The Government is preparing to follow the example of the British by opting out of key provisions in the EU reform treaty designed to tackle crime on a cross-border basis, writes Stephen Collins, Political Editor.
A Cabinet sub-committee will meet today to decide on a recommendation to the full cabinet which is due to make a final decision on the matter tomorrow.
Last month Minister of State for European Affairs Dick Roche publicly urged the Government not to "slavishly follow" the British by opting out of EU efforts to pool sovereignty in judicial and police matters.
However, Ministers have since been circulated with a memo from Minister for Justice Brian Lenihan, advocating an opt-out from the treaty provisions. The Green Ministers, John Gormley and Eamon Ryan, are believed to have taken the same view. The indications are that the Taoiseach has been swayed by the argument and Ireland will join Britain in opting out of the justice and home affairs provisions of the treaty, which are designed to underpin the fight against cross-border crime like drugs, people trafficking and terrorism.
The Department of Justice and the Attorney General's office are wary about the EU treaty provisions on the basis that legal difficulties could arise from the fact Ireland and Britain share the same common law provisions, as distinct from continental law, as well as sharing a common travel area.
The Green Ministers are keen to opt out of provisions that could be interpreted as an erosion of civil liberties and they will also be able to point to the opt-out as an achievement in the party debate which is due to take place on the treaty.
Ministers are also worried that a decision to opt in could give ammunition to anti-EU campaigners in the referendum campaign which is expected next summer.
Government sources maintained last night that while an Irish opt-out was now inevitable, the Cabinet decision would also involve a commitment to opt in if conditions were suitable in the future. They also pointed to the fact that Ireland would not follow the British example in opting out of the Charter of Fundamental Rights.
When the reform treaty was agreed in Brussels last June the Taoiseach negotiated the right for Ireland to follow the UK opt-out in justice and home affairs, stressing the common border and similar legal systems. The opt-out protocol means that neither Britain nor Ireland will automatically take part in EU decisions in the field of justice and police co-operation but both states can choose to opt into particular decisions. However, they may not be able to influence how the proposed European legislation is formulated.
Mr Roche warned only last month that a decision to tie Ireland's fate to Britain in this area would undermine the State's influence in Europe. "I believe there is no coherent argument why we should automatically and slavishly follow Britain. The last thing we need to do is separate ourselves from the European mainstream."
Fine Gael justice spokesman in the Seanad, Sen Eugene Regan, said Ireland may lose out on crucial new EU initiatives to fight organised crime. "The EU is paving the way for greater cross-border co-operation in the fight against drug smuggling, international criminal gangs and people trafficking. Yet a major split at Cabinet level means Ireland might be left on the sidelines, at a time when the threat posed by drug-rich criminal gangs has never been greater," said Sen Regan.
"Ireland is experiencing the devastating effects of a resurgent domestic gangland, which already has links to criminal organisations across Europe. The double gun murder in Walkinstown, Dublin on Friday night, and the recent shooting of Garda Paul Sherlock, are just the latest examples. And there are now indications that international criminal networks are interested in setting up Irish operations," he said.