State to opt into EU protection order, says Shatter

MINISTER FOR Justice Alan Shatter signalled that Ireland will exercise its right to opt into looming EU legislation to enforce…

MINISTER FOR Justice Alan Shatter signalled that Ireland will exercise its right to opt into looming EU legislation to enforce protection orders throughout Europe and give rights to crime victims in cross-border cases.

The Minister has also been asked by the European Commission to examine how national bodies such as the Criminal Assets Bureau could be empowered to seize assets held by criminals in other European countries. He will submit an ad hoc report on his findings to EU ministers at an informal meeting in Poland next month.

On the fringes of an EU meeting yesterday in Luxembourg, Mr Shatter told reporters he plans – subject to the Attorney General’s advice – to seek Cabinet approval to participate in a new scheme for the pan-European recognition of protection orders.

Ireland does not automatically participate in initiatives in the justice area but has the right to opt in at the outset of the legislative process or at its very end.

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“At the moment if you have a barring, protection or a safety order and if you go on holidays to England or Spain, France or wherever, and if the other spouse who’s been harassing you and is obsessive follows you out there, there’s no reciprocal recognition of these order, no reciprocal enforcement of these orders,” he said.

“The police, say, in France could only intervene at present if there’s an incident, if you are assaulted, for example. I particularly welcome the fact that we now have the proposed regulation on the cross-recognition of what called protection orders.”

The development of the scheme is part of a wider push by European justice and home affairs ministers to give the citizens of EU countries rights if they fall victim to a crime when travelling in another EU state.

Mr Shatter wants the Ireland to participate in this initiative and will propose to Cabinet next Tuesday that the Government should exercise its opt-in.

The Minister said there was a “cross-fertilisation” between the European plan and Irish moves to put victims’ rights on a statutory footing. “It’s a useful coincidence that it’s being worked on at a European level while we’re working on it at a domestic level,” he said.

“The importance of what’s happening at European level is it means victims will have rights.”

Mr Shatter said he received widespread support at a informal meeting of centre-right justice and home affairs ministers for his call to strengthen the capacity of national agencies to seize criminal assets abroad.

Arthur Beesley

Arthur Beesley

Arthur Beesley is Current Affairs Editor of The Irish Times