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

Dr. Gavin Barrett:

I hope that was clear in my answer to a question from another member.

I have sympathy with regard to some of the criticisms relating to the operation of the European arrest warrant framework decision in particular. However, many of the concerns expressed in respect of that decision were actually somewhat exaggerated. I am of the view that such concerns were ideological in nature. In other words, there was a tendency to look at everything bad about the framework decision without considering the positive side. I can do no better than refer to the report of the relevant select committee of the House of Lords in that regard. I actually appeared before that committee before it made its decision, although I am not sure I had too much to do with the conclusion it reached. The committee in question stated at the time that the UK Government had not made a convincing case for exercising the opt-out and that its approach would have negative repercussions for internal security, the administration of criminal justice and the UK's influence in Europe. The Lords select committee was quite damning with regard to the prospect of the use of the Protocol 36 opt-out. That raises a question as to why the United Kingdom has been choosing to exercise this opt-out. I do not see the practical reasons for doing it. I am of the view that the UK authorities approach is being driven by ideological rather than practical reasons. Judging by its report, the House of Lords select committee shares that view.

There is no doubt that rights such as those relating to equality and respect are imperative. These rights need to be respected. One of the things about the European arrest warrant is that it is an almost quasi-automatic procedure. If, therefore, Ireland sought the extradition or surrender of somebody who was suspected of being involved in the Dublin and Monaghan bombings, there is a procedure available under the arrest warrant. Previously, it would have been a great deal more difficult in that regard and it would have been possible to introduce many challenges to a request that an individual be surrendered. I do not really want to discuss that matter because I am not aware of any particular individuals who might be subject to European arrest warrants.

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