The British government's determination to introduce a system of electronic border controls against terrorism and cross-border crime is creating multiple dilemmas in Ireland. How can this be reconciled with the Common Travel Area between the Irish and UK jurisdictions allowing free movement to their citizens since 1922? And if such controls are not applied at the Border between the Republic and Northern Ireland will they be imposed on those travelling between Northern Ireland and the rest of the UK?
Several solutions to these problems have been suggested in recent weeks as information about the new system has gradually emerged. It is clear that an e-border regime has been under lengthy consideration in the British Home Office and the Department of Justice here, but neither has as yet properly clarified exactly what is at stake. The 9/11 atrocities in the United States in 2001 catapulted international terrorism on to the political agenda and have led to much more rigorous transatlantic air and sea traffic controls. They have stimulated similar initiatives at European Union level. But the UK authorities have not been willing to go along with these, preferring to reinforce their own border controls. That reluctance has created the policy dilemmas in Ireland.
So far the Government appears committed to match the emerging British e-border control system, based on extensive monitoring of travel movements and expensive watchlists of suspected persons, as a way of minimising the impact on Irish citizens. Minister for Justice Brian Lenihan acknowledges the deleterious effects of 9/11 and recognises that in reality identity papers are now required for those travelling from the Republic to Britain.
But that does not necessarily require this State to replicate the British system. Should the British government insist on applying border controls between Northern Ireland and Britain the question can justifiably be raised whether it would not be better for Ireland as a whole to join the EU-wide Schengen system of external border controls and internal free movement, in which nine new member states are shortly to participate.
This could be done through an initiative between the Government and the Northern Ireland Executive, without prejudicing the British citizenship of Northern Ireland residents. It would enable citizens of both jurisdictions to extend their freedom to travel throughout Europe and be a cheaper option. It would also substantially reduce the damaging legal divergence between Ireland and the EU arising from our close relationship with a more sceptical UK. A detailed debate should take place on this important issue.