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.