Dáil Éireann Debate, Tuesday - 17 November 2020
674. Deputy Brendan Howlin asked the Minister for Justice if, following the exit of the United Kingdom from the European Union, it is planned to reverse Ireland’s opt-out from the provisions of the EU justice and home affairs matters; and if she will make a statement on the matter. [36834/20]
View answerI can inform the Deputy that there are no plans to reverse Ireland’s opt in under Protocol 21 of the Treaty of Lisbon which, as the Deputy will be aware, was ratified following approval by referendum.
Under the Treaty of Lisbon, Ireland secured an opt-in Protocol on the area of freedom, security and justice. The effect of the Protocol is that Ireland is not automatically bound by EU measures in the areas of asylum, immigration, judicial cooperation in civil or criminal matters or police cooperation unless it notifies the Council of its wish to participate (opt-in) to an individual measure.
The principal reasons that Ireland negotiated Protocol 21 were to safeguard the Common Travel Area with the United Kingdom and to safeguard key features of our distinctive common law legal system and consequent criminal procedures. These considerations continue to apply, notwithstanding UK withdrawal from the EU.
