Jim O'Callaghan

The government today said it accepted the recommendations of a review undertaken by the Department of Justice and published today, which was originally set to take place in 2018 but deferred because of Brexit.

The review recommends that Ireland should continue to be covered by the terms of Protocol 21 of the Treaty on the Functioning of the European Union (TFEU), under which Ireland can opt-into measures that relate to the area of freedom, security and justice on a case-by-case basis.

However, it says Ireland should generally opt-in to measures where they do not undermine the key goals of maintaining the Common Travel Area (CTA) with the UK and protecting Ireland’s common law legal system.

To that end, it says the government should undertake a comprehensive, retrospective review of all the Protocol 21-related measures in which Ireland does not currently participate and determine whether the government can accede to these measures or not.

Where EU measures have not been opted-into due to administrative constraints, it suggests that they should be mirrored via domestic legislation where practicable.

The review also proposes to explore the possibility of Ireland joining the European Public Prosecutor’s Office (EPPO) and the creation of a specialised body to facilitate the processing of mutual assistance and mutual recognition requests in a more efficient way.

Justice minister Jim O’Callaghan said: “The area of freedom, security and justice is one of the biggest achievements of the European Union and is something that as a country, and at an individual level, we benefit greatly from.

“Ireland is committed to continuing to work with our EU partners to protect and enhance the many benefits it brings.

“That said, we have some unique defining characteristic as a member state. Our membership of a Common Travel Area with the UK and our common law legal system are chief amongst these, and protecting these is essential.

“It is in Ireland’s best interests that we continue to be covered by the terms of Protocol 21 which allows us to opt-into new legislative measure on a case-by-case basis, though I also agree that we must adhere to the undertaking we made to do so to the maximum extent possible.

“This will help demonstrate Ireland’s commitment to protecting and strengthening the EU’s area of freedom, security and justice.”