Oireachtas Joint and Select Committees

Thursday, 26 February 2015

Joint Oireachtas Committee on European Union Affairs

Possible Exit of UK from European Union: Discussion (Resumed)

2:00 pm

Photo of Aideen HaydenAideen Hayden (Labour) | Oireachtas source

Good. It is complex from a legal perspective. I have a nerdy question. In the section of her paper on opting in or opting out, Professor Maher said, "The reason for this opt-out for Ireland seems to have been driven by concerns about the integrity of the common law system and differences with the civil law traditions dominant in other member states and by the fact the UK was going to opt out". Anybody listening to this on television would wonder what Professor Maher meant by it. Both witnesses mentioned the issue of civil and common law jurisdictions and suggested that, given that both Ireland and the UK are common law countries, we should remain together in a common law bloc. Did I understand this correctly? Could the witnesses be more specific on why is it important? Mr. Regan made a point that any change to the existing system would have implications for commercial law. This would not have occurred to me. Could he expand on it?

My final question relates to the changing security situation that Europe is facing, particularly from Islamic State.

Is it possible that the greater security challenge we are facing will have an impact on how Britain treats the negotiations on the common travel area and border control issues?

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