procedures allowing intelligence services and police bodies to work together. The experience of the past week had shown him that this brings results.
Democracy
A number of MEPs were very concerned about the preservation of democratic processes and that Parliament should be fully involved. Mr Clarke assured MEPs that he did not want "blind obedience" from the committee.
However, asked whether he would ensure that any directive on data retention would fully involve parliament through the co-decision procedure, Mr Clarke would not commit himself. He had agreed with Mr Frattini, he said, that the procedure used would be that which was most likely to lead to agreement on substance. MEPs feared that this would mean agreement at ministerial level in the Council rather than through the parliamentary process.
JHA Council agenda
In addition to data retention, other items on the agenda for the special Council on 13 July would be:
- Framework decision on data retention;
- European evidence warrant;
- Terrorist financing: implementation of the 3rd money laundering directive and measures on wire transfers of money;
- Common standards on identity cards;
- Commission proposal on passenger name records ;
- Tracking lost and stolen explosives;
- Fingerprints for visas and the sharing of information on visas through VIS and SIS (see border control Linksdossier)
