COMMENT: Michael Matheson MSP is the Cabinet Secretary for Justice at the Scottish Parliament.
THE UK-wide vote to leave the EU will have huge repercussions on how, in Scotland, we deliver justice, safeguard the public and protect consumers.
Organised crime does not respect borders and the risks posed by Scotland being outside Europol have been well publicised. Europol is key to detecting, disrupting and detaining criminals throughout the EU.
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Our participation in Europol and the European Arrest Warrant scheme gives Police Scotland access to critical information, support and technical expertise that helps keep our people safe.
For the time being, the UK has agreed to opt in to the new Europol regulation – at least until Brexit drags us out of the EU, against the wishes of a majority of people in Scotland.
What is perhaps less understood are the serious and wide-ranging implications that the unravelling of EU legal agreements and regulations would have on our day-to-day lives.
Over the past 40 years, EU law has become woven into the fabric of Scotland’s justice system. This has benefited individuals, families and businesses, here and elsewhere in the EU. EU cross-border rules ensure cooperation between courts in different countries, avoiding the need for multiple court cases.
That means that families with links to more than one EU member state benefit from agreements to recognise the legal position or court decisions of other EU jurisdictions, on issues like parental child abduction.
This, and the fact that single market rules ensure co-operation between courts in different countries, also means EU citizens resident in Scotland are connected to their home legal systems.
Brexit would mean parents seeking child maintenance from their ex-partner elsewhere in Europe would no longer have access to the EU Maintenance Regulation, which could make securing child support compliance more difficult.
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In relation to consumer rights, the advantages for Scotland of maintaining access to the EU single market are clear. Scots consumers can buy products and services from elsewhere in Europe with confidence, accessing a streamlined system that recognises and upholds their rights as individuals or companies.
Under the single market, cross-border contracts are enforced throughout the EU and it’s much easier for smaller businesses to recover debts from individuals or companies in other member states.
Brexit would shroud all of this in uncertainty. These are just a few examples of the many well-established legal and rights protections we rely on and benefit from as EU citizens.
In each case we face a difficult process of renegotiation, with the likelihood that any alternative arrangements would be more complex, costly and time-consuming.
So what can we do to mitigate these risks? With a separate justice system from the rest of the UK, it is critical that Scottish interests and views are considered and reflected in the UK’s negotiations process. To do that effectively we need to fully understand the issues I have outlined here – as well as uncover risks yet to be identified. We also need to ensure our justice agencies can continue to engage directly with their counterparts in other countries.
That is why this Thursday I am bringing together a wide range of leaders and experts from the justice and legal sectors for roundtable discussions at an EU justice summit in Edinburgh. I will be joined by the Lord Advocate, the Minister for Community Safety and Legal Affairs, senior representatives from the police and the prison service, as well as the legal profession, human rights interests and business organisations.
The input from the summit will be invaluable in informing the way ahead as we navigate and prepare for the complex circumstances Brexit has foisted upon us. We will continue to press the UK Government for full involvement in the negotiations with the EU, particularly in situations where Scotland has separate and unique interests, as is the case with our justice system.
READ MORE: Beyond Brexit: Divorce and custody rulings may be in jeopardy post-Brexit
As Brexit looms ominously, I am fully committed not only to maintaining the safety of our communities and integrity of our justice system, but also ensuring every effort is made to protect the interests of families, consumers and businesses throughout Scotland.
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