Aggregated UK political opinion content, stakeholder research and policy consultations.
Jerry Hayes

Cameron must act quickly on the European Investigation Order; Euronutters are being poked with a very sharp stick.

July 16th, 2010 by Jerry Hayes

There are three words that are guaranteed to send a shiver down the spine of David Cameron; European Investigation Order. And coupled with the name of David Davis, the prince across the water, there is the possibility of a serious row that could severely shake the coalition before Parliament is sent off on holiday. Some deft footwork will be needed, or the Sunday papers will go ballistic.

At the mention of anything European, most of us groan, as it tends to be the starting pistol for every one issue nutter in need of secure accommodation. But the EIO presents us with some potentially serious problems. It’s aim is sensible. It introduces a system whereby it is much easier to gather evidence for crimes throughout the EU. All well and good. But like most things that emanate from Brussels,  it hasn’t been properly thought through. When the distinguished organisation of jurists, JUSTICE,  reports that the EIO, ” has inadequate consideration of the rights of the suspect in an effort to improve efficiency”, alarm bells should be ringing at Number 10. Worse, the date of incorporation into UK law is the 28th July. Scary. And potentially explosive.

In it’s present form the EIO would allow any EU police force to start investigations and gather evidence on UK soil. Absolutely nothing wrong with that, as the present system is slow and cumbersome. But where it  offends against everything we hold sacred, is that no judicial authority is needed to verify whether there are reasonable grounds for an offence to have been committed. In this country the police can’t investigate on a whim, they have to have reasonable grounds to believe that someone is up to no good. So, potentially, every corrupt police officer in the pay of the mafia in Southern Italy, could come over here, obtain your DNA and bank balances without going to obtain permission from a judge first. Insane. And downright dangerous. In reality, it may be rather different as this is clearly in breach of the European Convention of Human Rights. There would be test cases. But why bother? Why should be have to put up with injustice, misery and cost?  Let’s just get it right first time round and put in safeguards which will protect the freedom and liberty of the subject.

What JUSTICE sensibly argues for, is that all requests for an EIO  be in accordance with the European Convention of Human Rights, and that there should be  judicial scrutiny. It’s simple, fair and sensible. The danger is that unless politicians understand what this is all about, this will be just another anti European stick, based on ignorance, to beat the Coalition with. David Davis, is genuinely and rightly, concerned about this. He raised it at Business Questions yesterday. Number 10 must not vacillate on this. The deft foot work is provided by JUSTICE, “the UK should opt in to the instrument but in so doing should engage it’s negotiating position to ensure safeguards.” All Cameron has to do is promise that the EIO will operate within the framework of the ECHR and that every application is reviewed by a judge on the basis that reasonable grounds for the belief that an offence has been committed are shown. But Cameron must act quickly to avert an unholy and damaging row. The  Euronutters are being prodded with a very sharp stick that is laced with poison.

Comments [ 9 ]

  1. EUSSR EUSSR says:

    As a certified (certifiable?) Euronutter, I testify that it is a *very* sharp stick!

  2. Anne Palmer Anne Palmer says:

    Foreign police have no powers here in the UK. Our police swear allegiance to the British Crown and can only lawfully operate after having done so, and then only according to our laws. Foreign police on our shores will only fire up an anger among the people the like of which has not been seen for many, many years, but there will be no ending until the people are free from foreign rule once this anger has been let loose. This will not be just a ‘union’ fighting an overbearing Government as in the old days, this will be almost ALL the people of this Country and as one fighting government. Once this anger is let loose, there will be no stopping it. Our involvement in the EU has gone fat too far already.

    Where once British MP’s were greeted with tolerance if not joy, they will no longer be tolerated at all for it will be seen as a complete betrayal.

    If some-one is classed as a ‘Euronutter’ because they believe their own Constitution, their own country’s way of life, its freedoms that so many died for, bombed to HELL, rather than let foreigners govern this Country in 1930-45, by the likes of you Jerry Hayes, then I am proud to be so called.

    • Jerry Hayes Jerry Hayes says:

      Actually foreign police can have powers here with judicial consent. The point of my piece is that if this instrument goes through unamended they will be able to come over here and seize evidence without judicial consent, which I believe to be wrong.The sort of Euro nutter I was referring to are those one issue politicians who look at everything through the prism of Europe which they regard is rather wicked. Whether you come into this category or not I haven’t got a clue!

  3. Anne Palmer Anne Palmer says:

    Is this what you mean because it is this I am referring to,- Under Article 8 (1) The executing authority shall recognise an EIO (…) without any further formality being required, and shall forthwith take necessary measures for its execution in the same way and under the same modalities as if the investigative measure in question had been ordered by an authority of the executing state….etc

    This cannot just be “accepted” because this is absolutely contrary to our Constitution. It is a great Constitutional change. One that should either be rejected out right, or put to the people as promised before the General election by one Mr Cameron who is now Prime Minister.

    If you come back to me and say the Union has “competence” over our Constitution and laws, I would suggest that there are parts of our Constitution that are out of reach of Governments to allow any foreigner to have “competence” over at all and neither can THEY because they too are bound by their oaths of Allegiance to the British Crown and through the Crown to ALL the people in this land and all within the Crown’s Realm. Had the people been given a referendum, who knows what the outcome may have been. Hold a referendum NOW and the anger of the people will overflow.

    • Jerry Hayes Jerry Hayes says:

      This is precisely my point and the argument put forward by JUSTICE. By all means let member state’s police forces cooperate, but under judicial supervision and under ECHR. I would be amazed if Cameron doesn’t insist on this as they can’t force us into signing up without our having a negotiating position. No need for a referendum as there won’t be a constitutional change. No, EU doesn’t have competence over our constitution (such as it is) or over our criminal laws. However, MPs don’t swear an oath of allegiance to the Crown, but to the Queen and rightly so.

Leave a reply