Madam, - Prof Dermot Walsh (October 23rd) crucially accepts that the "emergency brake" negotiated by Ireland in the Constitutional Treaty, and now contained in the Reform Treaty, is an effective veto over police and judicial co-operation on criminal matters. However, his letter also reveals the main basis for the Irish adoption of the British opt-out in this area - a misplaced fear of European co-operation.
What is striking in his latest letter is that Prof Walsh's core argument in favour of the opt-out is political rather than legal. He argues that the EU has "forced us" to accept measures such as the European Arrest Warrant and police co-operation. This is not possible in an area over which we currently have a veto.
Prof Walsh argues that, as a small country, Ireland cannot deploy a veto. This is simply untrue. Is he really suggesting that Ministers for Justice John O'Donoghue and Michael McDowell rolled over on measures in the area of criminal law which were a threat to the Irish legal system? The fact is that in the entire history of our membership, Ireland has rarely found it necessary to use the veto.
Prof Walsh's approach is defensive. It is based firstly on Ireland's perceived inability to influence other member-states and obtain necessary amendments during negotiations; and, secondly, on the belief that other member-states will put such pressure on Ireland that it is unable to use its veto in a matter of essential national interest. Ultimately, his case for an opt-out is one for withdrawal from the field.
The case for an opt-out remains unproven. An opt-out is not a negotiating tool: it cannot be used to negotiate, merely to withdraw from negotiations and their consequences. It is not necessary to defend our legal system, which is protected by the emergency brake. Unlike our other opt-outs, it is not required because of our common travel area with the UK.
This opt-out is instead a policy tool arising from fear of co-operation. It is unnecessary, and is unprecedented in Ireland's engagement with the European Union. If this is not an approach which seeks to place Ireland on Europe's fringes, I fail to see what is. - Yours, etc,
CIARÁN TOLAND BL,
The Law Library,
Church Street,
Dublin 7.