Andy Burnham is reportedly considering a migration agreement with the European Union that could require Britain to accept European Court of Justice oversight in exchange for access to databases containing information on asylum seekers and criminals — reigniting one of the most divisive questions of the Brexit era.
According to The Telegraph, the proposed arrangement would require the UK to pay an additional fee and accept oversight from the Luxembourg-based court, potentially handing European judges a role in policing aspects of a post-Brexit agreement.
The prospect threatens to reopen the argument at the heart of the 2016 referendum, when Boris Johnson and other Leave campaigners made “taking back control” a defining promise. Brexit was presented as a means of restoring sovereignty to Westminster and returning legal authority to British institutions.
Mr Burnham has previously blamed Brexit for worsening the small-boats crisis and, after weeks of signalling a more pro-European stance, is reportedly exploring closer cooperation with Brussels on migration and security.
Supporters of such an agreement could argue that access to shared intelligence would help Britain identify criminal suspects and asylum seekers more effectively. But the reported price — financial contributions and ECJ oversight — raises difficult questions about how much legal and political authority the UK would be expected to concede.
Alex Burghart, the Conservative Shadow Chancellor of the Duchy of Lancaster, accused Labour of glossing over the costs of its EU reset.
“Labour’s EU Reset treats a closer relationship with Brussels as a panacea, while ignoring the very real trade-offs it would bring for farmers, fishermen and taxpayers,” he told The Telegraph.
“If access to EU databases means handing over taxpayers’ money and accepting ECJ oversight, Labour must explain the price. You cannot put a price on sovereignty.”
A Government spokesman said ministers were building “an ambitious, close relationship with the EU” intended to secure borders, strengthen collective security and protect the public.
The political challenge for Mr Burnham and Labour is stark: closer European cooperation may offer practical advantages on migration, but any agreement involving external judicial oversight risks reviving the sovereignty dispute Brexit was supposed to settle.
The terms of any deal, and whether it would proceed, remain unclear.
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