Oireachtas Joint and Select Committees

Wednesday, 16 October 2013

Joint Oireachtas Committee on Justice, Defence and Equality

Scrutiny of EU Legislative Proposals: Discussion with Department of Justice and Equality

9:35 am

Mr. Andrew Munro:

As the Chairman said, the question on subsidiary is a matter for the competence of the Houses, particularly in relation to protocol 2 to the treaty. As I said in my opening remarks, it is very challenging. It marks, as with any measure, a degree of transfer of sovereignty and control to the Union in a particular area any time we agree a new measure at EU level. It is particularly challenging in the ways that I mentioned. It would require us to turn our investigation and prosecution system upside down, to some extent, in that it would now require to be prosecutor led. It would require change to our approach to criminal procedure law and it would see an external prosecutor operating within the State for a time. These are things that are relevant to a judgment on subsidiarity. The Government has not taken a particular view on that issue. I would not seek to influence the decision of the Houses in relation to it but it is certainly a relevant question.

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