EU:EU justice commissioner Franco Frattini encouraged the Government yesterday not to follow Britain and opt out of EU efforts to pool sovereignty in justice matters.
He said Irish people had an interest in being fully part of the EU's justice and security policy as this would give them additional security against crime and terrorism.
"Think about terrorism and think about combating of organised transnational crime or trafficking in drugs. It is impossible to imagine Irish people being outside this common space," said Mr Frattini. He added that the EU would offer flexibility to Ireland and Britain whatever decision they made in talks on the new EU Reform Treaty.
The Government is considering whether to opt out of the section of the treaty that deals with justice and police co-operation. Britain has negotiated a clause enabling it to withdraw from EU decisions on justice matters to safeguard national laws.
British home secretary Jack Straw, who met Minister for Justice Brian Lenihan in London recently for talks, said Ireland had to make its own judgment on the issue as it had done in relation to joining the euro.
He said Britain had got an opt-out to ensure that differences between its common law system and the Napoleonic civil system in Europe were respected.
The Government is almost certain to retain its existing opt-out from the EU's common border Schengen agreement.
By staying outside Schengen, Irish people will enjoy the free travel area with Britain - this is considered essential because of Northern Ireland - but it means they will continue to have to show passports when entering other EU states.
They may also face new rules when entering states inside Schengen.