Impact on the House of Lords European Union Committee inquiry into EU
Submitting InstitutionUniversity of Abertay Dundee
Unit of AssessmentLaw
Summary Impact TypeLegal
Research Subject Area(s)
Studies In Human Society: Criminology
Law and Legal Studies: Law
Summary of the impact
The impact claimed in this case study is on debate at Government/
Parliament level. O'Neill's black letter law research into the EU
provisions on cross border law enforcement and counter-terrorism
activities has fed into her submissions to the House of Lords European
Union Committee inquiry into EU police and criminal justice measures: The
UK's 2014 opt-out decision. The views of the committee have already been
published. The UK government's formal decision on the opt-out still has to
be made. Whatever decision is taken will have a European/ International
impact on cross border law enforcement, counter-terrorism and justice
provisions and practice.
The research led to greater understanding of how EU cross border law
enforcement and counter-terrorism provisions affects policing and criminal
justice activities in the UK and across the EU. The black letter law
outputs, listed at 3, in particular those marked REF2, are also based on
interaction with, in particular, the Scottish police services. They
develop an understanding of police concerns in the context of cross-border
law enforcement, and a level of understanding of the issues which arise in
practice. This was facilitated by one to one interviews with senior
members of police staff (not reflected in the research output) and more
generally through membership of the Scottish Institute of Policing
Research (SIPR), which facilitates police/ academic interaction. The
researcher's ability to provide material of immediate use to the police is
reflected in repeated requests to present to police or police/academic
events, and publication in police practitioner journals (in particular the
UK and Austria). Output has been made available on line, with details
circulated through SIPR, which has a UK and international police and
academic readership. The research output is both of a high academic level,
and focused on key practitioner issues.
Research in this area is predominantly about the significance of the
structures and legal frameworks dealing with cross-border drugs
trafficking/ organised crime, and counter-terrorism operations, involving
what are now the 28 member states of the EU. The research therefore
involves engaging with individuals who are operating in a security
sensitive environment, and consequently limited opportunity exists for
formal direct feedback and recognition from law enforcement and
counter-terrorism practitioners. . O'Neill's research provides a
distinctive voice in the debate in this area, approaching the area from
the perspective of EU law, rather than a (UK) criminal law approach to the
issues, coupled with a deep appreciation of the police practitioner
perspective, rather than the human rights/ justice focus. All outputs for
O'Neill submitted for this REF fall into this category. Her
counter-terrorism monograph is the first such publication focusing on the
EU developments in this area. The engagement with the UK legislature is a
direct consequence of these research outputs.
The above research led to an ability to respond effectively to the House
of Lords' call for evidence on the UK's 2014 opt-out decision. By
approaching the matter from an EU perspective, and providing the only
academic voice with a distinctive Scottish dimension, O'Neill's responses
offered an independent, reasoned verification of the practitioner
responses from both police and prosecution communities. A significant
number of references to her contribution were made in the 13th
Report of Session 2012-13, HL Paper 159. Many of the points made in her
submission were put to the relevant ministers at their oral hearing. The
contribution continues to influence the debate. It is hoped, that the
impact will be to influence the actual government decision, and therefore
the UK's legal and practice relationship with the EU, and through the EU,
with the rest of the world, in the area of transnational law enforcement
(to include counter-terrorism) and justice issues.
References to the research
1. O'Neill, M.: "A Europe that protects: moving to the next
stage of cross border law enforcement cooperation", Police
Journal, Volume 84 Number 2 2011, pp.125-150, DOI:
This is a journal edited by the police, for the police.
2. REF 2: O'Neill, M.: "EU Cross-Border Policing Provisions, the
View from One of the Schengen Opt out Member Sates"; European Journal
of Crime, Criminal Law and Criminal Justice, Vol. 18, No. 1, 2010, pp.
73-89(17). Online DOI 10.1163/187119110X12574292500707. This is the
leading journal in EU transnational criminal law and practice, with an
international editorial team, and published in the Netherlands.
4. REF 2: O'Neill, M.: "The EU legal framework for Trafficking
in Human Beings; where to from here — the UK perspective," JCER
(Journal of Contemporary European Research) Vol. 7, No. 4, 2011,
This and a similar paper were circulated to Scottish police (by
coincidence) during recent human trafficking operations. They appear to
have been received with interest, to include follow up meetings.
5. REF 2 Book: O'Neill M.; The evolving EU counter terrorism legal
framework, Routledge, 2011. http://www.routledge.com/books/details/9780415557580/.
(Monograph requested by Routledge after publishing an earlier journal
article O'Neill, M.: "A critical analysis of the EU legal provisions on
Terrorism", Terrorism and Political Violence, 20:1-23, 2008.
