UK OPTS INTO CONTROVERSIAL “EUROPEAN INVESTIGATION ORDER” LAW

for immediate release

The Government announced today that it will opt into a new EU legislative proposal, the European Investigation Order (EIO), which would give new evidence-gathering powers to EU member states, significantly changing the way evidence is obtained and shared in cross-border criminal cases. There are important implications for the fundamental rights of British citizens and for UK police resources, yet the decision was announced to a House of Commons that has had no opportunity to debate the measure or scrutinize its content in advance of the decision.

Jago Russell, Chief Executive of Fair Trials International, said:

“The Government has signed us up to a measure that has serious implications for stretched police forces and for civil liberties. Despite this, our elected representatives have had no opportunity to debate the proposal or the issues it raises. Unless vital new safeguards are introduced, the decision to rush into this ill thought-out measure will be regretted across Europe.”

While FTI welcomes measures that enable European countries to cooperate more effectively in combating serious cross-border crime, this must not be done at the expense of fundamental rights. The EIO contains virtually no grounds for refusal, meaning that British police would be powerless to refuse an order, even if related to activity that is not a crime in the UK. The proposals are also completely one-sided: if you are under suspicion, you will have no right to use the EIO to obtain information from other EU countries to prove your innocence.

For more information please contact Fair Trials International on +44 (0)20 7822 2370 or +44 (0)7950 849 851

Notes to Editors

1. The initiating Member States
   The draft Directive was proposed by 8 EU Member States on 29 April 2010. The initiating Member States were Belgium, Bulgaria, Estonia, Spain, Luxembourg, Austria, Slovenia and Sweden. The draft Directive was a Member States’ initiative, governed by Article 76(b) of the Treaty on the Functioning of the European Union, which allows legislation to be proposed not only by the Commission but also by a quarter of the 27 Member States.
    
2. Opting in or out
   The UK was given very little time to decide whether to opt in or not. Now that it has opted in the UK can try to influence the text of the legislation but cannot then refuse to enact the measure once it has been voted in by Member States and the European Parliament.
    
3. Fundamental rights and evidence gathering
   Several fundamental rights are engaged by pre-trial evidence-gathering procedures, including the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR), privacy rights under Article 8 ECHR and, in some cases, rights under Article 3 ECHR.
    
4. Questions in parliament
   On 15 July 2010, concerns about the EIO were raised by Dominic Raab MP and David Davis MP in the House of Commons. Text of the questions.
    
5. Submission to the Home Office
   Please find below the full text of our submission to the Home Office detailing our concerns on the new proposals.