As the Deputy will be aware, the proposed draft constitutional treaty for the European Union contains extensive proposals in the area of justice and home affairs. These include provisions in the areas of asylum, immigration and border controls, judicial co-operation in civil matters, judicial co-operation in criminal matters and police co-operation. In approaching these articles, the Government has stressed its continuing commitment to co-operation among member states in the fight against crime, especially cross-border crime. It has also sought to ensure that the treaty's contents respect the diversity and distinctiveness of the different legal traditions and systems that apply across the Union, particularly Ireland's common law tradition. It is important that the right balance is achieved. The Government has tabled a number of amendments to that end, which can be consulted on my Department's website, www.irlgov.ie/iveagh, at the convention and the Intergovernmental Conference. The amendments seek unanimity for decision making under a number of articles, including those relating to substantive and procedural criminal law. We have also made a number of technical and drafting amendments aimed at improving and clarifying the text.
The Presidency has brought forward a number of helpful proposals responding to the concerns raised by Ireland and a number of other member states. The proposals in the area of criminal law stress the need for differences between legal systems, particularly between the common law and other systems, to be taken into account. They introduce a new provision which would allow a member state to refer a matter to the European Council if it considers that a proposed measure impinges on a fundamental aspect of its legal system. The new proposals are welcome and are under active consideration.
