Dermot Ahern (Louth, Fianna Fail)

The charter has full legal effect. There is a cross reference from one to the other and the issue involved was presentational rather than anything else. I welcome that all parties are in favour of the charter's implementation.

With regard to the opt out clause, having examined it, we will be in a stronger position to determine these issues if we can opt out and then make decisions on a case by case basis. We will have much more control. The Deputy is shaking her head but I assure her that is a fact. That was the strong legal advice of the Attorney General regarding myriad issues, not least the way in which proceedings are carried out in court. Down the line decisions at European level could have implications and change the way in which court proceedings are held in Ireland. That was one of the major reasons. Another issue was common travel, to which reference was made in today's newspapers. One of the reasons we were cautious in this regard is changes might be made at European level that might affect our relationship with the British. In addition, future changes to the European arrest warrant by the Union could have an adverse effect on our citizens because the Union might not necessarily take into account the type of legal system we have.

One of the reasons the Government decided to include a strong declaration was to tell our colleagues it was our desire to opt in in every case if possible. As I explained in the last case, which is not a justice and home affairs issue, the Government can opt in before the negotiations begin and decide to be part of the discussion or wait until the regulation is finalised, see what it is like and make a decision, subject at all times to Oireachtas scrutiny. We will be in a much stronger position dealing with these issues as a result.

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