Consequences of no-deal Brexit for the screening of UK citizens

Consequences of no-deal Brexit for the screening of UK citizens

The United Kingdom (UK) wishes to leave the European Union (EU). When the UK leaves the European Union, the Netherlands will no longer be able to request judicial data on UK citizens applying for a Certificate of Good Conduct (Verklaring Omtrent het Gedrag, VOG) for the purposes of working with children in the Netherlands.

News article | 2-4-2019 | 09:45

After all, EU Member States and the UK will no longer be able to use any European instruments for information-sharing between the police and judicial authorities post-Brexit. One of those instruments is the European Criminal Record Information System (ECRIS). This system constitutes an electronic link between EU countries’ national criminal registers.

How will this situation affect the screening of UK citizens?

After Brexit, Justis will only be able to retrieve and screen information from the Dutch Criminal Records System if citizens from the UK are applying for a VOG with the aim of working with children. In other words, UK citizens will no longer be screened on judicial records—including criminal records—from the country of origin.

In order to gain a picture of the applicant’s judicial history, employers are nevertheless entitled to request that their employees apply for the International Child Protection Certificate in the UK. They can do so electronically and from the Netherlands. Employers offering jobs that involve work with children can ask their British employees in the Netherlands to provide this certificate in addition to a VOG.

How will this situation affect the screening of Dutch citizens?

Brexit will also mean that the Netherlands will no longer be kept informed of convictions handed down to Dutch citizens in the UK. All EU Member States have an information-sharing decree in place for the purposes of sharing such convictions. They are entered into the Dutch Criminal Records System and used for the purposes of assessing a VOG or for continuous screening. As a result, this system will no longer apply to convictions handed down in the UK. Employers are also entitled to ask non-British employees who have resided in the UK for a period of time to apply for an International Child Protection Certificate.

Latest state of affairs on Brexit

How and when the UK wishes to leave the EU is as yet unclear. Please visit the Central Government’s Brexit desk for the latest state of affairs on the Brexit negotiations and possible Brexit scenarios. Frequently asked questions and answers on Brexit can also be found here.