European Investigation Order

Michael Ellis Excerpts

Tuesday 27th July 2010 Commons Chamber

[Mrs May]

I will try to explain it to my hon. Friend. We already have agreements—the mutual legal assistance agreements—that enable the police force in the UK to ask other police forces in European member states to gain evidence that will be of use and benefit in taking cases to court and in providing evidence. There is also a reciprocal arrangement for other member states to ask our UK police forces to undertake similar evidence gathering. The EIO will simply put that on a timetable and simplify the processes. Currently a number of instruments can be used, but they are complex and confusing to those who use them. The EIO will simplify them into a single instrument and put a timetable on the process, which is why it will be of benefit to the police and prosecutors.

[Michael Ellis (Northampton North) (Con)]

Does the Home Secretary agree with me, and with the police, that the directive will serve to speed up complex investigations, and should therefore help to keep criminals off the streets? Does she also agree that to do so would benefit British society as well as European society?

[Mrs May]

I absolutely agree with my hon. Friend’s point. In response, I would simply cite a case of drugs trafficking that was drawn to my attention in which the failure to execute an MLA request resulted in a misleading picture being presented to the jury of the strength of the prosecution case. As a result, evidence that might have exculpated the UK defendant was not available in time for the trial. That case alone explains why we want to sign up to the EIO.