The UK has so far steadfastly refused to opt in on any Justice and Home Affairs Rules of the European Union but not anymore. Yesterday, Theresa May, the Home Secretary told MPs, the coalition Government would opt-in the European Investigation order (EIO), calling it an "invaluable tool" to tackle crime.

The EIO was initially initiated by Belgium, Bulgaria, Estonia, Spain, Luxembourg, Austria, Slovenia and Sweden.

Under current regulations, Uk uses the Mutual Legal Assistance (MLA) mechanism to request assistance from other member state police forces. In 2005, the MLA was activated which enabled the Italian police to arrest one of the failed 21 July bombers, Hussain Osman.  

Citing national interest, the Home Secretary claimed adopting the EIO would help better collaboration among police forces across member states and it also simplifies procedures that are currently too cumbersome and confusing. However, Ms. May faced criticism from some of her own backbenchers which include David Davis MP, as well as civil liberties groups.

Mr. Davis, a former Shadow Home Secretary, claimed that the EIO would empower foreign authorities to direct British police action while civil liberties groups have warned that there would no basis to refuse any further requests and this action could force British police officers to obtain DNA samples as well as bank records.

"Unless vital new safeguards are introduced, the decision to rush into this ill thought-out measure will be regretted across Europe," said ago Russell, head of Fair Trials International.

“The UK government has rightly said it will support new EU justice laws if they make us safer and respect our civil liberties. The problem is, these proposals do neither. Police time could be wasted dealing with unreasonable demands for evidence and the cost to our privacy could be enormous. The proposals are also completely one-sided. If you are under suspicion you will have no right to demand information from overseas police to prove your innocence,” he added.

The Home Secretary reassured the House of Commons while accepting that the draft agreement is "not perfect" but that the UK would play a "key role in shaping a workable system with safeguards".

She further argued that the Government would ensure there is a "proportionality test" and the EIO would not allow foreign authorities to direct police forces or allow foreign police forces to have enforcement powers within the United Kingdom.