WorldView: The European Union is a treaty-based entity and every now and then, its founding documents require to be revisited so as to ensure that they continue to meet the needs of a changing Europe, writes Dermot Ahern
With 50 years of European co-operation behind us, and at a time of great change in global affairs, this is one of those moments when Europe needs to give itself some new bearings so that it can continue to deliver tangible benefits to our people. This has been the purpose of the recent treaty reform process.
The reform treaty has emerged from an extended period of reflection and negotiation at European level in which Ireland has played a central role. The new treaty is designed to equip the Union of 27 member states to be more effective in dealing with the challenges facing today's Europe, challenges such as how to cope with climate change, energy security and the economic impact of globalisation.
The reform treaty will also give full legal status to the Charter of Fundamental Rights. The Government has definitively resolved not to associate ourselves with a British protocol on the Charter of Fundamental Rights. We see the charter as an important statement of the Union's values and are completely committed to it.
One key feature of the reform treaty is the creation of an area of freedom, justice and security. This new emphasis on the need to build co-operation in the justice area reflects the realities of modern Europe. Economic openness, which has brought such enormous benefit within the European single market, has been exploited by unscrupulous criminal elements. This has resulted in a renewed determination at EU level to root out cross-border crime.
In 2004, Ireland was instrumental in forging agreement on the new justice provisions within the constitutional treaty. We would have been happy to have ratified and implemented that treaty including its key elements in the justice field. In the negotiations culminating in the draft Reform Treaty, we argued to retain as much as possible of what was agreed in 2004 and what has emerged meets our fundamental requirement of making the Union more effective.
There are, of course, some changes in the reform treaty and one of these relates to the justice area. The British decision to exercise an opt-out in the areas of criminal law and police co-operation has unavoidable implications for Ireland. The fact is that Ireland and Britain both have common law systems. European legal systems are quite different. This means that EU decisions in the legal area need to reconcile the different traditions that exist within the Union.
We were very comfortable with the justice provisions of the constitutional treaty agreed in 2004. We were confident that the combined negotiating weight of Ireland and Britain would have been sufficient to ensure respect for the essential features of our shared common law tradition. The British decision to absent itself from justice measures under the Reform Treaty would have left Ireland in quite a different position. As one of a handful of small member states with a common law tradition, it could have been very difficult for Ireland acting alone to shape future proposals in a direction palatable to us.
Faced with this new situation, the Government had to weigh up its options and to decide on the best course of action. The mandate for the current negotiations gave Ireland the opportunity to join the new opt-out on criminal law and police co-operation.
This was a difficult decision. I want to make it clear that, had this been a straight opt-out, we would not have gone for it. We were only willing to consider participation in this opt-out arrangement because it includes a vital provision to allow us to opt into future measures on a case-by-case basis. That is what we intend to do, except in circumstances where doing so could create important legal complications for us.
While we will be joining this opt-out, Ireland will be making a strongly worded declaration underlining our firm intention whenever possible to join with our European partners in this vital area, which is of growing importance in today's Europe. We intend, in particular, to opt into future police co-operation measures. The aim is to retain our strong commitment to EU co-operation while giving ourselves options whenever our particular legal traditions may be called into question in an EU context. This in no way undermines our determination to press for effective EU action against serious cross-border crime.
As Justice and Home Affairs is a relatively new area of EU activity, we have decided to review our participation in this particular opt-out after three years. This will give us a chance to see how European policy evolves under the new treaty arrangements and to make a fuller assessment of the potential risks to aspects of our common law system.
It has been said by some that we are taking this line purely because Britain is doing so. This is certainly not the case. Even in the justice area, where we do have quite a lot in common, our approach to the Reform Treaty is markedly different from Britain's. We have no general reticence about enhanced EU efforts in the justice area. For example, the British opt-out covers measures concerning the freezing of terrorist assets - ours does not. We are fully and irrevocably opting-in on that issue. Britain is unwilling to commit itself fully to giving the European Court of Justice a role in JHA matters. We have no such reservations. We will also be differentiating ourselves by making a strong political statement underlining our desire to participate whenever we possibly can.
We have examined all aspects of this issue with great care. I am happy that the decision we have arrived at serves our fundamental interests. We will, however, be keeping this whole issue under active, ongoing review.
I look forward to agreement being reached on the reform treaty at next week's European Council. This treaty represents the next step in Europe's evolution. It is in Europe's best interests to update the Union's mandate and structures in the way that this treaty does. Ireland's values and interest are best served by continued involvement at the heart of an evolving Union. This is why I will be strongly recommending the reform treaty, including the special arrangements that will apply to Ireland in the justice area, to our electorate during the coming year.
Dermot Ahern is Minister for Foreign Affairs