UK and Ireland seek opt-out from cross-border police pursuits

Diplomats are discussing giving the UK and Ireland an opt-out on a proposal which would allow the police forces of one member state to enter the territory of another without permission.

The discussion follows opposition by both states at last week’s justice and home affairs council (15 February) when a law on police co-operation was debated by ministers. All 27 member states were in favour of separate parts of the proposal to allow access to their databases of DNA, fingerprints and vehicle registration numbers.

But both Dublin and London opposed a clause which allows, "in urgent situations, officers from one member state may, without the other member state’s prior consent, to cross the border between the two so that…they can take any provisional measures necessary to avert immediate danger to life or limb".

Both states say that since they are not members of the Schengen agreement, which allows for cross-border pursuits, they should be exempt from applying this clause.

But German Interior Minister Wolfgang Schäuble alluded to sensitivities for both states over the only land border they have, namely Northern Ireland, where security force incursions during the terrorist campaigns caused controversy. "There are some specific problems for the United Kingdom and Ireland and everyone who knows those questions is aware of that, so it’s not a surprise…I only need mention the concerns in Northern Ireland and I think you know what I’m talking about," he said.

Ireland and the UK have opt-outs for EU justice proposals in community law, such as illegal immigration and civil law, but they do not have an automatic opt-out on areas such as judicial and police co-operation. But diplomats close to the negotiations say an opt-out was "one of the options mentioned" to overcome the obstacle to the proposal, where un-animity is required.

A separate clause in the proposal which would allow armed marshals on board civilian aicraft was dropped before the ministers’ meeting, amid opposition from several states.

The German presidency had made the incorporation of the proposal, known as the Prüm treaty, a priority of its agenda for justice and home affairs. The treaty was agreed outside the EU by seven states in May 2005 and since then nine states have said they intend to join. Germany said the section of the proposal on access to databases would be sent to the European Parliament for its comments, with hopes that it could become part of EU law before the end of June.

The presidency secured full agreement of EU ministers on the transfer of prisoners back to their home country to serve out their sentence. Polish opposition last December had delayed finalisation of the proposal, which provides that prisoners can be transferred home without their consent or the consent of the receiving state. Poland has a five-year derogation before it must implement the law, which will ease fears over pressure on the country’s prisons.

The proposal "enhances the potential for the offender’s social rehabilitation", said German Justice Minister Brigitte Zypries.

Diplomats are discussing giving the UK and Ireland an opt-out on a proposal which would allow the police forces of one member state to enter the territory of another without permission.