Schengen raises tough questions for Ireland

The European Commission's proposals for the establishment of an EU entry/exit scheme, accompanied by various border-management measures, would mark a further technological leap forward in the development of the Schengen area of border-free travel. But the initiative, published on 13 February, raises the question of where the UK and Ireland, the only countries not seeking full membership of Schengen, might fit in.

Presenting the proposals, Franco Frattini, the commissioner for justice, freedom and security, said that the Commission was "open to all those who will decide to opt in". The reality, however, may be different. A judgement in the European Court of Justice in December 2007 made it clear that the UK and Ireland have a right to opt in only to those measures that build on the aspects of the Schengen system in which they are already formally participating - namely police and judicial co-operation.

According to one diplomatic source, this is likely to prevent the UK and Ireland from being able to "opt in to the core" of the Commission's plans for an entry/exit scheme, although it might leave scope for data-sharing. Some officials within the Commission share the view that the two countries cannot be fully involved.

The practical impact could be considerable. A third-country national wishing to travel first to the UK or Ireland and then on to continental Europe, would have to go through two separate sets of increasingly heavy security controls, including the checking of biometrics.

One way of reducing the impact is to try to ensure that border-protection measures in the UK and Ireland develop in a way that is compatible with those in Schengen countries. Some examples of positive action to ensure such interoperability already exist. The UK and Ireland were not allowed formally to participate in the adoption of an EU law establishing standards for security features in passports, but this did not stop them from taking similar steps through national law.

The Commission envisages that Schengen states will install in airports and at other border-crossing points automated gates for the use of citizens of Schengen countries. Interoperability of security features should mean that citizens from the UK and Ireland will also be able to use them - as will registered, 'trusted travellers' from third countries.

But is this enough for Ireland? The main reason that it remains outside the full scope of the Schengen zone is the Common Travel Area it already shares with the UK, which effectively is a passport-free zone.

The indications are, however, that new requirements will soon be placed on Irish citizens travelling to the UK by air or sea, because of the e-borders programme that the UK government plans to introduce. The scheme, to be rolled out in 2008-09, will require airlines and ferry companies to submit detailed personal information on their passengers prior to their departure to and from the UK. The British government has admitted the possibility that Irish nationals may in the future have to carry passports in order to provide the information needed.

Ireland will also be aware that staying out of the Schengen zone comes at a price. Schengen member states can benefit from the EU's border fund, when they implement agreed border management measures. The fund has Û1.8 billion for the budget period 2007-13 and Frattini indicated that it would be used to cover up to 70% of the costs of setting up the entry-exit scheme.

The argument against Ireland joining Schengen has always been that it would lead to the establishment of border controls between Northern Ireland and the Republic of Ireland. But recent developments suggest that the UK is keen to avoid any such steps. It has proven willing to incur the wrath of leading Unionist politicians by deciding to apply e-border checks to people travelling from Northern Ireland to the mainland, so as to avoid having to apply such checks at the land border between the two parts of the island. But if Ireland did decide to join Schengen, while its neighbour chose to remain resolutely outside, a whole new order of technological solutions would be needed.

The European Commission's proposals for the establishment of an EU entry/exit scheme, accompanied by various border-management measures, would mark a further technological leap forward in the development of the Schengen area of border-free travel. But the initiative, published on 13 February, raises the question of where the UK and Ireland, the only countries not seeking full membership of Schengen, might fit in.