Government joins Britain in opting out from charter

THE Government has joined a British justice group within the European Union in a move criticised by some MEPs as marginalising the country.

The move to form a core group with Britain that has opted out of Justice and the Charter of Rights under the new treaty, has been criticised by politicians and academics as a ploy by those within the government who have a problem with European integration.

Officials and ministers from the Department of Justice have worked closely with Britain on justice issues, which at EU level are agreed mainly between governments.

Legal experts say the differences between common law and civil law system, which operates in most EU countries, are exaggerated and the differences are mainly in how the systems are processed.

Junior Minister in the Department of Justice, Sean Power, said Ireland had to defend the common law system. “We have more in common with Britain than we have with the others,” he added.

A British official said the common law countries needed to stick together and make sure common law practices are recognised at EU level.

There are 30 to 40 directives that Ireland and Britain have opted out of in Schengen — the free travel area — and other justice areas. “Cyprus and Malta have joined with Britain and Ireland and this is a new recognition that they have a common law and need to be protected also,” he said.

Britain and Ireland have reserved their right to opt out from the same provisions in the new Reform Treaty. Ireland has added a protocol saying they intend to opt in whenever possible and will review the situation in three years.

The group was criticised by legal expert, Dr Laurent Pech, of the National University of Ireland in Galway. “The traditional distinction between the civil and common law systems is being used as a rhetorical device to justify the Irish decision to follow the UK and ask to benefit from the new right to opt out from decisions adopted in the police cooperation and criminal law areas,” he said.

He said the Director of Public Prosecutions rejected the idea that judicial co-operation within the EU was made impossible by the divide between civil and common law systems.

Fine Gael MEP Colm Burke, a solicitor, said Ireland needs to be included in joint EU justice, judicial and police cooperation.

“We are leaving ourselves marginalised if we continue to stay outside such areas of collaboration, not only regarding combating international terrorism, but also in relation to drug and people trafficking and so on,” he said.

“Any Irish decision should not be contingent on a UK opt-out,” he said.

Labour party MEP Proinsias de Rossa was also critical of the move and said Ireland’s legal system was very different to that of Britain. Ireland has a written constitution and the Supreme Court to interpret our law while Britain had an unelected House of Lords.

“There is plenty of leeway given at European level to tweek legislation or seek derogations.”

Peadar Ó Broin, a solicitor, is policy analyst on justice with the Institute of European Affairs in Dublin, said setting up a group between the common law countries was a good idea in terms of debating procedural issues.