Oireachtas Joint and Select Committees

Wednesday, 25 September 2013

Joint Oireachtas Committee on Justice, Defence and Equality

Proposed UK Block Opt-Out of JHA Measures: Discussion

10:00 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I thank Dr. Barrett for a really comprehensive overview which is very helpful to the committee. Following from Deputy Mac Lochlainn's question, I am interested in the consequence for Ireland of the UK position, which whatever the motivation, clearly is the necessity to have ready a plan B in the shape of bilateral agreements with the UK if that country does not decide to opt back in to measures such as the European arrest warrant.

I refer to the effect on the development of justice and home affairs, JHA, measures generally. Dr. Barrett highlighted that there may be a slowing down of development or expansion of Europol's powers. I can see the advantages and disadvantages to this. There was a strong view in Irish criminal justice circles for a long time that opting in generally to JHA measures was going to water down protections for the accused in Irish law and, much as some of the Tory back bench concerns were valid, those were very valid concerns. I agree with Dr. Barrett that at EU level there has been in more recent years a better focus on rights, not only of accused persons but also of victims. Initially at least, it did appear that we would be diluting our constitutional protections and due process by opting in to everything. I am interested in this idea of the slowing down of development of JHA. Does Dr. Barrett regard this as a real issue not just in terms of Europol? For example, a motion is to be before the House on the European public prosecutor's office. Will this measure be affected by virtue of the UK opt-out?

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