The Government decision to follow Britain and opt out of new EU procedures aimed at a common approach to cross-border crime was defended last night by Ministers, who maintained that it was necessary to protect the constitutional rights of Irish citizens, writes Stephen Collins, Political Editor.
Fine Gael condemned the decision, saying it would benefit gangland criminals involved in international crime, while a former Irish EU commissioner said the decision would do lasting damage to Ireland's standing in the EU.
After weeks of internal debate, the Cabinet yesterday approved the EU reform treaty but decided to opt out of the new EU voting rules on judicial and police matters. Minister for Foreign Affairs Dermot Ahern said the opt-out would be reviewed after three years. He denied that the Government was "slavishly following Britain".
He said if Ireland had opted into the system we would have been isolated as a common law area and subject to qualified majority-voting decisions that could have affected the constitutional rights of Irish citizens.
Minister for Justice Brian Lenihan said Ireland was opting out of qualified majority voting in specific areas and he denied that this would hamper fighting cross-border crime.
He said that if Ireland had opted in while Britain opted out, EU police could have come into this country to arrest people.
Mr Lenihan said the declaration would make it clear that Ireland would co-operate to the maximum extent.
"Our position is quite different from Britain. We have bought in to the Charter of Fundamental Rights from which they have opted out. We will put forward a declaration on justice and home affairs that will make it clear that we want to co- operate to the maximum possible extent."
Green Party Ministers are understood to have supported the opt-out decision but would make no comment afterwards. In a letter to The Irish Times, former EU commissioner Peter Sutherland claimed that the opt-out decision was a major mistake that would have a negative and lasting impact on Ireland's standing in the EU.
Fine Gael justice spokesman Charlie Flanagan said the Government may assist Ireland's gangland criminals by opting out of the Europe-wide anti-crime measures.
"Fianna Fáil has not explained why, if our different legal system is such an obstacle, it chose not to opt out of the European constitution that contained much the same provisions as the reform 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?"