Dick Spring
Question:129 Mr. Spring asked the Minister for Justice, Equality and Law Reform the aspects, if any, of the Schengen accord which he expects Ireland to sign up to in the near future. [4300/98]
Written Answers. - Schengen Agreement.
The Schengen Agreement, 1985 and Implementing Convention, 1990 contain provisions for the gradual abolition of checks at the common borders of the Schengen member states. Those arrangements have developed outside of the EU legal framework. Any member state of the EU may become a party to the Schengen Convention, but there is no formal status less than full accession to the Convention. Ireland has not joined the Schengen arrangements to date.
The Treaty of Amsterdam provides for the incorporation of the Schengen arrangements into the framework of the EC and EU Treaties. The necessary preparatory work to deal with all aspects of the incorporation of the Schengen Acquis into the EU framework is ongoing in the EU Council. This includes the distribution of the elements of the Schengen provisions between the EC and EU Treaties.
The relevant Protocol to the Amsterdam Treaty confirms the position of Ireland as a non-party to the Schengen arrangements, but contains a provision that would enable Ireland to request to take part in some or all of the Schengen provisions, after the Treaty comes into force.
The question of possible opt-in by Ireland to some of the Schengen arrangements will arise at that stage and will take account of the decisions of the EU Council determining the legal basis for the individual elements of the Schengen provisions, for the purpose of the incorporation into the EU framework.
Any question of Ireland opting into particular provisions of the Schengen arrangements will also take account of the need to maintain the existing common travel area with the United Kingdom, which is also non-party to the Schengen Convention.