Michael McDowell (Dublin South East, Progressive Democrats)

I thank Senators for their positive attitude towards the amendment. As regards Senator Jim Walsh's comments, I have no objection in principle to harmonisation where it is necessary but I have a slight fear, which I have always expressed, regarding involuntary harmonisation where others consider it necessary and we have good reason to oppose it. That is why I was pleased that under the IGC text on criminal justice measures, where QMV applies, a state such as Ireland could, if a measure significantly amended our own criminal law arrangements, invoke an emergency brake procedure, refer it to the Council of Europe and if the Irish position was maintained, the other states could give us an opt-out, which would allow them to proceed on the basis of enhanced co-operation.

That is a sensible approach to the development of the criminal law systems of member states. We are the best judges of whether something would be seriously damaging to our system and we have given ourselves a little elbow room in the context of the introduction of QMV to protect our system from involuntary change which goes against its fundamental values or procedures. I thank Senators for their attitude and I am grateful to the House for receiving and noting the amendment.