ISSN: 0954/6553 print/1556/1836 online DOI 10.1018/09546550701723591.
This monograph is the first of its type, and is still selling well. The
earlier article was requested by Prof. Paul Wilkinson, then of the Centre
for the study of Terrorism and Political Violence, St. Andrews University,
6. REF 2 Book chapter: O'Neill M.; EU-North Africa relations
in cross border law enforcement; new legal challenges for the EU in the
post Lisbon and post Stockholm era., a chapter in Cardwell, P.J.(ed.) EU
External Relations Law and Policy in the Post-Lisbon Era,
T.M.C. Asser Instituut, 2012, ISBN 978-90-6704-822-4, DOI:
Details of the impact
The research which led to the impact is the work of one academic, O'Neill.
Research was conducted in the context of regular engagement with the law
enforcement community, particularly in Scotland, both before, during and
after research was conducted. This regular engagement led to targeted
research of direct relevance to the law enforcement community, both at UK
and International (to include EU) level. This led to effective engagement
at the policy level, with research directly informing responses to the
House of Lords' consultation process. This is reflected in the fact that
many of O'Neill's responses to the consultation ran in parallel
with responses from the law enforcement and criminal justice community
across the UK and beyond. It was anticipated at the very beginning of the
development of the research, during this REF period, that regular
engagement with this particular practitioner community would lead to
research output that would have a significant impact.
The direct audience for the impact claimed is the House of Lords'
European Union Committee, and thence to Parliament and the UK Government.
Material has also been made available by the House of Lords for reporting
purposes to the national press and other interested parties. The report
was prepared by the Justice, Institutions and Consumer Protection
Sub-Committee and the Home Affairs, Health and Education Sub-Committee.
The report built on oral and written evidence from government ministers,
key stakeholders such as the police, sub-national governments,
prosecutors, and other key personnel. A separate but parallel process was
conducted with the intelligence services. A number of academics and
individual members of the public also made contributions to the report.
O'Neill's submissions have been reflected in, and relied on, in
the report. O'Neill's unique contribution to the report was
academic in nature and provided high level rationale, rather than a
practitioner perspective which focused on the operational aspects.
Furthermore her perspective was EU-wide, rather than from a national (e.g.
criminal law) perspective but nonetheless informed by deep knowledge of
Scottish police practices and procedure. In addition, her research has
focused on the security and law enforcement aspect of the Area of Freedom
Security and Justice of the EU, rather than the civil rights aspects,
which was covered by other contributors.
The impact being claimed is
- on the drafting of the final House of Lords Report,
- the influence of the report on the national debate,
- in due course having an influence on the Governments/ Ministerial
decision, which will,
- impact on the UK relations with the EU, and through the EU, the rest
of the world.
The evidence submitted is the House of Lord's published report,
supporting online videos, and the House of Lords web site which provides
an overview of the development of the debate (some of which will be
outside the REF period).
The debate on this issue was opened by the Home Secretary on the 15th
October 2012. The House of Lords EU Committee, chaired by Lord Boswell of
Aynho, opened and enquiry on this matter, calling for evidence by the 14th
December 2012. Subsequently oral evidence was also obtained, which is
available at: http://www.parliamentlive.tv/main/Player.aspx?meetingId=12617
and related links, with the Ministers giving evidence at http://www.parliamentlive.tv/Main/Player.aspx?meetingId=12619.
O'Neill made a written report to this enquiry.
The House of Lords European Union Committee inquiry into EU police and
criminal justice measures: The UK's 2014 opt-out decision (13th
Report of Session 2012-13, HL Paper 159) was ordered to be printed on the
16th April 2013, and was published on the 23rd April
A follow up seminar attended by O'Neill was held at the House of Lords on
the 5th June 2013.
The Government decision needs to be made by the 1st December
The House of Lord's EU Committee overview is available at
There is potential for greater impact resulting from this research in the
next REF period.
Sources to corroborate the impact
- House of Lords European Union Committee inquiry into EU police and
criminal justice measures: The UK's 2014 opt-out decision (13th
Report of Session 2012-13, HL Paper 159), available on line at
http://www.publications.parliament.uk/pa/ld201213/ldselect/ldeucom/159/159.pdf. O'Neill's contribution to the enquiry was reflected at
footnote references 89, 232, 246, 249, 283, 332, 334, 397, 399, 451,
453, 458, 487, and 498. Her contribution was also referenced in the text
of the report at paragraphs 74, 134, 158, 268, and 272.
Evidence of the substantial influence on the national debate, in
particular when the report was published on the 23rd April
2013, is reflected in reports in the national media, to include;
a. national political parties;
2. and professional bodies;