The Government has been given the right to "opt out" of key provisions designed to boost human and civil rights within the new EU "reform treaty", it has emerged. Jamie Smythin Brussels reports.
EU officials confirmed last night that Ireland and Poland had both sought to reserve their right to follow Britain in opting out of the charter of fundamental rights.
The charter is a document that contains a range of citizens' rights, such as the right to life, the presumption of innocence, and the right to engage in collective bargaining and strike action. It would become "legally binding" for the application of EU law under the "reform treaty", a blueprint of which was agreed at an EU summit at the weekend.
Taoiseach Bertie Ahern made no mention of the Government's negotiation of a possible "opt out" from the charter at a press briefing at the conclusion of the summit.
"While the charter of fundamental rights will not be contained in the body of the reform treaty, the legal status is unaltered," Mr Ahern told journalists early on Saturday morning.
"We are satisfied with the protections against intrusion into domestic law that we secured in the charter itself."
He later said that the charter would be a huge selling point for the "reform treaty" in a referendum planned for sometime next year.
But the draft mandate for the talks to finalise the legal text of the new treaty notes: "Two delegations reserved their right to join in the [ British] protocol."
It does not specifically name either state, but EU officials have said they are Ireland and Poland.
The protocols negotiated by British prime minister Tony Blair on the charter state: "The charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined by the treaties." It continues: "For the avoidance of doubt, nothing in the charter creates justifiable rights applicable to the UK except in so far as the UK has provided for such rights in its national law."
Mr Blair made the negotiation of an additional protocol on the charter one of his four "red lines" at the talks. Some opposition politicians have argued that the European Court of Justice could use the charter as a basis to extend labour rights in Britain. Of principal concern is the right to strike, which is laid down in the charter.
But most legal experts disagree, leading one EU official to claim yesterday that the British argument on the charter was only about presentation.
"They got an 'opt out' from the charter so the treaty could pass the Daily Mail test," said the official.
Eugene Regan of the European Lawyers' Group at the Institute of European Affairs said individuals could not rely on the right to strike in the charter because the EU had no competence to legislate in this area.
"These social rights, therefore, serve as possible guidelines for union policy, but are only legally enforceable if member states adopt legislation in line with such guidelines," he said.
Trade unions argue that these rights may develop over time given the fluid nature of EU law. Blair Horan, general secretary of the Civil Public and Services' Union (CPSU), said it was possible the charter could develop to influence domestic law in the future.
He said he was shocked the Government had negotiated an "opt out" from the charter. "In my view the trade union movement in Ireland would never support a treaty with an opt out, which would be doomed to failure in a referendum.
"The CPSU motion at the Ictu conference next week in Bundoran will seek support for this position," he said.