Eugene Regan (Fine Gael)

When I called two weeks ago for a debate on the opt-out from the EU structures for police and judicial co-operation in criminal matters, the Leader kindly agreed to hold such a debate. Unfortunately, the Government subsequently made a decision on the matter in the absence of debate in this House or the Lower House. The Dáil discussed the matter yesterday, albeit after the event, but we are none the wiser about why we need to exercise the opt-out. The Minister for Justice, Equality and Law Reform mentioned that there are concerns about the move to qualified majority voting in the context of the proposal to establish an office of the European public prosecutor. As the proposed treaty provides that such an office can be established only if there is unanimous agreement on the part of member states, the issue of majority voting does not arise in that instance. No specific example has been given of an area of law which might give rise to concerns of this nature.

Some discussion took place on the exchange of evidence and the proposed European evidence warrant. The Government has included in its legislative programme for this year a Bill to implement this framework decision. Deputy Upton asked a question in the Dáil about the exercise of an opt-out and whether Ireland has exercised an opt-out in the case of making it a criminal offence to employ illegal immigrants. In reply to her question the Government informed her that we have three months in which to opt in and in that time we have neither opted in nor opted out since we can opt in at any time. It seems then that we will never know when the Government has opted in or opted out because it will be an open question.

The Minister should report to the House how Ireland has exercised the opt-out provisions in the Schengen part of the treaty as this would provide some guidance on how this will be operated in the future in the area of policing and criminal law matters. It is important to have clarification on this matter. A referendum is planned on this matter and many questions will be asked as to the precise implications of these provisions. There needs to be clarity regarding Government action in the application of the Schengen opt-out.