IRISH APPLICATION TO TAKE PART IN ELEMENTS
OF THE SCHENGEN ACQUIS
(21333)
9514/00
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Irish application to take part in elements of the Schengen acquis.
|
| Legal base:
| Article 4 of the Protocol annexed to the TEU and the TEC
integrating the Schengen acquis into the framework of the
EU
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| |
| Deposited in Parliament:
| 22 June 2000 |
| Department: |
Home Office |
| Basis of consideration:
| EM of 28 June 2000 |
| Previous Committee Report:
| None |
| To be discussed in Council:
| 30 November-1 December 2000
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| Committee's assessment:
| Politically important |
| Committee's decision:
| Not cleared; further information requested
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The application
5.1 Like the UK, Ireland has requested to
participate in the police and judicial co-operation elements of
the Schengen acquis. The application is made in accordance
with Article 4 of the Protocol Integrating the Schengen acquis
into the Framework of the EU ("the Schengen Protocol"),
which is annexed to both the Treaty on European Union and the
Treaty establishing the European Community.
5.2 The application is identical to that
of the UK (which was agreed on 29 May 2000), except that the Irish
application does not include Article 40 of the Schengen Implementing
Convention (SIC) which deals with cross-border surveillance.
The Government's view
5.3 The Minister of State at the Home Office
(Mrs Barbara Roche) comments:
"The Irish application,
like the UK's, concerns the police and judicial co-operation parts
of Schengen, and not frontier controls. It therefore does not
affect the operation of the existing Common Travel Area between
the UK and Ireland. The participation of Ireland in the police
and judicial co-operation parts of Schengen should bring benefits
in terms of tackling organised and international crime ...
"It is expected that consultations will take
place between UK and Irish authorities, including the relevant
police services, about implementation of the Schengen acquis
in both countries, in particular in relation to the technical
aspects of the Schengen Information System."
5.4 The Minister reminds us that any decision
on an application by Ireland or the UK to participate in Schengen
is subject to unanimous decision by the 13 Schengen countries
listed in Article 1 of the Protocol and the applicant state. Thus
the United Kingdom will have no vote on the Irish application.
5.5 She also tells us that the Irish government
is understood to be hoping that its application will be adopted
at the JHA Council on 30 November-1 December 2000.
Conclusion
5.6 We thank the Minister for informing
us about the Irish application.
5.7 However, we are surprised that she
has told us so little about the Irish decision not to participate
in Article 40 SIC. If, as we understand it, the UK dropped the
"hot pursuit" Article 41 SIC from its application because
of its sensitivity in the context of relations between Ireland
and the UK, it seems odd that the two countries are not in step
on the Schengen cross-border surveillance provisions. We ask what
implications the Irish decision has for the UK.
5.8 We will keep the document under scrutiny
until we have her response.
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