Madam - Prof Dermot Walsh (October 15th) characterises as "disingenuous" the arguments of those, such as Minister for Europe Dick Roche, former commissioner Peter Sutherland and Senator Eugene Regan, who believe that the Government's adoption of a British protocol on police and judicial co-operation puts Ireland outside the European mainstream in this area.
Prof Walsh points out a criminal justice system reflects national values, procedures and constitutional protections, which differ between member-states. However, he overlooks the fundamental fact that respect for diversity in the criminal law systems of the member-states is the very basis of Europe's approach in this area. The EU does not seek to harmonise, or trespass on national systems, but rather to set up mechanisms of mutual respect for each other's systems.
In recognition of this respect for different national systems and the sensitivity of member-states, the Reform Treaty provides an "emergency brake", negotiated by Ireland under the leadership of the Taoiseach and the then Justice Minister Michael McDowell (no slouch in defending the common law). This clause effectively allows any member-state to veto any measure which it believes affects a fundamental aspect of its criminal justice system. A draft directive can be referred to the European Council (the heads of Government) who must reach consensus before the draft directive can be proceeded with.
Since the emergency brake mechanism provides the necessary protection for the criminal justice system, there is clearly no need for an opt-out. In such circumstances, it would appear unwise to adopt a protocol effectively placing Ireland outside the mainstream of European efforts to bolster police and judicial co-operation. - Yours, etc,
CIARÁN TOLAND BL, The Law Library, Church Street, Dublin 7.