MEPs divided as court backs search powers for watchdog

Date: 21/03/02

By Martin Banks

MEPs are to appeal against a court ruling which they say gives OLAF, the European Union's anti-fraud office, powers akin to 'SS storm troopers'.

The move comes after the Court of First Instance ruled against German MEP Willi Rothley and 70 other members, who had challenged the decision of the Parliament to make deputies subject to investigation by OLAF.

In doing so, the court reinstated OLAF's powers in relation to MEPs, which had been suspended for 12 months pending the outcome of the hearing. The deputies say they will now appeal to the European Court of Justice in Luxembourg.

Socialist Rothley said the ruling, which took judges four hours to reach, means that OLAF will now, for example, be able to search deputies' offices, both at the Parliamentary buildings in Brussels and Strasbourg, and in their member states.

Such searches are only likely in cases of suspected serious wrongdoing, but Rothley, deputy chairman of the legal affairs committee, says OLAF's powers are too far-reaching.

'I was surprised and disappointed by the court's decision because it gives OLAF totally unacceptable powers over MEPs,' he said. 'It means, for instance, that OLAF investigators will be within their rights to enter and search not only my Parliamentary office, but also the office in my home country. Surely, deputies have a right to some sort of privacy like everyone else. I believe this is simply going too far.'

Fellow Socialist Bill Miller echoed his concerns, saying: 'This decision virtually gives OLAF the powers of SS storm troopers in Nazi Germany. It's just not on.'

But the ruling was defended by José Gil-Robles, the Spanish European People's Party member, who was European Parliament president when it originally conferred investigatory powers on OLAF in 1999. He said: 'I welcome the decision to reinstate OLAF's powers in this area but, really, MEPs have nothing to fear. I am not aware of any deputy having his or her office searched since 1999. OLAF will have to have very good reasons for undertaking a search.'

MEPs are to appeal against a court ruling which they say gives OLAF, the European Union's anti-fraud office, powers akin to 'SS storm troopers'.