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Statement by Minister for Justice, Equality and Defence, Alan Shatter TD, on proposed UK 'block opt out' from pre-Lisbon Justice and Home Affairs measures

I note yesterday's announcement by the UK Home Secretary, Ms. Theresa May,

of her government’s decision to exercise its discretion, under Protocol 36

annexed to the Lisbon Treaty, to opt out of all EU police and criminal law

co-operation measures enacted prior to the coming into force of the Lisbon

Treaty.  I further note that the UK government also intends to exercise its

right to seek to opt back into some 35 of these measures.  This

announcement confirms a UK government position first flagged by the Home

Secretary in October 2012.

The UK government’s decision will, subject to its approval by the UK Houses

of Parliament, have implications for the co-operation that exists between

the UK and all other EU Member States in Justice and Home Affairs matters.

In this context I have previously raised the matter in separate discussions

with members of the UK government.  I expressed concerns over the possible

implications of this ‘block’ opt-out for the excellent and extensive

co-operation between the respective law enforcement authorities of Ireland

and the UK, much of which co-operation takes place within the framework of

EU law.  It is particularly important that the co-operation between our two

jurisdictions in tackling so-called dissident republican activity should

not be hindered, and I emphasised the vital role of the European Arrest

Warrant in this regard.  As such, I very much welcome Ms. May’s

confirmation that the EAW is among the measures that the UK government will

be seeking to opt back into.

My Department will be examining the detailed implications of today’s

announcement by the UK government.  We intend to liaise closely with our UK

colleagues and with other EU Member States with a view to ensuring that

levels of EU criminal law cooperation are maintained to the greatest degree

possible.