Ireland's EU opt-out on crime

Madam, - In seeking to allay my concerns about giving the EU power to legislate for us in police and criminal law matters, Ciaran…

Madam, - In seeking to allay my concerns about giving the EU power to legislate for us in police and criminal law matters, Ciaran Toland (October 18th) plays down the significance of EU competence in this area and exaggerates Ireland's capacity to veto measures it does not like.

Far from being confined to setting up "mechanisms of mutual respect" for member-states' police and criminal justice systems, as he suggests, the EU has already forced us to rewrite our law on extradition, introduce new criminal offences and provide for police officers from other member-states to operate here - to mention only some measures. Experience in EU matters generally has taught us that with the new treaty we can expect a steady stream of more far-reaching measures in this sensitive field.

The so-called "emergency brake" or veto will not protect us. Anyone familiar with EU politics will know that a state will have to be very sparing in the use of such a veto lest it acquire the reputation of being an awkward and problematic member of the club and - ironically, given the basis of Ciaran Toland's argument - outside the mainstream.

Moreover, when a small state like Ireland is minded to exercise this power, it will come under intense pressure to give way as a trade-off for the support of other member-states on economic and social matters of equal or greater concern to it.

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Given the continuing and substantial differences between the common law system of Ireland and the civil law systems of most other member-states, it seems wiser to adopt a more cautious approach, at least until such time (if any) that the EU develops the legal and democratic checks and balances necessary for the exercise of sovereign power in policing and criminal law. - Yours, etc,

Prof DERMOT WALSH,

Newgarden North,

Lisnagry,

Co Limerick.