Dermot Ahern (Louth, Fianna Fail)

Ultimately, this could affect the constitutional rights of our citizens and we have a duty to protect those rights as much as possible. The strong legal advice of the Attorney General is we would be in a much stronger position to deal with issues on a case by case basis using an opt in, opt out clause while making clear our desire is to be part of European changes to deal with all the issues.

People should be careful about saying Ireland will be not be a party to police co-operation or anti-terrorism measures across Europe. We absolutely will be and people should not say that. We will do everything within our power, provided it fits within the framework set down in our Constitution, to protect the rights of our citizens. That is why our desire to be part of the European model on criminal law while retaining a level of protection under our Constitution is a much stronger position in terms of making decisions on a case by case basis than being on the inside and using the emergency brake on every occasion, as a number of people have suggested. Having attended various European Councils during my ten years as Minister, I assure the Deputy our ability to use the emergency brake, which, according to the legislation, can only be used regarding fundamental aspects, would not be possible on every issue and we would be one voice among 27 trying to use the emergency brake on many occasions. It was not a preferable scenario for any Government or Taoiseach. It would be much better to approach issues from the position we have adopted, that is, opt out in the initial phase and opt in on a case by case basis with the clear intention of opting in as much as possible.

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