Ireland confirms wish for treaty opt-out

Ireland has sent a declaration to the Portuguese presidency stating its intention to "participate to the maximum possible extent" in laws proposed at EU level on police co-operation. The declaration was sent along with a letter (dated 12 October) by Irish Foreign Minister Dermot Ahern informing the presidency that Ireland wished to join the UK in having the choice to opt out of laws in the field of justice and home affairs.

The Irish government is insisting that its ‘opt-out’ is different from that of the UK’s. The declaration states that Ireland wants to participate in most laws and that it will not follow the UK on refusing jurisdiction of the European Court of Justice on previous justice and home affairs legislation. It has specifically said that it wants to opt in to all legislation on the freezing of terrorist assets, with no option to bow out. The government will also review the opt-out after three years.

But the Irish government is under fire at home for its decision to follow the UK in availing itself of an opt-out on justice and home affairs. Opposition parties and Europhiles have accused the government of not having its own policy on Europe while others are also mindful of giving the wrong signal to the public on the reform treaty ahead of a referendum next May (Ireland is expected to be the only country to hold a vote on the reform treaty).

Former European commissioner Peter Sutherland said that the move would undermine Ireland’s position in the EU. "In the future, when Ireland is fighting for its real national interests in the EU, this decision to seek a right to opt out will surely undermine our position. We have no need of special ‘opt-ins’ or ‘opt-outs’ which make us look timorous and unco-operative in the eyes of our European partners," he said in a letter to the Irish Times.

Fine Gael, the main opposition political party, criticised the decision in light of the government’s previous acceptance of changes to justice and home affairs under the constitutional treaty. "Did they forget to negotiate an opt-out from the constitution? If we didn’t need one then, why do they think we need one now?" asked Charlie Flanagan, Fine Gael spokesman on justice.

Even Europe Minister Dick Roche, ahead of the government’s decision on the opt-out, warned against "slavishly" following the UK example.

Dermot Ahern has denied doing so. "Our approach to the reform treaty is markedly different from Britain’s. We have no general reticence about enhanced EU efforts in the justice area," he said. The common law justice system, shared by both the UK and Ireland, meant not following the UK on the opt-out would have put Ireland in a "difficult position", he said. The shared border with the UK and the common travel area between the two countries are also cited as reasons for the opt-out.

Irish officials have denied that Ireland would lose influence in the EU given the sympathy for the country’s position and its participation in other areas of EU integration. "Other countries do see a difference: we’re in the euro, we’re opting into the Charter on Fundamental Rights and we wouldn’t have gone down this road if it wasn’t for the British," said one official.

Ireland has sent a declaration to the Portuguese presidency stating its intention to "participate to the maximum possible extent" in laws proposed at EU level on police co-operation. The declaration was sent along with a letter (dated 12 October) by Irish Foreign Minister Dermot Ahern informing the presidency that Ireland wished to join the UK in having the choice to opt out of laws in the field of justice and home affairs.