The news
that the Government are signing up to the likes of the European Investigation
Order is both astounding and increasingly predictable.
The
background to this pernicious proposal can be found in this
exceptionally useful paper. It is just weird that while politicians are now
so concerned about extraterritoriality and extradition in our relationship with
the States, ministers seem so ready to step away from a viable intergovernmental
alternative and handcuff themselves to such risk.
It’s all
the more the case when we consider that Britain, like Denmark, enjoys an opt
out – one that Copenhagen seemingly is sensibly ready to here enjoy. But
Britain is not. This draws me to one of two possible conclusions.
Either the
Home Secretary has been instructed to use the EIO as a bartering chit to keep
the Lib Dems happy. After all, it was LD policy up until a few weeks ago to greatly
accelerate UK participation in Justice and Home Affairs matters.
Or the
Secretary of State has already succumbed to the wiles of her department. We
have in the past explored how Britain has been signing up to a remarkable number of
JHA areas where the Danes have by contrast exercised their opt out rights. One
might have expected a Conservative Government would at the very least make the
most of its opt out to watch the flaws develop, and then demand they be fixed
before joining. After all, it took several years for the European Arrest
Warrant to include a tick-box, showing that an effort had been made to contact
the subject to tell him he’d been on trial.
So,
coalition bartering chit or civil service sway? Neither prospect augurs
well.
