It would be nice to know what HMG thinks now. On Saturday Christopher Hope wrote in the Daily Telegraph:
The Spanish EU Presidency, backed by France and Germany, announced that it is going to propose the creation of an EU European Public Prosecutor next month using powers under the Lisbon treaty.It is, indeed, very worrying. Even more worrying is the attitude of the Government that refuses to acknowledge that there is a very great danger of this coming to pass and, therefore, there ought to be some kind of a British policy on the subject. And even more worrying than that is the lack of any kind of comment from Her Majesty's Opposition. Will they veto any proposals for a European Public Prosecutor?
The move is regarded as "extremely worrying" and is seen as a further attempt to transfer powers from London to Brussels.
Christopher Hope goes on:
The British Government has consistently opposed the plans but is powerless to stop them going through as they can be passed as long as they have the backing of nine member states under so-called “enhanced co-operation”.That's not quite what Article 86 says, as this blog pointed out in the previous posting and not quite what Marta Andreasen said in her Open Letter to David Cameron. One more question HMG should reply to: what can they do to stop this development, if anything, and do they intend to do it?
Britain has "opted out" of the system, which means that while the European prosecutor will not be able to bring cases in this country, he will still be able to issue European arrest warrants to force UK citizens to face prosecution in another member state – without asking the permission of the Government or the Director of Public Prosecutions, Keir Starmer.