State opts out of crime measures

THE Government has decided to opt out of new EU measures to co-operate in the cross-border fight against organised crime, terrorism and drug trafficking.

Taoiseach Bertie Ahern told the Dáil they would decide on a case-by-case basis when to opt-in to justice and security legislation under the new EU treaty to be put to a referendum next year.

But the decision has been heavily criticised by the opposition and members of the European Parliament.

The Government was willing to adopt all the justice changes when they were in the original EU constitution, but yesterday decided to avail of the opt-out deal which Britain negotiated.

Justice Minister Brian Lenihan and Foreign Affairs Minister Dermot Ahern argued for the opt-out during the cabinet meeting while European Affairs Minister Dick Roche is understood to have spoken against it.

The decision is also seen as a sop to the Green Party who campaigned for a ‘no’ vote in both referenda on the Nice Treaty. Their leader, John Gormley, said they would consider their position but it’s widely expected they will support Fianna Fáil in the coming referendum.

Mr Ahern said that the opt out would ensure that people’s constitutional rights were not jeopardised and that EU arrest warrant procedures for example, could not be imposed against people’s wishes.

“Ireland reserves the sovereign right to say yes and no,” he said.

However, under the terms of the treaty, the crunch will come after five years when Ireland and Britain will have no option but to decide whether to opt in or disengage from EU legislation in justice and security.

Labour MEP Prionsais De Rossa said Ireland was putting itself on the margins of Europe with the Euro-sceptic wing of Britain. “And we are failing to take the necessary measures to protect our citizens,” he said.

Up until now, most security, police and justice co-operation measures have been decided by unanimity between EU governments. Under the new treaty, the European and national parliaments will have a role too — and decisions will need a majority of about three- quarters of the member states, together with a majority of MEPs.